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Home » Labor Law » Labour Law » The Industrial Dispute Act 1947 » Difference Between Industrial Dispute and Individual Dispute
Di erence Between Industrial Dispute and Individual Dispute
SUBJECTS ancy for Lawyer istration of justice Banking Law Civil Procedure Code Comparative Law Constitutional Law Cyber Law No
Individual Dispute
Industrial Dispute
1)
Whether a single workman who is aggrieved by an action of the employer an raise Industrial Dispute. Section 2(k) of the Industrial Act, 1947 speaks of a dispute between employer and workmen. i.e. Plural form is used.
Industrial Dispute is defined under Section 2(k) of the Industrial Dispute Act, 1847. “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 nonemployment or the of employment or with the conditions of labor, of any persons.”
Before insertion of the Section 2A of the Act, an Individual Dispute could not per se be an Industrial Dispute but it becomes one if taken up by the Trade union or a number of workmen. to the dispute. 2)
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An Individual Dispute to be declared as an Industrial Disputes, The following Conditions are to be satisfied –
To constitute Industrial Dispute following elements are to be satisfied -
(1) A body of workmen ( Trade Union)or a considerable number of workmen are found to have common cause with the Individual workman;
1) A dispute Between Employers and employers or employer and workman or workman and workman.
(2) That the Individual dispute was taken up or sponsored by the workmen as a body ( trade union) or by Considerable Section of them before the date of reference.
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(2) The Dispute should be connected with employment or non-employment or of employment or conditions of labor of any person.
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(3) The Dispute may be in relation to any workmen or any other person in whom they are interested as a body
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