Principle According to Sec 2 of the Industrial Disputes Act 1947 lsquo Industrial dispute means any ...........

Legal Concepts Legal Issues

Principle: According to Sec. 2 of the Industrial Disputes 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’.

Facts: The employees of DK Enterprises met the management and requested half a day leave to allow them to celebrate a lunar eclipse, which was going to happen two days later. The management refused the request. Does this situation amount to an ‘industrial dispute’?

Yes, because there is some difference of opinion it would be an industrial dispute.

No as declaring holidays is a prerogative of the employer. So no industrial dispute.

No as Lunar eclipse is unconnected with employment.

As the difference of opinion between the employees and employer is on declaration of holiday it amounts to an issue connected with employment or with the terms of employment and hence, an industrial dispute.

Explanation:

As the principle states that both employment and non employment and which in term relating with the labour that is why the decision affected the workers and brought conflict and led to industrial conflict. As the difference of opinion between the employees and employer is on declaration of holiday it amounts to an issue connected with employment or with the terms of employment and hence, an industrial dispute.