Chapter: 1.2 Individual and Industrial Disputes

• Individual and Industrial Disputes

Where any employer discharges, dismisses, retrenches or otherwise terminates the service of an individual workman, any dispute or difference between the workman and his employer connected with or arising out of such discharge, dismissal, retrenchment or termination is an industrial dispute.

1. The workman under I.D. Act, of 1947 is any person Including an apprenticed employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward
2. If the workman is employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mention or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. (section 2/5).

The definition of the term 'workman' also mentions further exceptions, such as the policeman who is not a workman...........................etc.

• Strikes and Lock-Outs

The chapter V of the Act speaks about the strikes and Lock-outs. The provisions are in respect of the strikes in public utility service and strikes in industrial establishments.

• Strikes

Strikes mean a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment Section 2/(g))

• Lock-Out

Lock-out means, the closing of a place of employment, or the suspension of work or the refusal by an employer to continue to employ any number of persons employed by him.(2/L)

The provisions of the Act, relating to strikes and Lock-Outs are almost the same. The circumstances, which make a strike illegal, make a lock-out illegal.