Case Note & Summary
The case involved an appeal against an award of the Industrial Tribunal, Bombay, which rejected a dispute referred by the Government regarding the termination of an employee, Salivateeswaran, by 'The Hindu', Bombay. The Bombay Union of Journalists supported Salivateeswaran's claim for reinstatement after his employment was terminated when he proceeded to Europe. The Tribunal found that the dispute was merely an individual one, as it was not supported by a significant number of employees of 'The Hindu'. The court examined whether the support from the Bombay Union of Journalists could convert this individual dispute into an industrial dispute under the Industrial Disputes Act, 1947. The court concluded that the support from the union did not suffice to establish the necessary collective interest required to classify the dispute as industrial. The court also noted that the union's support was not from the employees of 'The Hindu', which further weakened the claim. The appeal was ultimately dismissed, affirming the Tribunal's decision that the dispute was individual and not industrial in nature, thus lacking jurisdiction for adjudication. The court ordered costs to be paid by the appellants.
Headnote
A) Industrial Law - Definition of Industrial Dispute - Individual Dispute vs. Industrial Dispute - The dispute raised by an individual workman cannot be treated as an industrial dispute unless supported by a union or a considerable number of workmen. - Industrial Disputes Act, 1947, Section 2(k) - The court held that the dispute remained an individual dispute as it was not supported by an appreciable number of employees of 'The Hindu', Bombay, thus the tribunal lacked jurisdiction to adjudicate it. (Paras 1-2).
Issue of Consideration
Whether the dispute raised by an individual workman can be converted into an industrial dispute under the Industrial Disputes Act, 1947.
Final Decision
The Supreme Court dismissed the appeal, affirming the Industrial Tribunal's finding that the dispute was an individual dispute and not an industrial dispute, thus lacking jurisdiction for adjudication. The court ordered costs to be paid by the appellants.
Law Points
- Industrial Disputes Act
- 1947
- individual dispute
- industrial dispute
- jurisdiction of tribunal
- support by union
