Labour Law Assignment No.

01 INDUSTRY
According to Sec 2 (j) of the Industrial Disputes Act has defined the term "industry" means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not, (i) Any capital has been invested for the purpose of carrying on such activity; or (ii) Such activity is carried on with a motive to make any gain or profit, and includes (a) Any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1949) (b) Any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include y any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. hospitals or dispensaries; or educational, scientific, research or training institutions; or institutions owned or managed by organizations wholly or substantially engaged in any charitable, social or philanthropic service; or khadi or village industries; or any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or any domestic service; or any activity, being a profession practised by an individual or body of individuals, if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten; or any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals in relation to such activity is less than ten;

y y y

y y

y y

INDUSTRY 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 and conditions of employment or with the conditions of labour, of any person. [section 2(k)]. - - Section 2A provides that dismissal, discharge, retrenchment of even a single workman will be industrial dispute even if no other workman or any union is a party to the dispute. An industrial dispute may be defined as a conflict or difference of opinion between management and workers on the terms of employment. It is a disagreement between an employer and employees' representative; usually a trade union, over pay and other working conditions and can result in industrial actions. When an industrial dispute occurs, both the parties, that is the management and the workmen, try to pressurize each other. The management may resort to lockouts while the workers may resort to strikes, picketing or gheraos. This definition includes all the aspects of a dispute. It, not only includes the disagreement between employees and employers, but also emphasizes the difference of opinion between worker and worker. The disputes generally arise on account of poor wage structure or poor working conditions. This disagreement or difference could be on any matter concerning the workers individually or collectively. It must be connected with employment or non-employment or with the conditions of labor. From the point of view of the employer, an industrial dispute resulting in stoppage of work means a stoppage of production. This results in increase in the average cost of production since fixed expenses continue to be incurred. It also leads to a fall in sales and the rate of turnover, leading to a fall in profits. The employer may also be liable to compensate his customers with whom he may have contracted for regular supply.Loss due to destruction of property, personal injury and physical intimidation or inconvenience also arises. For the employee, an industrial dispute entails loss of income. The regular income by way of wages and allowance ceases, and great hardship may be caused to the worker and his family. Employees also suffer from personal injury if they indulge into strikes n picketing; and the psychological and physical consequences of forced idleness. The threat of loss of employment in case of failure to settle the dispute advantageously, or the threat of reprisal action by employers also exists. Example:In Bangalore water supply v/s rajappa case, dominant nature test was devised. where a complex of activities, some of which qualify for exemption, other not, involve employees on the total undertaking, some of whom are not workman or some department are not productive of goods and service if isolated, even then, the predominant nature of the service and the integrated nature of the department will be true test, the whole undertaking will be industry although those who are not workmen by definition may not benefit by status.

WORKMEN As per Section 2(s) of ID Act,1947 workman means any person (including an apprentice) employed in any industry to do any manual ,unskilled ,skilled ,technical ,operational ,clerical or supervisory work for hire or reward ,whether the terms of employment be express or implied ,and for the purposes of any proceeding under this Act in relation to an industrial dispute ,includes any such person who has been dismissed ,discharged or retrenched in connection with ,or as a consequence of ,that dispute ,or whose dismissal ,discharge or retrenchment has led to that dispute ,but does not include any such personwho is subject to the Air Force Act,1950 (45 of 1950),or the Army Act,1950(46 of 1950), or the Navy Act,1957(62 of 1957); or ii) who is employed in the police service or as an officer or other employee of a prison; or iii) who is employed mainly in a managerial or administrative capacity; or who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises ,either by the nature of the duties attached to the office or by reason of the powers vested in him ,functions mainly of a managerial nature. The definition of workman in S2(s) of the Industrial Disputes Act, in connection with persons employed in an industry falls in 3 parts: I) Gives statutory meaning of workman. This part of the definition determines a workman by reference to a person (including apprentice) employed in an industry to do any manual unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward. II) By this part of the definition, person who have been (i) dismissed, discharged\or retrenched in connection with industrial disputes; or (ii) whose dismissal, discharge or retrenchment has led to an industrial dispute have been included in the definition of workman. III) This part specifically excludes categories of persons specified in clauses (i) to (iv) of Sec2(s)of the Industrial Disputes Act. The first part brings in the concept of contract of employment between employer and employee. Unless there is a relationship of employer and employee, the definition of workman will not come into play. Moreover, every person employed in an industry irrespective of whether he is temporary, permanent or probationer- would be a workman. What is important to be noted is that to bring a person under the definition of workman it must be proved that he is employed in an industry as defined in Sec 2(j). i)

ExampleIn shanker baluji waji v/s state of Maharashtra, it was held that the provision of section 80 which states wages during leave period cannot apply to a person who comes to work at his sweet will in the factory and such person will therefore, not fall within the definition of worker. Note:-a person, in order to be worker within the meaning of this section should satisfy three conditions: y y y employer employee the contract of employment