A

Synopsis on

"industrial dispute act 1947"

Submitted towards the partial fulfillment of grading for the 7th semester of
BA+LLB(Hons.) (labour law) course for the subject

Labour law

Submitted To:

Submitted By:

Huma Mehfooz

Shivam Shukla

Assistant professor

B.A.L.L.B (Hons.)

Faculty of Law

13GSOL102076

Introduction:Industrial Dispute is any dispute of 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.
Industrial dispute as defined under Sec. 2(k) exists betweenParties to the dispute who may be
Employers and workmen
Employers and Employers
Workmen and workmen
a) There should be a factum of dispute not merely a difference of opinion.
b) It has to be espoused by the union in writing at the commencement of the
dispute. Subsequent espousal will render the reference invalid. Therefore date
when the dispute was espoused is very important.
c) It affects the interests of not merely an individual workman but several workmen
as a class who are working in an industrial establishment.
d) The dispute may be in relation to any workman or workmen or any other person
in whom they are interested as a body.
Chandrakant Tukaram Nikam and others vs. Municipal Corporation of Ahmedabad
and another: It was held by the Supreme Court that the Jurisdiction of the Civil
Court was impliedly barred in cases of the dismissal or removal from service, The
appropriate forum for such relief was one constituted under Industrial Disputes
Act, 1947.
Definition of industrial dispute
The Industrial Dispute Act of 1947, came into force on the first day of April, 1947.
Its aim is to protect the workmen against victimization by the employers and to

ensure social justice to both employers and employees. The unique object of the
Act is to promote collective bargaining and to maintain a peaceful atmosphere in
industries by avoiding illegal strikes and lock outs. The Act also provides for
regulation of lay off and retrenchment. The objective of the Industrial Disputes Act
is to secure industrial peace and harmony by providing machinery and procedure
for the investigation and settlement of industrial disputes by negotiations.

Statement of Problem:Difference in between the workman and his employer connected arising out of
following activities shall be deemed to the industrial dispute.
Dismissal of workman
Discharge of workman
Retrenchment of the workman
Termination of workman from his services
Workman having the disputes can make a application to the conciliation officer to
settle the dispute. After the expiry of 3 months of time conciliation officer fails to
settle the dispute, workman can make a direct application to labour courts or
tribunals for adjudication.
Workman should make an application to labour courts or tribunals for adjudication
before the expiry of 3 years from the date of discharge, dismissal, retrenchment or
otherwise termination of service of workman,
Research Objective
Before insertion of Section 2-A of the Act an individual dispute could not per se be
an industrial dispute, but it could become one if taken up by the Trade Union or a
number of workmen. The Supreme Court and majority of Industrial Tribunals held
that, a dispute raised by a dismissed employee would not be treated as an industrial
dispute, unless it is supported by a trade union or by a body or Section of
workman.For an individual dispute to be declared as an Industrial Dispute, the
following conditions are to be satisfied: A body of workmen (trade Union ) or a

considerable number of workmen, are found to have made common cause with the
individual workman.That the dispute (individual dispute) was taken up or
sponsored by the workmen as a body (trade union) or by a considerable Section of
them before the date of reference. Bombay Union of Journalists vs. The Hindu A
person working in The Hindu, Madras was terminated for claiming as full time
employee. The Bombay Union of Journalist raised the dispute. It was found that,
there were ten employees of which seven in administrative side and only three in
journalism side. Of these three, only two were the members of the union.
Therefore, the Supreme Court held that the Bombay Union of Journalists is not
competent to raise this dispute. Even if it had raised, it could not have become an
industrial dispute.
Research Questions
1) Workmen of Indian Express Newspapers Ltd. vs. Management Indian Express

Newspapers
2 (Express Newspapers (Private) Ltd. Vs. First Labour Court, West Bengal & Others,
3) Calcutta Chemical Co. Ltd. And ... vs D.K. Barman And Anr. on 29 October, 1968
4) . United Labour Federation vs The Management Of Rickitt
5) Surendra Kumar Verma Etc vs The Central Government

Research Methodology:This research is proposed to be based on books, Articles and Websites. Hence the Methodology
used for the research of this topic is analytical and deductive.

Tentative Capterization:1). Introduction

2) Object
3). Definitions
4). Interpretation of the rule
5). Punishment
6). Dispute settlement authority

7). Introducingh new and different cases

8).Conclusion