Question

Under the Industrial disputes Act, if the employer terminates the services of an individual workman, any dispute /difference arising out of such termination shall be deemed to be':

• A. industrial dispute
• B. individual dispute
• C. both individual and industrial dispute
• D. none of these.

Hint:

Remember the significance of Section 2A of the Industrial Disputes Act. It is a crucial provision that empowers individual workmen to seek remedies for termination, greatly expanding the scope of the Act from purely collective disputes to individual grievances of this nature.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The Industrial Disputes Act, 1947, traditionally defined an "industrial dispute" as a dispute between employers and workmen, employers and employers, or workmen and workmen, connected with employment or conditions of labour. Initially, a dispute involving a single workman was not considered an industrial dispute unless espoused by a trade union or a number of workmen.
Step 2: Detailed Explanation:
This position was changed by the insertion of Section 2A into the Industrial Disputes Act, 1947, via an amendment in 1965.
Section 2A is a deeming provision. It states that where an employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment, or termination shall be deemed to be an industrial dispute.
This allows an individual workman to raise a dispute directly without it being sponsored or espoused by a trade union. Therefore, such a dispute is legally treated as an "industrial dispute".