An industrial dispute is defined under Section 2(k) of the Industrial Disputes Act, 1947 (IDA) as 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.
Some examples of industrial disputes include:
A strike by workers demanding higher wages.
A lockout by employers to protest against a trade union demand.
A dispute between workers and management over the interpretation of a collective bargaining
agreement.
A dispute between workers and management over the introduction of new technology.
The IDA provides a number of mechanisms for the settlement of industrial disputes, including:
Conciliation: This is a process whereby a neutral third party, called a conciliator, tries to bring the
parties to an agreement.
Arbitration: This is a process whereby the parties agree to submit their dispute to an arbitrator, who
will make a binding decision.
Adjudication: This is a process whereby a government-appointed tribunal hears the dispute and
makes a binding decision.
The IDA also provides for a number of other provisions, such as:
The establishment of Works Committees in industrial establishments.
The prohibition of strikes and lockouts in certain circumstances.
The regulation of lay-offs and retrenchments.
The payment of compensation to workmen who are injured or killed in an industrial accident.
Here are some relevant case laws on industrial disputes:
Vinod Kumar v. Union of India (1986): This case held that a strike by government employees is illegal
unless it is in pursuance of a demand which is not opposed to public interest.
Bangalore Water Supply and Sewerage Board v. A. Rajappa (1978): This case held that a lockout by
an employer is illegal if it is motivated by mala fide intention or is intended to coerce the workmen
to accept terms which are not fair and reasonable.
National Union of Commercial Employees v. Workmen of Indian Airlines (1964): This case held that a
strike is justified if it is called in response to an unfair labour practice committed by the employer.
Rani Sijam Bai v. State of Mysore (1963): This case held that a strike by government employees is
illegal even if it is called in response to an unfair labour practice committed by the employer.
Workmen of Hindustan Motors Ltd. v. Management of Hindustan Motors Ltd. (1958): This case held
that a lockout is justified if it is called in response to a strike by the workmen which is illegal.