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Industry and Industrial Dispute

The document discusses the definition of industry and industrial disputes under the Industrial Disputes Act, 1947 of India. It provides the definition of industry according to the Act and key judgments. It also defines industrial dispute and discusses the research methodology, sources of data, limitations and chapter outline for the project on industry and industrial disputes.

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Abhigyat Chaitanya
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53 views

Industry and Industrial Dispute

The document discusses the definition of industry and industrial disputes under the Industrial Disputes Act, 1947 of India. It provides the definition of industry according to the Act and key judgments. It also defines industrial dispute and discusses the research methodology, sources of data, limitations and chapter outline for the project on industry and industrial disputes.

Uploaded by

Abhigyat Chaitanya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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“Industry and Industrial Dispute”

PROJECT BY:
NAME: ABHIGYAT CHAITANYA
COURSE: B.B.A. LL. B (Hons.)
ROLL NO: 1802
SEMESTER: 4

SUBMITTED TO:
Ms. Pallavi Shankar

A ROUGH DRAFT SUBMITTED FOR THE PARTIAL FULFILMENT OF THE COURSE


LABOUR LAW-I FOR THE DEGREE OF B.B.A. LL. B

February, 2019

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,


MITHAPUR, PATNA - 800001

Page | 1
INTRODUCTION

Sec.2 (j) of the Industrial Disputes Act, 1947 defines ‘industry’ as any business, trade,
undertaking, manufacture, or calling of employers and includes any calling, service,
employment, handicraft or industrial occupation or avocation of workmen”.
An industry exists only when there is relationship between employers and employees, the
former is engaged in business, trade, undertaking, manufacture or calling of employers and
the latter is engaged in the calling, service, employment, handicraft or industrial occupation
and avocation.
Sec. 2(j) gives the definition of industry, which was elaborated upon by the Supreme Court in
the Bangalore Water Supply and Sewerage Board v. R. Rajappa[i]. The term industry has
been given a wide scope and the judgment overruled several earlier decisions. The court held-
1. Any activity will be industry if it fulfills the ‘triple test’, as under:
· Systematic and organized activity

· With the cooperation between Employers and employees

· For the production and distribution of good and services whether or not capital has
been invested for this activity.

2. It is immaterial whether or not there is profit motive or whether or not there is capital.
3. If the organization is a trade or business it does not cease to be one because of philanthropy
animating the triple test, cannot be exempted from scope of definition of industry.
4. Dominant nature test – whether there is complex of activities, the test would be
predominant nature of services and integrated nature of departments. All departments
integrated with industry will also be industry.
5. The exceptions to industry are-
Casual activities (because they are not systematic).
Small clubs, co – operatives, research labs, gurukuls which have an essentially non employee
character.
Single door lawyer taking help from clerk (because there is no organized labour).
Selfless charitable activities carried on through volunteers e.g. free legal or medical service.
Sovereign functions – strictly understood, i.e., maintenance of law and order, legislative
functions and judicial function.

Page | 2
In common parlance, dispute means difference or disagreement of strife over some issues be-
tween the parties. As regards industrial dispute, since its settlement proceeds as per the legal
provisions contained in the ‘Industrial Disputes’ Act, 1947, hence it seems pertinent to study
the concept of industrial disputes from a legalistic angle.

According to Section 2 (k) of the Industrial Disputes Act, 1947, the term ‘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 and conditions of employment of any
person”.
The above definition is too broad and includes differences even between groups of workmen
and employers engaged in an industry. However, in practice, industrial disputes mainly relate
to the difference between the workmen and the employers.
Dispute differs from discipline and grievance. While discipline and grievance focus on
individuals, dispute focuses on collectivity of individuals. In other words, the test of
industrial dispute is that the interest of all or majority of workmen is involved in it.

AIMS AND OBJECTIVES


The researcher tends to bring to light, using research and reports to analyse the “Industry and
Industrial Dispute”.

RESEARCH METHODOLOGY
The researcher will be relying on Doctrinal method of research to complete the project.

HYPOTHESIS
1. The researcher tends to hypothesise that the Industrial Dispute Act has effectively and
efficiently worked and has successfully provided redressal to industry and industrial
disputes.

SOURCES OF DATA
The researcher will be relying on both primary and secondary sources to complete the
project.

1. Primary Sources: Acts

2. Secondary Sources: Books, newspapers, journals, cases and websites.

Page | 3
LIMITATION
· There is a time limitation for the researcher to finish the research.

· The researcher is limited to his own self for the research.

MODE OF CITATION

The researcher has used blue book mode of citation for the purpose of citation in his research.

TENTATIVE CHAPTERIZATION

1. Introduction

2. Nature and Scope of Industry

3. Forms of Industrial Disputes

4. Types of Industrial Disputes

5. Landmark Case laws

6. Conclusion and Suggestions

7. Bibliography

Page | 4

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