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Question
This question consists of principle and fact. The principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering the question, you must not rely on any principle except the principle that is given herein below for the question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in study of law, research aptitude, and problem-solving ability.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: According to Sec. 2 of the Industrial Disputes Act, 1947, '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 or with the conditions of labour of any person'.
Facts: The employees of DK Enterprises met the management and requested half a day leave to allow them to celebrate a lunar eclipse, which was going to happen two days later. The management refused the request. Does this situation amount to an 'industrial dispute'?
Options
As the difference of opinion between the employees and employer is on the declaration of holiday it amounts to an issue connected with the employment or with the terms of employment and hence, an industrial dispute.
No, as Lunar eclipse is unconnected with employment.
Yes, because there is some difference of opinion it would be an industrial dispute.
No as declaring holidays is a prerogative of the employer. So no industrial dispute.
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Solution
As the difference of opinion between the employees and employer is on the declaration of holiday it amounts to an issue connected with the employment or with the terms of employment and hence, an industrial dispute.
Explanation:
As the difference of opinion between the employees and employer is on the declaration of holidays it amounts to an issue connected with the employment or with the terms of employment and hence, an industrial dispute. According to the principle given stating Section 2 of the Industrial Disputes Act 1947, if the nature of a dispute which arises between employers and employers or employers and workmen and workmen or between workmen and employers is related to employment or non-employments or terms of employment or labour conditions of any person will be considered as an Industrial Dispute. According to the facts given, the dispute between the employees and employer was related to the declaration of a holiday which is an issue related to the employment of employees or terms of employment and thus that is the nature of the dispute. (M.M. Wadia Charitable Hospital vs Dr. Umakant Ramchandra Warerkar 1997 (75) FLR 814, (1997) IILLJ 549 Bom)
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