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2012 DIGILAW 236 (MAD)

K. Gunasekaran v. The Assistant Commissioner Of Labour

2012-01-12

K.CHANDRU

body2012
Judgment :- 1. The petitioner is a workman employed by the 2nd respondent. The petitioner along with the Deputy Secretary of the trade union sent a representation under Section 2(k) of the Industrial Disputes Act before the Labour Officer at Chennai 108. The dispute was with reference to the minor penalty, namely postponement of two years increment imposed on the petitioner, vide order dated 17.1.1996. 2. On notice from the Conciliation Officer, the 2nd respondent State owned Transport Corporation filed Objection statement dated 19.12.2011 objecting to the maintainability of such a dispute. Apart from the merits of the case, the Corporation held that the dispute was not maintainable. It was thereafter, when the Conciliation Officer wanted to know whether there was any espousal by other workers in supporting the case of the petitioner so as to convert the dispute of an individual dispute into collective dispute under Section 2(k) of the Act, he wanted the documents relating to the trade union regarding membership, minutes book and the resolution in support of the petitioner as well as the subscription vouchers showing the total membership. 3. The petitioner gave a letter dated 19.12.2011 stating that the President and Secretary of the trade union refused to give those documents and also informed that the union is defunct. It is on the basis of the stand of the workman, the Conciliation Officer held that if the case has to be treated as a collective dispute under Section 2(k) of the Act, then the Act requires substantial support of other workers and therefore he is unable to conciliate that the dispute raised by the worker against the minor penalty imposed is the dispute which comes under the meaning of Section 2(k) of the Industrial Disputes Act. He also stated that without the support of any trade union, he is willing to negotiate the same. Challenging the same, the Writ Petition came to be filed. 4. Heard Mr.D.Bharathy, learned counsel for the petitioner. 5. In this context, it has to be seen for the purpose of treating an individual dispute into collective dispute, it requires espousal of his case by the other workers and there must be a substantial consent of the workers supporting his case, without which individual dispute cannot be elevated to that of a collective dispute. 5. In this context, it has to be seen for the purpose of treating an individual dispute into collective dispute, it requires espousal of his case by the other workers and there must be a substantial consent of the workers supporting his case, without which individual dispute cannot be elevated to that of a collective dispute. Under Section 2(A)of the Industrial Disputes Act, 1947, a worker can raise a dispute only with reference to his dismissal, retrenchment or any other cases of termination. Since admittedly the present case is only against a minor penalty imposed, in order to convert such a dispute, the petitioner will have to show that he has the support of other workers. 6. In fact, until 1965 and before the introduction of Section 2-A of the Industrial Disputes Act by amending Act 35 of 1965 with effect from 1.12.1965, even case of termination will have to be sponsored by trade union or by other workers collectively with a view to obviate the difficulties faced by the individual workman facing dismissal at the hands of the management. The Parliament thought note of amending the provisions of the Industrial Disputes Act and introduced Section 2(A). But Section 2-A only relates to nonemployment and not any other dispute, such as minor penalty faced by the petitioner herein. 7. The Supreme Court vide its judgment in Bombay Union of Journalist vs. The Hindu reported in 1961 (2) LLJ 436 has held that an individual dispute may become an industrial dispute and it has to be established that it had been taken up by the Union of employees or by an appropriate number of employees of the establishment. 8. In the light of the same, the impugned communication does not suffer from any legal infirmities. Accordingly the writ petition stands dismissed. No costs.