Page 172 - DMGT516_LABOUR_LEGISLATIONS

Unit 7: Dispute Resolution and Industrial Harmony

substantial interest in the case. [Workmen vs. Shri Ranga Vilas Motors Ltd., 1967-II LLJ 12 Notes
(S.C.)]
Even a minority union or minority group of workmen can raise an industrial dispute.
(Associate Cement Co. vs. Workmen, AIR 1960 S.C. 777).
If discharged workman dies while contesting his termination, his legal representatives
may continue his case in the Labour Court (V. Bhaskaran vs. Union of India, 1982, 44) (FLR
331).
Union recognition is a most important issue but recognition is not within the definition of
'industrial dispute' in the Act. It is not a condition of service or of employment or non-
employment. Consequently, non-recognition of a union has not been judged to constitute
an industrial dispute and therefore such disputes are not conciliated or adjudicated under
the I.D. Act.
Sec.2A: Where any employer discharges, dismisses, retrenches or otherwise terminates
the services of an individual workman, any dispute or difference between that workman
and his employer connected with, or arising out of, such discharge, dismissal, retrenchment
or termination shall be deemed to be an industrial dispute notwithstanding that no other
workman nor any union of workmen is a party to the dispute.
An individual workman whose services are terminated can now raise an industrial dispute
and take his case to the conciliation machinery or approach the government for a reference
of the dispute to adjudication. The object of the section is to give an individual dispute
relating to discharge, dismissal, retrenchment or otherwise termination, the status of an
industrial dispute.

In sum, the following conditions must exist for an Industrial Dispute:
(i) There must be an industry; (ii) between the parties there must be a relationship of
workmen and employer; (iii) the dispute must be connected with the employment or non-
employment, terms of employment of the conditions of labour; (iv) the dispute must be
related to a workman or any other person in whom, the group has a direct and substantial
interest; and (v) generally speaking, the dispute should not be merely an individual
dispute; it should in some sense be a collective dispute. However, in disputes related to
termination of service (dismissal, discharge, or retrenchment), an individual can raise an
industrial dispute.
5. Workman [Section 2(s)]: "Workman" means any person (including an apprentice employed
in any industry to do any skilled or unskilled manual, supervisory, operational, technical
or clerical work for hire or reward whether the terms of employment be expressed or
implied, and for the purposes, of any proceeding under this Act in relation to an industrial
dispute, includes any such person who has been dismissed, discharged or retrenched in
connection with, or as a consequence of, that dispute or whose dismissal, discharge, or
retrenchment has led to that dispute, but does not include any such person:
(a) Who is subject to the Army Act, 1950 (46 of 1950), or the Air Force Act, 1950 (45 of
1950), or the Navy (Discipline) Act, 1934 (34 of 1934); or
(b) Who is employed in the police service or as an officer or other employee of a prison;
or
(c) Who is employed mainly in a managerial or administrative capacity; or
(d) Who is being employed in a supervisory capacity, draws wages exceeding 1,600
rupees per mensem or exercises, either by the nature of the duties attached to the
office or by reason of the powers vested in him, functions mainly of a managerial
nature.

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