Industrial Dispute: Definition and Specific Cases

Definition of Industrial Dispute

Under Section 2(k) of the Industrial Disputes Act, 1947, an Industrial Dispute is defined as any dispute or difference between:

• Employers and employers;

• Employers and workmen; or

• Workmen and workmen.

To qualify as an industrial dispute, the conflict must be connected with the employment or non-employment, the terms of employment, or the conditions of labour of any person.

(a) A dispute between a single workman and his employer

Traditionally, an industrial dispute was required to be a collective dispute (sponsored by a trade union or a group of workmen) to fall under the Act. However, with the insertion of Section 2A, the scope was expanded.

• Status: An individual dispute is deemed to be an industrial dispute only if it relates to the discharge, dismissal, retrenchment, or termination of the services of that individual workman.

• Explanation: If a single workman is fighting over his dismissal, it is legally an industrial dispute even if no union or other workmen support him. However, if the dispute is about something else (like a promotion or a bonus) and is not supported by a union, it remains an individual grievance and does not qualify as an industrial dispute under this Act.

(b) A dispute between a dismissed employee and his employer

• Status: This is an Industrial Dispute.

• Explanation: The definition of "workman" under Section 2(s) specifically includes any person who has been dismissed, discharged, or retrenched in connection with, or as a consequence of, the dispute.

• Reasoning: If the law did not recognize dismissed employees as "workmen" for the purpose of a dispute, an employer could simply fire a worker to deprive them of the right to use the machinery provided by the Act (Labour Courts/Tribunals). Therefore, a dismissed employee remains a "workman" for the purpose of challenging their termination.