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LABOUR LAW

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V.NAGARAJ
PROFESSOR of LAW
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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
NAGARBHAVI
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BANGALORE-560072
vnagaraj@nls.ac.in
Industrial Dispute and individual dispute
• Industrial dispute means any dispute or difference
between employers and employers, or between

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employers and workmen or between workmen and
workmen, which is connected with employment or non-
employment or the terms of employment or with the
conditions of labour of any person.

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• The dispute has to be between plurality of workman and
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employer
• Individual workman cannot raise an industrial dispute
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• A trade union or a number of workmen must rise the
dispute
• What number of workmen are required to rise an

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industrial dispute
• The SC has said that substantial number of workmen will
have to rise the dispute
• The SC has said that substantial number is not majority

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• It must however be such number as to lead an inference
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that the dispute is one which affects the workmen as a
class.
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• Any person used in the definition
• Workmen of Dimakuchi Tea estate-v- Dimakuchi Tea
estate (1958)1LLJ500S.C The Court held that the word

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any person in the definition means a person in whose
employment or non employment or terms of employment
or conditions of labour the workmen as a class have a
direct and substantial interest

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• Whether such direct and substantial interest has been
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established in a particular case will depend on its facts
and circumstances
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• Standard Vacuum refining co; of India ltd-v-the
workmen (1960)2LLJ233SC
• this case labour was employed for cleaning and
maintenance through contractor

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• The regular employees raised a dispute for regularising
the contract labour
• The regular workmen have direct and substantial interest

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in the contract workers
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• The regular workers have class interest also.
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Individual dispute deemed as industrial
dispute
• 1965 amendment to I.D ACT and insertion of 2A.
• Where any employer discharges, dismisses, retrenches or

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otherwise terminates the services of an individual
workman, any dispute or difference between that
workman and his employer…….shall be deemed to be an

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industrial dispute notwithstanding that no other workman
nor any union of workmen is a party to the dispute.
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• Individual dispute when raised will have to go before the
Conciliation officer submit an application and wait for 45
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days, if resolution has happened then the party can
approach the LC with out the need for reference by the
Government.
• This definition is not applicable to disputes short of
termination
 Compulsory Adjudication LC, IT, NT
Reference by the
Appropriate Government
Sec. 10(1)
Award Sec. 18(3) of ID Act

S. 2-A, 33-A

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Publication of award

Conciliation (if successful Judicial review - Art. 226 or

Settlement) Art. 136
Sec. 18(3) of INDUSTRIAL

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The I D act DISPUTES
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Award – 18(2) & 18(3)

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Judicial review - Art. 226 or
Art. 136

Collective Bargaining –
If successful – settlement
Sec. 18(1) of ID Act
Collective bargaining
• It is resolving Industrial disputes by negotiation between the workmen
and Employer.

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• Though it has been quite common the law recognised only from 1956
• The amended definition 2(p) of the I.D.Act recognizes settlements
other than Conciliation settlements
• Section 18(1) recognizes bilateral settlements to be binding on the

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parties to the settlements
• Tata Chemicals-v-Workmen(AIR1978SC828)
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• Unfair labour practices recognizes that it is illegal to refuse to bargain
with a recognised trade union.
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• In the process of Bilateral negotiations the parties can use the
Weapons of strikes and Lock outs in order to make the opposite party
behave reasonably
• 2(q) Strike means cessation of work by a body of persons
employed in any industry acting in combination, or a
concerted refusal, or a refusal, under a common
understanding of any number of persons who are or have

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been so employed to continue to work or to accept
employment.
• The definition does not speak about the purpose of strike
So a strike can be pursuant to an I.D or even otherwise.

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• The law regulating strikes also does not say that a strike
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has to be pursuant to an I.D only
• Judiciary has classified strikes in to justified and un-
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justified strikes
• A strike for purposes other than I.D is unjustified
• The facts and circumstances determine whether a strike
is justified or un justified.
• 2(L) defines Lock out as the temporary closing of a place
of employment or the suspension of work or refusal by an
employer to continue to employ any number of persons
employed by him.
• It is an act of belligerency as opposed to Lay-off

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• Lockout is also classified as justified and unjustified based
on the circumstances of the case
• The labour Court decides the justifiability or other wise of

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the strikes or lockouts.
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• Wages for the period of strikes and lockouts –Syndicate
Bank-v- Umesh Nayak 1995 SC
• Go Slow
• Not a strike
• Considered as a serious form of misconduct

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• Bharath Sugar Mills ltd-v- Jai singh –How the Supreme
Court considered it as a serious misconduct
• Go slow is likely to be much more harmful than
a strike
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Conciliation
• It is facilitated negotiation
• Conciliation and Board of conciliation

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• Conciliation by the conciliation officer is quite popular
• It is compulsory in public utility services

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• Among other services any section of an industrial
establishment on the working of which the safety of the
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establishment or the workmen employed there in depends
is also a public utility service.
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• In public utility services notice has to be given before
going on strike.
Powers of Conciliation officer
• Can for the purpose of inquiry in to an existing or
apprehended I.D, after giving reasonable notice, enter the

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premises occupied by any establishment to which the
dispute relates
• Enforce the attendance of any person for the purpose of
examination

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• Examine the person on oath if necessary
• Compel production of documents
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• Issue commission for examination of witnesses
Disobedience –prosecution is possible
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•
• Punishment may extend to three months or fine which
may extend to Rs 500-00 or with both
•