Category Archives: Industrial Dispute

Industrial Dispute – Jurisdiction

In Nand Ram v. Garware Polyster Ltd., (2016) 149 FLR 306, it was held that where the management at Aurangabad first took a decision to transfer the workman from Aurangabad to Pondicherry and then to close the unit at Pondicherry. It was then held that while industrial dispute of termination from service could validly be raised at Pondicherry, however, in such a case, it does not mean that the adjudication proceedings initiated at Aurangabad, where the management took a decision to close the Pondicherry unit, were without jurisdiction.
In matters of industrial dispute, the principle of part cause of action does apply and there is no rule, that only if the two or more States will be competent to make a reference. It will depend on the facts of each case. Also, it may have to be borne in mind, how much or which part of the cause of action arose inside the State where a reference happens to be made. Also, in case of two references arising in two different States, involving the same set of facts or cause of action, different tests may have to be evolved to see which of the two references arose first or which of the reference is more comprehensive or which may require to be decided first or which would suite the parties. Veritaz Health Care Ltd. v. State of U.P.¸ 2017 (3) AWC 3051.

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Industrial Dispute – Words “at any time”

The real test is that the words “any industrial dispute exists or is apprehended” has to be read alongwith the words “at any time”. These words, under Section 4K of the U.P. Industrial Disputes Act are complimentary to each other. Consequently, the words “at any time” does not suggest that a dispute could be raised at any stage and that there is no period of limitation attached to it. All it means that so long as an industrial dispute exists or is apprehended, such dispute could be referred for adjudication before an appropriate Labour Court or Industrial Tribunal upon a reference being made by the State Government.
The crucial test is that an industrial dispute should be in existence or is apprehended on the date of reference. If there was no industrial dispute existing or if the industrial dispute was not apprehended, the State Government had no power to make a reference but if the dispute was existing or was apprehended, the State Government could refer the dispute even if the dispute was raised after a considerable period of time.
Further the reference of such dispute is to be made on such opinion being formed by the Government on the basis of the material placed before it. In appropriate cases, even without waiting for the conciliation report the State Government can “at any time” refer a dispute which is existing or is apprehended for adjudication. Dr. Jawahar Lal Rohatagi Memorial Eye Hospital, Kanpur v. State of U.P., (2014) 1 UPLBEC 158.

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Industrial Dispute-Settlement arrived outside the conciliation proceedings

A settlement arrived at outside the conciliation proceedings has a limited application in the sense that it merely joins the parties to the agreement, whereas a settlement arrived at in the course of the conciliation proceedings binds all the parties to the Industrial Dispute not only parties to the settlement, but All such persons employed in the establishment. Further a settlement arrived in the course of conciliation proceedings with the recognized majority union would be binding on all the workers of the establishment, even to a minority union, who may have objected to the same. Hawkins Cookers Mazdoor Union and others v. Conciliation Officer, 2013 (5) AWC 4841

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