What is Industrial Dispute
'Industrial Dispute' means any dispute or difference between employers and employers or between employers and workmen and workmen, 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 [section 2(k)].
Case Law :
Workmen of Dimakuchi Tea Estate v. THe Management of Dimakuchi Tea Estate (1958) SCR 1156, the Supreme Court has analyzed the definition to contain following ingrediants ;
- There must be dispute or difference ;
- The dispute or difference must be between employers and employers or between employers and workmen or between workmen and workmen;
- The dispute or difference must be connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person.
Dispute between following parties comes within the ambit of definition :
- Between employers and employers ; or
- Between employers and workmen ; or
- Between workmen and workmen.
The dispute must be such in witch the workmen is directly and substantially interested. It must be a dispute which the employer is in position to remedy. The following conditions must exit to give rise to industrial dispute.
- Grievance of workmen or workmen against the employer (wrong) ;
- Communication of said grievance to the employer (Demand) ;
- Rejection of the employer to settle the grievance (Refusal).
No procedure or method is prescribed by the Act with regard to communication of demand to the employer by workmen. Except in case of public utility service, written demand is necessary under section 22 of the Act.
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Object of Industrial Dispute Act, 1947 (Scope/Feature)
During post-independence era we have witnessed the development of a new jurisprudence, namely the 'Industrial Law'. The Industrial Law in pre-independence days was in a rudimentary form. But later on with the development of industry, the Industrial Law developed side by side. The growth of this law was slow in the begining but gained its pace in the recent years as is evident form the bulk of the cases before the Supreme Court on Industrial Law matters. A large section of the Indian population is effected by Industrial Laws. Some like indutrialists and their workmen are directly affected and many others are unconciously affected bt these laws. The economic growth of a country depends upon the industrial development. Therefore, the progress of a country being dependent upon the development of industry, the Industrial Laws plays an important role in the national economy of a country.
The object (Section 1. Scope and object) of the industrial relations legislation in general is industrial peace and economic justice.Through the Act is called Industrial Disputes Act, 1947, its purpose is to avoid industrial disputes. Stated purpose of the Act is to, "make provisions for investigation and settlement of Industrial disputes and for certain other purposes." Object of the Act has been to settle disputes between employer and employees and thereby to restore and maintain industrial peace. After examining the salient provisions of the Act in Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate (1958)SCR 1156, the SC enumerated the following objects of the Act ;
- Promotion of measures for securing and preserving amity and good relations between the employer and workmen ;
- An investigation and settlement of Industrial dispute, between employers and employers, employers and workmen and workmen vs workmen.
- Prevention illegal strike and lock-outs.
- Relief to workmen in the matter of lay-offs and retrenchment ; and
- Collective Bargaining.
Labour & Industrial Law by S.N. Misra