Industrial Dispute - Definition - Law Dictionary Home Dictionary Definition industrial-dispute

Definition :

Industrial dispute, means 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 with the conditions of labour, of any persons. [Industrial Disputes Act, 1947, s. 2 (k)]

The words 'Industrial disputes' in the Industrial Disputes Act include also disputes that might arise between municipalities and their employees in branches of work that can be said to be analogous to the carrying out of a trade or business, D.N. Banerjee v. P.R. Mukherjee, AIR 1953 SC 59: (1953) SCR 302. [Constitution of India Sch VII, List III, Entry 22]

A dispute between an employer and single workman does not fall within the definition of Industrial dispute' under the U.P. Industrial Disputes Act, 1947. But though the applicability of the Act to an individual dispute as opposed to dispute involving a group of workmen is excluded, if the workmen as a body or a considerable section of them make common cause with the individual workman then such a dispute would be an industrial dispute, Newspapers Ltd. v. State Industrial Tribunal, AIR 1957 SC 532: (1957) SCR 754.

The definition of 'industrial dispute' in s. 2(k) of the Industrial Dispute Act, 1947 requires three things, namely (1) There should be a dispute or difference; (2) The dispute or difference should be between employers and employers, or between employers and workmen or between workmen and workmen; (3) 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, Standard Vacuum Refining Co. of India v. Their Workmen, AIR 1960 SC 948: (1960) 3 SCR 466.

The definition of industrial dispute in s. 2(k) of the Industrial Disputes Act, 1947 shows that before any dispute raised by any person can be said to be an industrial dispute, it must be shown that it is conn-ected with the employment or non-employment of that person, Workmen, M/s. Dharam Pal Prem Chand v. Dharampal Premchand, AIR 1966 SC 182: (1965) 3 SCR 394.

The term 'industrial dispute' connotes a real and substantial difference having some element of persistency and continuity till resolved and likely if not adjusted to endanger the industrial peace of the undertaking or the community. When parties are at variance and the dispute or difference is connected with the employment, or non-employment or the terms of employment or with the conditions of labour there comes into existence an industrial dispute, Shambu Nath Goyal v. Bank of Baroda, AIR 1978 SC 1088: (1978) 2 SCR 793: (1978) 2 SCC 353.