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manish kanade   28 November 2021

Section 2a ida

I want to convert my application from section 2A ida to ULP my evidence is closed and it is for cross of respondent can I make application and under what section


 1 Replies

Megha   10 January 2022

Hi,

As per the definition provided in the Industrial Dispute Act, 1947 (IDA), an Industrial dipute refers to a dispute or difference between workmen and employers or between workmen, which may either be connected with employment or non-employment or the terms of employment or with the conditions of labour; whereas unfair labour practice refers to the practie referred to in Schedule V of the IDA which enumerate interference with, restrain from, or coercing, workmen in the exercise of their labour right.  

Taking note of this, the Hon'ble Supreme Court in the case of Hindustan Lever Ltd v Ashok Kate & Ors held as under

    "However, even the aforesaid amended provisions of the I.D. Act concerning unfair labour practice nowhere provide for any reference of industrial dispute in connection with such unfair labour practice on the part of the employers which can entitle the workmen or a body of workmen to seek a reference for adjudication or for its prevention by any competent court under the I.D. Act, and all that a workman can do is to wait till the order of discharge or dismissal is passed and then he can raise a dispute under Section 2(A) in connection with his dismissal or discharge and if such dispute is referred by the appropriate Government for adjudication of the Labour Court'

From the above, it can be inferred that to make an application under section 2(ra) for unfair labour practice, you will first have to wait for the case to be disposed under section 2A.

Best regards
Megha


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