2007 LAB. I. C. 1134 ::(2007) 2 Cal HN 66 ::(2007) 2 Lab LN 846

Calcutta High Court

Hon'ble Judge(s): Debasish Kar Gupta , J

( A ) Industrial Disputes Act (14 of 1947) S. 2 (k), (s), (p) — Industrial dispute’ — A retired employee cannot be included in definition of workman — Can neither raise nor be a party to industrial dispute within purview of I.D. Act. AIR 1953 Cal 613, 1962 (1) Lab LJ 721, Foll. 1970 Lab IC 512 : AIR 1970 SC 426, (1993) Lab LJ 568, Disting.A retired employee cannot be included in the definition of workman for the purpose of Industrial Disputes Act 1947. The Industrial Dispute means and includes any dispute or difference between the employers and workmen. As such the workmen are entitled to be the parties to a bipartite settlement in between the employers and the workmen under the Industrial Disputes Act 1947 and it is also open for them to take up an issue of any person including the retired workmen. Because the payment of pension has a direct bearing on substantial interest of the workmen who will enjoy such pension after retirement. But no retired workman can be a party to any dispute or difference with their erstwhile employers. In the present case in bipartite settlements the workmen of respondent bank took up the issue of pension of the retired employees of the respondent bank because the interest of any person can be the subject matter of a settlement in between the employers and the workmen having a direct bearing on the substantial interest of the workmen. In said event the issue of pensionary benefit relates to the pe....