Page 186 - DMGT306_MERCANTILE_LAWS_II

Unit 10: Industrial Disputes Act, 1947

The expression “condition of labour” is much wider in its scope and usually it was reference to Notes
the amenities to be provided to the workmen and the conditions under which they will be
required to work. The matters like safety, health and welfare of workers are also included
within this expression.
It was held that the definition of industrial dispute in Section 2(k) is wide enough to embrace
within its sweep any dispute or difference between an employer and his workmen connected
with the terms of their employment. A settlement between the employer and his workmen
affects the terms of their employment. Therefore prima facie, the definition of Industrial dispute
in Section 2(k) will embrace within its sweep any fraudulent and involuntary character of
settlement. Even a demand can be made through the President of Trade Union (1988 1 LLN 202).
Dispute between workmen and employer regarding confirmation of workman officiating in a
higher grade is an industrial dispute (1984 4 SCC 392).
Employer’s failure to keep his verbal assurance, claim for compensation for loss of business;
dispute of workmen who are not employees of the Purchaser who purchased the estate and who
were not yet the workmen of the Purchaser’s Estate, although directly interested in their
employment, etc. were held to be not the industrial disputes. Payment of pension can be a
subject matter of an industrial dispute (ICI India Ltd. v. Presiding Officer L.C., 1993 LLJ II 568).

(iv) Dispute in an “Industry”

Lastly, to be an “industrial dispute”, the dispute or difference must relate to an industry. Thus,
the existence of an “industry” is a condition precedent to an industrial dispute. No industrial
dispute can exist without an industry. The word “industry” has been fully discussed elsewhere.
However, in Pipraich Sugar Mills Ltd. v. P.S.M. Mazdoor Union, A.I.R. 1957 S.C. 95, it was held that
an “industrial dispute” can arise only in an “existing industry” and not in one which is closed
altogether.
The mere fact that the dispute comes under the definition of Section 2(k) does not automatically
mean that the right sought to be enforced is one created or recognised and enforceable only
under the Act (National and Grindlays Bank Employees Union, Madras v. I. Kannan (Madras), 1978 Lab.
I.C. 648). Where the right of the employees is not one which is recognised and enforceable under
the Industrial Disputes Act, the jurisdiction of the Civil Court is not ousted.

(v) Strike

“Strike” means a cessation of work by a body of persons employed in any industry acting in
combination, or a concerted refusal, or a refusal under a common understanding of any number
of persons who are or have been so employed to continue to work or to accept employment.
[Section 2(q)].
Strike is a weapon of collective bargaining in the armour of workers. The following points may
be noted regarding the definition of strike:
(i) Strike can take place only when there is a cessation of work or refusal to work by the
workmen acting in combination or in a concerted manner. Time factor or duration of the strike
is immaterial. The purpose behind the cessation of work is irrelevant in determining whether
there is a strike or not. It is enough if the cessation of work is in defiance of the employer’s
authority.
Proof of formal consultations is not required. However, mere presence in the striking crowd
would not amount to strike unless it can be shown that there was cessation of work.
(ii) A concerted refusal or a refusal under a common understanding of any number of persons to
continue to work or to accept employment will amount to a strike. A general strike is one when

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