7 Things That Makes A Dispute An "Industrial Dispute" Under Industrial Dispute Act, 1947
“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 of employment or with the conditions of labour, of any person
7 Things That Make A Dispute An Industrial Dispute:
There must be a DISPUTE OR DIFFERENCE
The Dispute or Difference must be Real or Substantial
The Dispute or Difference must be BETWEEN EMPLOYER AND WORKMEN
The Dispute or Difference must be Connected with the EMPLOYMENT OR NON EMPLOYMENT OR TERMS OF EMPLOYMENT OR WITH THE CONDITIONS OF LABOR OF ANY PERSON
As held in D.N.BANERJEE v P.R.MUKHERJEE the word INDUSTRY in Industrial Dispute is to be read in context of the Industrial Dispute Act. I have Explained Industry in another post. please check it.
As held in EXPRESS NEWSPAPER PVT LTD v FIRST LABOUR COURT the real test is WHETHER A LARGE NUMBER OF WORKMEN ARE ENGAGED IN DISPUTE OR A TRADE UNION HAS TAKEN UP THIS ISSUE.
As held in MOITOR & MACHIMERY MFR LTD if the MATTER OF DISPUTE HAS NOTHING TO DO WITH THE INDUSTRY INVOLVED THEN THERE IS NO INDUSTRIAL DISPUTE.
