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Labour Legislations

Notes dispute in relation to such department. To fall within the definition of 'industry' the
government activity must at least be analogous to trade and business and there must be an
element of economic venture in the activity. [State of Punjab vs. Daljit Singh and Another -
1986 (68) FJR 310 Pun. & Har.]
The Supreme Court held that Madhya Pradesh Khadi and Village Industries Board
constituted under Khadi and Village Industries Act, 1959 established to encourage khadi
and village industries is an industry within the meaning of Madhya Pradesh Industrial
Relations Act, 1960. (Gopal vs. Administrative Officer and Other - 1986 I LLJ 58).
Social Welfare Department of Govt. of Rajasthan is an Industry. Royal and sovereign
functions alone will be entitled to exemption (Kanhaiya Lal vs. State of Rajasthan & Ors, 1994-
II LLJ 474).
The term 'industry' covers directorate of State Lottery, Hindustan Copper Ltd., Irrigation
Department, Kerala State Science and Technological Museum, Municipal Council, Panchayat
Samiti as per the judgements of different courts.

4. Industrial Dispute [Section (2k)]: Industrial Dispute means any dispute or difference
between employers and employer or between employers and workmen and between
workmen and workmen, which is connected with the employment or non-employment
or the terms of employment or with the conditions of labour, of any person.
The concept of employment involves employer-employee relationship and a contract of
employment. An employer may dismiss a man or the organization may decline to employ
him. This matter raises a dispute as to non-employment. Reinstatement is connected with
non-employment.
The definition is in three parts. The first part refers to the fact of a real and substantial
dispute, the second part to the parties to the dispute and the third to the subject-matter of
the dispute (Standard Vacuum Refining Co. vs. Their Workmen, AIR 1960 S.C. 948).
Unless a demand is raised by a workman and rejected by the management, there cannot be
any industrial dispute (W.S. Insulators of India Ltd. vs. Industrial Tribunal, 1977-II LLJ 225).
The Act says, 'of any person'. While the purpose of the Act shows that these words cannot
mean anybody and everybody, it is possible for an industrial dispute to be raised concerning
any person even a non-workman, in whose employment, non-employment, terms of
employment or conditions of labour, the parties to the dispute as a group or class have a
direct and substantial interest [Workmen of Dimakuchi Tea Estate vs. Dimakuchi Tea Estate,
1958-I LLJ 500 (S.C.)]. It could sometimes be an officer or other non-workman if there was
real community of interest and this interest was direct, immediate and non-remote. [The
Workmen vs. Greaves Cotton & Co., 1971-II LLJ 479 (S.C.)]. The community of interest on the
part of the workmen must exist; when the government makes the reference. [Western India
Match Co. vs. Workers Union, 1970-II LLJ 257 (S.C.)]
It is settled law that before any dispute between an employer and his workmen can be said
to be an industrial dispute under the Act, it must be sponsored by a substantial number of
workmen. In other words, it is only a collective dispute that can constitute an industrial
dispute.

Even non-recognised and unregistered unions may raise an industrial dispute. The key
point is the dispute being raised by a substantial number of workmen? (Newspapers Ltd.,
Allahabad vs. U.P. State Industrial Tribunal, A.I.R. 1960 S.C. 777)
An individual dispute may become an industrial dispute if it is taken up by a union of
workmen of the establishment or substantial number of workmen who have a direct and

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