AIR 1958 SUPREME COURT 353 ::1958 (1) LabLJ 500 ::1958-59 14 FJR 41 ::1958 SCJ 637 ::1958 SCR 1156

Supreme Court Of India

4th February, 1958.

Hon'ble Judge(s): S. R. Das, S. K. Das, Ajit Kumar Sarkar , JJJ

(A) Industrial Disputes Act (14 of 1947) , S.2(k)— "Any person" - Scope of expression - whether includes person who is not workman. Tests laid down. ILR (1948) 2 Cal 209, and 1951-1 Lab LJ 145 (Cal ) and 1952 1 Lab LJ 122 (Mad), Overruled. Per S. R. Das C. J. and S. K. Das J. (A. K. Sarkar J. Contra). Having regard to the scheme and objects of the Act and its other provisions, the expression "any person" in S. 2(k) of the Act must be read subject to such limitations and qualifications as arise from the context; the two crucial limitations are (1) the dispute must be a real dispute between the parties to the dispute (as indicated in the first two parts of the definition clause) so as to be capable of settlement or adjudication by one party to the dispute giving necessary relief to the other, and (2) the person regarding whom the dispute is raised must be one in whose employment, non-employment terms of employment, or conditions of labour (as the case may be) the parties to the dispute have a direct or substantial interest. In the absence of such interest the dispute cannot be said to be a real dispute between the parties. Where the workmen raise a dispute as against their employer, the person regarding whose employment, non-employment, terms of employment or conditions of labour the dispute is raised need not be, strictly speakin....