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.

Contd
3. Prevention of illegal strikes or lock- outs.
4. Relief to workmen in the matter of
and retrenchment.

lay-off

5. Collective bargaining between employer and

workmen or the trade union representing
such workmen.

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
employer and employee and

between

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.

Contd
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 or
ii. Non- employment, or
iii. Terms
of
employment
or
with
conditions of labour. Non-employment
includes retrenchment and refusal to
reinstate.

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.

Any party to an individual

dispute has the right to apply to
the court of law :
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.