The service of one Dr.B who is not a workman has been terminated by the management of an industrial establishment.
The workers of that establishment demand his reinstatement can it become an industrial dispute?
3rd August 2018 From India, Chennai
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." The term workmen depends on the nature of job performed by the employee. If the conciliation officer takes this as a valid demand for discussion / conciliation you may submit your counter demand saying that the Dr.B is not workmen as per Industrial Disputes Act. This has to be dealt at the site level by an Industrial Relations consultant.
3rd August 2018 From India, Madras
Dear Veera,
Whether the said Dr.B is a medical doctor or some one else with a doctorate is not discernible from your post. However, your categorical mention that he was not employed as a workman has to be given proper weight while finding an answer to your ultimate query. My response is in continuation of what our learned member Babu Alexander has correctly stated. It was already settled by the hon'ble Supreme Court of India in the case between the Workmen of Dimakuchi Tea Estate and the Management of Dimakuchi Tea Estate (1958 AIR 353) that the espousal of the employment or non-employment of a person who is not a workman by the workmen employed in the same industry can not be an industrial dispute u/s 2k of the Industrial Disputes Act,1947.
3rd August 2018 From India, Salem
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