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Factum of “Industrial Dispute” under Section 2(K) of the Industrial Disputes Act, 1947 – An Analysis of the Judicial Response

By Ashwini Chawla

Published In

Lab IC 2005

Introduction State intervention in industrial disputes is warranted because such disputes have repercussions not only on the disputants, but also on the country’s socio-economic structure. This rationale is reflected in the Industrial Disputes Act, the object of which is to “make provision for the investigation and settlement of industrial disputes.” However, not all disputes are industrial disputes. For a dispute to successfully attract the operation of the conciliation/adjudicatory machinery established under this Act, it has to fall within the definition of “industrial dispute” as contained in Section 2(k)1. The ordinary reader shall understand industrial disputes as a dispute of such nature so as to affect large groups of workmen and employers ranged on opposite sides on some general questions such as wages, allowances, etc2. The statutory definition of &ld ....

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