CONTENTS

Definition of industry

Objectives

Professions held to be an industry

Triple test

Definition of Industrial Dispute

Conditions Applicable

Individual Dispute

Conditions Applicable

DEFINITION OF INDUSTRY

Section 2(j) defines “industry” as -

Any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft or industrial occupation or avocation of workman.

OBJECTIVES

1. Promotion of measures for securing and preserving amity and good relations between employer and workmen.

2. Investigations and settlement of industrial disputes between employers and employers, employers and workmen or workmen and workmen with a right of representation by registered trade unions or a federation of trade union or an association of employers or an association of federation of employers.

3. Prevention of illegal strikes or lock- outs.

4. Relief to workmen in the matter of lay-off and retrenchment.

5. Collective bargaining between employer and workmen or the trade union representing such workmen.

Contd…

PROFESSIONS WHICH ARE HELD TO BE INDUSTRY

Education,

Clubs ,

Cooperative societies ,

Credit Unions ,

Hospitals ,

Research Institutes ,

Charitable projects , and

Sovereign functions.

TRIPLE TEST TO DETERMINE AN ACTIVITY

AS INDUSTRY

1. Systematic activity

2. Organized by cooperation between employer and employee and

3. For the production of goods and services calculated to satisfy the human wants and wishes ( not spiritual or religious)

Industrial Dispute (2k)

Industrial dispute has been defined as

“any dispute or difference between

employers and employers or between

employers and workmen or between

workmen and workmen

which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person.”

A dispute is an industrial dispute provided it satisfies these conditions:

a. There should be an industry, employer and workman. Theses must be a “collective will” of substantial or appreciable number of workman taking up the cause of the aggrieved workman. It must be in a position to redress the grievance.

b. There should be a real and substantial dispute or difference and should be one in which the workman is substantially interested, i.e., there must be ‘community of interest’.

c. The dispute should be between the employer and workman, employers and employers or between workmen and workmen.

d. The dispute must be connected with:i. The employment orii. Non- employment, oriii. Terms of employment or with

conditions of labour. Non-employment includes retrenchment and refusal to reinstate.

Contd…

e. There should be a contractual relationship between the employer and the workman. The former following a trade, business and manufacture the latter following any calling, service or employment in aid of employers enterprise.

f. The dispute should relate to existing industry, and not a dead one or one which is not even in existence.

g. An individual dispute could assume the character of an industrial dispute provided it is sponsored either by the trade union or by number of workmen.

INDIVIDUAL DISPUTE

An individual dispute is a difference between an employee or employees (or group of employees) and an employer that arises from the conclusion, amendment, termination or performance of an employment contract, or from the application or interpretation of the rules laid down in normative acts, collective agreements etc.

1. If the dispute has not been resolved through the negotiations between the employee and the employer.

2. If one of the parties is dissatisfied by the decisions of an industrial dispute committee.

3. If the parties have not attempted to resolve an individual dispute through negotiations.

Any party to an individual dispute has the right to apply to the court of law :