Dear Seniors,
I need a clarification for about Sec 2A of ID Act 1947.
Where an individual can rise ID without support of Union or Body of persons?
What is the meaning of Substantial number of fellow workers in this? any minimum number or % of total workmen in the Industry / Union for calculating the substantial workmen count?
Rgds,
Sakthi Suku
From India, Kolkata
2I need a clarification for about Sec 2A of ID Act 1947.
Where an individual can rise ID without support of Union or Body of persons?
What is the meaning of Substantial number of fellow workers in this? any minimum number or % of total workmen in the Industry / Union for calculating the substantial workmen count?
Rgds,
Sakthi Suku
From India, Kolkata
Industrial Dispute-Sec. 2 (k)
Industrial Dispute is “any dispute of 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.”
Industrial dispute as defined under Sec. 2(k) exists between-
Parties to the dispute who may be
Employers and workmen
Employers and Employers
Workmen and workmen
Section 2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute
Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.
Also Section 2A does not declare all individual disputes to be industrial disputes. It is only when a dispute is connected with a discharged, dismissed retrenched or terminated workman that it shall be treated as an industrial dispute.
From India, Pune
Industrial Dispute is “any dispute of 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.”
Industrial dispute as defined under Sec. 2(k) exists between-
Parties to the dispute who may be
Employers and workmen
Employers and Employers
Workmen and workmen
Section 2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute
Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.
Also Section 2A does not declare all individual disputes to be industrial disputes. It is only when a dispute is connected with a discharged, dismissed retrenched or terminated workman that it shall be treated as an industrial dispute.
From India, Pune
As per Section 2A a terminated workman can raise industrial dispute regarding termination of his service in any manner without any other workman being involved in it. But if the worker wants a dispute with regard to pay revision or seniority or promotion prospects etc it has to be sponsored by other workmen too. An individual dispute, even though not sponsored by other workmen or espoused by the union, would by deemed to be an industrial dispute if it covers any of the matters mentioned in Section 2-A (i.e., discharge, dismissal, retrenchment or otherwise terminates the services of an individual workman).
As I apprehend, the dispute is not covered under Section 2A, but essentially is limited to a few individuals and is without support of unions. So in this case what number of workmen are required to espouse the case of an individual workman in order to convert an individual dispute into an industrial dispute is not clear from the available judicial verdicts. Courts have, often, used phrases like “a substantial number of workmen”, “appreciable number of workmen ” etc., which give rise to a lot of uncertainty. Because, to decide what number could be substantial etc., one has to necessarily go by the facts and circumstances of each case which, in all probabilities, would not be the same.
For a detailed discussion on the subject pl refer to the attachment :
From India, Mumbai
As I apprehend, the dispute is not covered under Section 2A, but essentially is limited to a few individuals and is without support of unions. So in this case what number of workmen are required to espouse the case of an individual workman in order to convert an individual dispute into an industrial dispute is not clear from the available judicial verdicts. Courts have, often, used phrases like “a substantial number of workmen”, “appreciable number of workmen ” etc., which give rise to a lot of uncertainty. Because, to decide what number could be substantial etc., one has to necessarily go by the facts and circumstances of each case which, in all probabilities, would not be the same.
For a detailed discussion on the subject pl refer to the attachment :
From India, Mumbai
Dear Mr. Sakti, You may please refer to the ID Act 2010 Amendment. Kritarth Consulting Pvt Ltd Bengaluru 8.4.18
From India, Delhi
From India, Delhi
Wher is the confusion?
An individual workman can raise dispute for his alleged discharges, dismiss, retrenchment, or otherwise termination of the services which is laid down under section 2A of ID Act. When a dispute arises then the same is considered as Industrial dispute.
From India, Mumbai
An individual workman can raise dispute for his alleged discharges, dismiss, retrenchment, or otherwise termination of the services which is laid down under section 2A of ID Act. When a dispute arises then the same is considered as Industrial dispute.
From India, Mumbai
Yes the Amendment in ID Act provides for raising individual disputes.But Conciliation is the first step.
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