meenu007
Is the dispute between the members of the trade union regarding the election to an office-bearer position an industrial dispute or a dispute to be resolved by civil courts??
From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Meenu007
Hr/admin

saswatabanerjee
2357

It will not be an industrial dispute as the establishment / industry has no role to play in formation or running of the trade union. The matter will be resolved by a court or may be the labour commissioner will intervene in interest of Industrial peace
From India, Mumbai
umakanthan53
5959

Dear Meenu,

Our learned friend Saswat has given a correct answer to your query but a little bit briefly. Hence I feel that for the sake of better understanding it needs to be elaborated with reference to the definition of the term " industrial dispute " as defined u/s 2(k) of the Industrial Disputes Act,1947.

If you critically analyse the term, you will find that it comprises of three parts.
The first part defines a dispute crisply as a difference.
The second part mentions the parties to the dispute; the dispute can be between workmen and employers or between workmen and workmen or between employers and employers.
The third part specifies the subject-matter of such a dispute between the parties thus mentioned. It can be connected with the employment or non-employment or the terms of employment or with the conditions of labor of any person. Here, the word " any person " refers to not all and sundry but only that person in whom the the parties have a community of interest.

Applying the above principles, we can conclude that even though the said trade union issue is a dispute between workmen and workmen, the subject-matter is totally different. Therefore, it is not an industrial dispute to be resolved under the provisions of the ID Act,1947 but only a civil dispute to be resolved by a Civil Court.

From India, Salem

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