Section 2A - Dismissal, etc., of an individual workman to be deemed to be an industrial dispute : Industrial Disputes Act 1947

Is Dismissal, etc., of an individual workman to be deemed to be an industrial dispute? Section 2A of Industrial Disputes Act 1947

Section 2A of Industrial Disputes Act 1947 : "Dismissal, etc., of an individual workman to be deemed to be an industrial dispute"

2A. (1) Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.

(2) Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (1) may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.

(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).

STATE AMENDMENTS
ANDHRA PRADESH
Section 2A shall be numbered as sub-section (1) thereof and after the sub-section, as so renumbered, the following sub-section (2) shall be inserted :-

(2) Notwithstanding anything in section 10, any such workman as is specified in sub-section (1) may, make an application in the prescribed manner direct to the Labour Court for adjudication of the dispute referred to therein; and on receipt of such application the Labour Court shall have jurisdiction to adjudicate upon any matter in the dispute, as if it were a dispute referred to or pending before it, in accordance with the provisions of this Act; and accordingly all the provisions of this Act, shall apply in relation to such dispute as they apply in relation to any other industrial dispute. - Andhra Pradesh Act No. 32 of 1987.

TAMIL NADU
Section 2A shall be re-numbered as sub-section (1) of that section and after the said sub-section (7) as so re-numbered, the following sub-section shall be added, namely:-

(2) Where no settlement is arrived at in the course of any conciliation proceeding taken under this Act in regard to an industrial dispute referred to in sub-section (1), the aggrieved individual workman may apply, in the prescribed manner, to the Labour Court for adjudication of such dispute and the Labour Court shall proceed to adjudicate such dispute, as if such dispute has been referred to it for adjudication and accordingly all the provisions of this Act relating to adjudication of industrial disputes by the Labour Court shall apply to such adjudication." - Tamil Nadu Act No. 5 of 1988.

WEST BENGAL
In section 2A:
(a) after the words "dismisses, retrenches", the words "refuses employment" shall be inserted;

(b ) after the words "dismissal retrenchment", the words "refusal of employment" shall be inserted - West Bengal Act No. 33 of 1989.