Dismissal – Individual Workman

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Dismissal Etc. Of An Individual Workman To Be Deemed To Be An Industrial Dispute

According to Section 2A of the Act, dismissal etc. of an individual workman to be deemed to be an industrial dispute.

Thus, such discharge, dismissal, retrenchment or termination shall not deem to be an industrial dispute. If difference or dispute between the workman and his employer connected with or arising out of services. Also, where if any employer discharges, retrenches dismisses or otherwise terminates the services of an individual workman. Thus, notwithstanding that, neither other workman nor any union of workmen is a party to the dispute.

The ambit of Section 2A is not limited to bare discharge, dismissal, retrenchment or termination of service of an individual workman. But any dispute or difference between the workman and the employer connected. With or arising out of the discharge, dismissal, retrenchment or termination is to be deemed industrial dispute. It has to be considered whether the claim for gratuity is connected. With or arises out of discharge, dismissal, retrenchment or termination of service. A thing is said to arise out of another when there is a close nexus between the two and one thing flows out of another as a consequence. The workman had claimed gratuity and that right flowed out of the termination of the services. Whether he is entitled to gratuity is a matter for the Tribunal to decide. Therefore, it cannot be accepted that the claim of gratuity does not arise out of termination.

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