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- The respondent is a firm which carries on business as perfumers and tobacconists in Chandni Chowk, Delhi. Out of 45 employees of the respondent, 18 had become members of a general registered Trade Union. Later, these 18 employees were dismissed by an order passed on the same day. The Union took up the cause and ultimately the dispute was referred to the Tribunal, where the respondent raised the preliminary objection that the reference was invalid inasmuch is the dispute referred to the Tribunal was not an industrial dispute but was merely an individual dispute.
- The basis was this argument was that besides these dismissed employees, no other employees of the respondent was a member of the Union, and so the Union could not raise the dispute. Only the Union of the majority of the workers of the employer could raise this dispute.
- The Tribunal agreed with this argument and held that this was not an industrial dispute it could take up.
- The court held that a union of workmen may validly raise a dispute as to dismissal even though it may be a union of minority of the workmen employed in any establishment. Similarly if there is no union of workmen in any establishment, a group of employees can raise the dispute and the dispute then becomes an industrial dispute, though it may relate to the dismissal of an individual employee.
- The dismissed 18 workers themselves would form a group that is sufficient to raise such a dispute as an industrial dispute.
- The dispute should relate to employment or non-employment or terms of employment or conditions of labour of any person
- The “employment or non-employment” is concerned with the employer’s failure or refusal to employ a workman.
- The expression “terms of employment” refers to all terms and conditions stated in the contract of employment. It would also include those terms which are understood and applied by parties in practice without ever being incorporated in the Contract
- “condition of labour” is much wider in its scope and usually refers to the amenities to be provided to the workmen and the conditions under which they will be required to work. It will include safety, health and welfare of workers
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