Section 2 – Appropriate Govt. – w.r.t. to TU – objects not confined within one
state then Central Govt.
w.r.t. to TU – Objects confined within one state then State Govt.
FOCUS : ACTIVITIES & OBJECTS to determine jurisdiction.
Definition of Trade Dispute:
2(g) - means any dispute between employers and workmen or between
workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person, and "workmen" means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises.
Analysis of Definition:
Divided into three parts.
PART-I : DISPUTE – real disp. Capable of settlement – relief by one party to another. Substantial / bearing on relation. PART-II : PARTIES TO DISPUTE – 1. B/w. employers & Workmen or 2. b/w. workmen & workmen or 3. b/w. employers and employers.
PART-III : SUBJECT MATTER OF DISPUTE – Connected with-
1. Employment or Non Employment or 2. Terms of Employment or 3. Conditions of Labour of any person.
Any Person: not anyone in the world but
One whose services are dismissed, discharged or otherwise terminated.
Why “any person” not workmen because – workmen only one
who is in service, if dismissed he is not workmen.
Western India Automobile Assn. v. I.T. 1949 – FC – reinstatement is covered
within the meaning of non employment and is within the scope of this section. Definition of Trade Union: S.2(h)
2(h)- means any combination, whether temporary or permanent,
formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions: Provided that this Act shall not affect -
(i) any agreement between partners as to their own business;
(ii) any agreement between an employer and those employed
by him as to such employment; or
(iii) any agreement in consideration of the sale of the good-will
of a business or of instruction in any profession, trade or handicraft.
Analysis of Definition:
Can be divided further into parts
I. Combination – Temporary / Permanent. II. Objects of Combination – 1. Regulation of relations between Workmen and employers, Workmen and workmen, Employers and employers. 2. Imposing restrictive conditions on the conduct of any business or trade. - includes federation of two or more trade unions. * Act shall not affect – 1. Agg b/w. partners as to their bsiness. 2. Agg b/w. employer and those employed by him as to such employment. 3. Any agreement in consideration of the sale of goodwill or a business or of instruction in any profession, trade or handicraft.