Industrial Dispute - Law Dictionary Search Results
Home Dictionary Name: industrial disputeIndustrial dispute
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 con...
Industry and Industrial dispute
Industry and Industrial dispute, 'industry' and 'industrial dispute' are defined in the Act in s. 2, clauses (j) and (k) of the Industrial Dispute Act, 1947 as follows: '(j) 'industry' means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen; (k) '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 person', D.N. Banerji v. P.R. Mukherjee, AIR 1953 SC 58 (59): (1953) SCR 302....
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
Industry
Industry, 'Industrial dispute' and 'workman' taken in the extended significance, or exclude it. Though the word 'undertaking' in definition of industry is wedged in between business and trade on the one hand and manufacture on the other, and though therefore it might mean only a business or trade undertaking, still it must be remembered that if that were so, there was no need to use the word separately from business or trade. The wider import is attracted even more clearly when we look at the latter part of the definition which refers to 'calling, service, employment, or industrial occupation of, avocation of workman. 'Undertak-ing' in the first part of the definition and 'industrial occupation or avocation in the second part obviously mean much more than what is ordinarily understood by trade or business. The definition was apparently intended to include within scope what might not strictly be called a trade or business venture, Bangalore Water Supply and Sewerage Board v. A. Rajappa,...
Workman
Workman, does not include an apprentice/trainee appointed under the Apprentices Act, 1961, Dhampur Sugar Mills v. Bhola Singh, (2005) 2 SCC 470. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947), s. 2(z)]Here includes an employee employed as supervisor. There are only two circumstances in which such a person ceases to be a workman. Such a person is not a workman if he draws wages in excess of Rs. 500 per month or if he performs managerial functions by reason of a power vested in him or by the nature of duties attached to his office, All India Reserve Bank Employees' Association v. Reserve Bank of India, AIR 1966 SC 305: (1966) 1 SCR 25.The term 'workman' as used in s. 33C(2) includes all persons whose claim, requiring computation under this sub-s., is in respect of an existing right arising from his relationship as an industrial workman with his employer, National Buildings Construction Corporation Ltd. v. Pritam Singh Gill, AIR 1972 SC 1579: (1972) 2 SCC 1: (1973) 1 SCR 40.Car...
Strike
Strike, is of an artificial character and does not represent any legal definition or description. It is an agreement between persons who are working for a particular employer, not to continue working for him, Bankey Lal v. State of Uttar Pradesh, AIR 1959 All 614: (1957) 2 Lab LJ 231.Means a total or partial cessation of work by employees employed in an industrial undertaking acting in combination or a concerted refusal or a refusal under a common understanding of em-ployees to continue to work or to accept work where such cessation or refusal is in consequence of an industrial dispute in any industry, Mill Manager, Model Mills Nagpur Ltd. v. Dharam Das, AIR 1958 SC 311.Strike. The (English) Trade Disputes and Trade Unions Act, 1927 (17 & 18 Geo. 5, c. 22), by s. 8 provides:-The expression 'strike' means the cessation of work by a body of persons employed in any trade or industry acting in combination, or a concerted refusal under a common understanding of any number of persons who are...
Employee
Employee, includes not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they include not only persons employed in the factory but also persons employed in connection with the work of the factory, P.M. Patel and Sons v. Union of India, (1986) 1 SCC 32: AIR 1987 SC 447: (1985) Supp 3 SCR 55.A person who works in the service of another person (the employer) under an express or implied contract of hire under which the employer has the right to control the details of work performance, Black's Law Dictionary, 7th Edn., p. 543.Means a person appointed to or borne on thecadre of staff of the Corporation, other thanperson on deputation. [Employees' State Insurance Corporation (General Provident Fund) Rules, 1995, s. 2(1)(e)]Means any person appointed by the University and includes teachers and other staff of the University, Manipur University Act, 2005, s. 2(k).In relation to the University, means a person other than a teacher or an office...
Undertaking
Undertaking, denotes 'any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade, Secretary Madras Gymkhana Club Employees Union v. Manage-ment of Gymkhana Club, AIR 1968 SC 554: (1968) 2 SCJ 138: (1968) 1 SCA 379: (1967) 2 SCWR 618: (1967) 2 Lab LJ 720: 33 FJR 157: (1968) Lab JC 547: (1968) 2 Andh WR (SC) 6: (1968) 2 Mad LJ (SC) 6: 15 Fac LR 411: 16 Law Rep 140.Undertaking, denotes, with reference to company law, all the assets of the company past present and future, and is a mortgageable interest being commonly charged by the debentures of the company. 'Undertaking' means a unit, such as a factory or a granary, Industrial Disputes Tribunal (in re:), (1956) 3 All ER 111.Undertaking, in a compromise decree does not mean a promise to a court. It is merely a solemn promise by one party to the other when it appears in an agreement between the two, Nisha Kant Roy v. Sandji Bashnai, Goho, AIR 1948 Cal 294: 49 Cr LJ 567.Undertaking, i...
Lay off
Lay off, s. 2(kkk) of Industrial Disputes Act, 1947 defines a lay off. Lay-off may be due to shortage of coal or shortage of power or shortage of raw materials or accumulation of stocks or break-down of machinery or any other reason, Management of Kairbetta Estate v. Rajamanickam, AIR 1960 SC 893: (1960) 3 SCR 371.It means the failure, refusal or inability of employer on account of contingencies mentioned in clause (kkk) of the Industrial Disputes Act, s. 2 to give employment to a workman whose name is borne on the muster rolls of his industrial establishment. It is merely a fact of temporary unemployment of the workman in the work of the industrial establishment. The principles governing the case of lay-off are very akin to those applicable to a suspension case. When lay-off is found justified workmen may not be awarded any wages or compensation, Workmen of M/s. Firestone Tyre & Rubber Co. of India (P) Ltd. v. Firestone Tyre & Rubber Co., AIR 1976 SC 1775: (1976) 3 SCC 819: (1976) 3 S...
Workmen concerned in such dispute
Workmen concerned in such dispute, the expression 'workmen' concerned in such dispute in s. 33(1)(a) of the Industrial Disputes Act, 1947 is not limited to the workmen directly or actually concerned in such dispute, but induces all workmen on whose behalf the dispute has been raised as well as those who would be bound by the award which may be made in the said dispute', New India Motors (P) Ltd. v. K.T. Morris, AIR 1960 SC 875: (1960) 3 SCR 350. [Industrial Disputes Act, 1947, s. 33(1) (a), 33A, 32(12) & 18]...
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