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Question

Given below are two statements:
Statement (I): Industrial Dispute means any dispute which is connected with the employment or non-employment or the terms of employment
Statement (II): An individual dispute between an employer and one of his workmen is by itself an Industrial Dispute
In the light of the above statements, choose the most appropriate answer from the options given below:

The correct answer is
Statement I is true but Statement II is false

Industrial Dispute Analysis: Statement Evaluation

This question asks us to evaluate two statements concerning the definition and nature of an 'Industrial Dispute'. Let's break down each statement to determine its accuracy.

Statement I: Definition of Industrial Dispute

Statement I defines an Industrial Dispute as 'any dispute which is connected with the employment or non-employment or the terms of employment'.

  • Employment/Non-employment: This covers issues related to hiring new employees or the termination/layoff of existing employees.
  • Terms of Employment: This includes disagreements over wages, working hours, working conditions, leave policies, and other conditions related to the job.

This definition is widely accepted in labor law. It broadly captures the essence of conflicts that arise within the employer-employee relationship in an industrial context. Therefore, Statement I is considered true.

Statement II: Individual Dispute vs. Industrial Dispute

Statement II claims that 'An individual dispute between an employer and one of his workmen is by itself an Industrial Dispute'.

  • An individual dispute typically involves a single employee and their employer concerning a personal grievance or matter.
  • An industrial dispute, in contrast, generally implies a dispute that involves or affects a group or section of workmen, or concerns the relationship between employers and workmen collectively. It often has wider implications for the industry or a significant number of employees.

While an individual dispute might sometimes escalate or be taken up collectively, it is not automatically considered an industrial dispute solely based on its individual nature. The key distinction lies in the collective aspect or potential impact on a larger group of workers. Therefore, Statement II is considered false.

Conclusion

Based on the analysis:

  • Statement I accurately defines the scope of an industrial dispute.
  • Statement II incorrectly equates any individual dispute with an industrial dispute, overlooking the collective dimension typically required.

Thus, the correct assessment is that Statement I is true, and Statement II is false.

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Important Questions from Job Description & Job Specification - Teaching

  1. The functions and the role of __________ comprise prevention and settlement of industrial disputes in industries (in central sphere) as per the Industrial Disputes Act, 1947
  2. Match List I with List II
    List-1
    Offences
    List -II
    Penalties
    (a) An employer who lays off or retrenches workmen without prior permission from the statutory authorities(I) Imprisonment up to 1 year or fine up to Rs. 5,000 or both in case of continuing of fence, a further fine of up to Rs. 2000 per day
    (b) Non-compliance of an order to re-open a closed undertaking(ii) Imprisonment up to 1 month or fine up to Rs. 1000 or both
    (c) Any person committing unfair labour practice(iii) Imprisonment up to 1 month or fine up to Rs. 50 or both
    (d) Any workman participating in or acting in furtherance of an Illegal strike(iv) Imprisonment up to 6 months or fine up to Rs. 1000 or both

    Choose the correct answer from the options given below:
  3. Given below are two statements :
    Statement (I): Every Industrial Establishment employing 15 workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances
    Statement(II): The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen
    In the light of the above statements, choose the most appropriate answer from the options given below :
  4. Given below are two statements :
    Statement (I): The act of misconduct on the basis of which punishment is given must be one enumerated in the standing orders
    Statement(II):Punishment for an act which is mentioned in the standing orders is illegal
    In the light of the above statements, choose the most appropriate answer from the options given below :
  5. Given below are two statements :
    Statement (I): Only a 'retrenched' workman can claim benefit under section 25-H
    Statement(II): A dismissed, discharged or a superannuated workman can claim for preferential re-employment
    In the light of the above statements, choose the most appropriate answer from the options given below :
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