AIR 1952 TRAVANCORE-COCHIN 249

Travancore-cochin High Court

Hon'ble Judge(s): Subramania Iyer , J

Industrial Disputes Act (14 of 1947) , S.2(k), S.10(1)(c)— Industrial dispute, meaning of - Order of reference u/S.10 clearly showing nature of dispute to be individual - Order is ultra vires - Proceedings quashed - Appearance of employer before Tribunal - Effect. Constitution of India , Art.226— Civil P.C. (5 of 1908) , S.9— Though the term 'industrial dispute' as defined in S. 2 (k), Industrial Disputes Act is wide enough to include a dispute between the employer and one or a few only of the workmen, the definition has to be understood and interpreted with reference to the context. Regard being had to the scheme of the Act in the light of the indications afforded by the provisions contained in S. 18, it is clear that such a wide interpretation cannot be justified and that the true meaning of an industrial dispute is that it should be a collective dispute. A dispute pertaining to an individual workman may, if taken up by all the others or a sufficient number of them or by a labour union, becomes collective and therefore an industrial dispute. But a dispute which at the inception is an individual one and continues to be such cannot be regarded as an industrial dispute within the meaning of the Act justifying a reference for adjudication to a Tribunal.(Para 7) Hence, when the order of the Government under S. 10 of....