University XYZ is a newly form State University in Jaipur, Rajasthan in 2007. University is providing variety of professional courses like MBA, MBBS, LLB, B.Tech., MCA, B.Ed. etc. The university is situated at the outski

CS Professional · Labour Laws & Practice · PYQS · June 2019
University XYZ is a newly form State University in Jaipur, Rajasthan in 2007. University is providing variety of professional courses like MBA, MBBS, LLB, B.Tech., MCA, B.Ed. etc. The university is situated at the outskirts of city Jaipur, around 20 km from main bus-stand north-east direction. University provides residential facilities to students as well as academic and non-academic staff. For day scholar, it provides the community transport facility from University to Central Park, Jaipur. The University has been ranked as the 7th upcoming University in higher education. Government of Rajasthan has invested around ₹500 crore for its development. University has around 200 teaching staff in various departments and 250 non-teaching staff including bus driver, library staff, administrative staff. Teachers have formed association named 'XUTA' (XYZ University Teachers Association) and non-academic staff has formed 'XUTU' (XYZ University Trade Union). Apart from specific complain, both groups have some general grounds of complain of the following nature : University has not implemented 7th pay commission salary structure. Working conditions are harsh and not as per UGC guidelines. University not providing pension scheme of any nature. Infrastructure conditions of building and buses are pathetic. As per the guidelines of XYZ University, seats in the University for Rajasthan domicile is 85% reserved and 15% of seat are reserved for students from outside state. Around 300 students stay in the hostel of University and 450 students are day scholars. Students have their Union named as 'SXUA' (Student of XYZ University Association). Students have certain regular complains to the University about poor infrastructure, poor conditions of buses/transport facility, lack of basic amenities, lock of good canteen and playing grounds. University has not responded to any complain of teaching staff, non-teaching staff and student's union positively. It has not deliberated on the issue at any forum showing their non-sensitiveness to the complaints. On 15 January 2015, while commuting from Jaipur to University in early hours, the University bus met with an accident. Driver of the bus along with 2 students suffered injury. Ramlal, the driver due to accident lost his left eye and broken left hand. Students with minor injuries are safe. Instead of making proper inquiry to the issue, the university administration issued a show cause notice of termination to Ramlal, saying that he was driving bus in inebirated conditions and therefore, he alone is responsible for the accident. Ramlal is not the member of the "XYZ University Staff Union" on the day of accident and notice. His reply to the notice of termination was not taken into consideration on this ground. Realizing the injustice to Ramlal, the XUSU, XUTA and SXUA joined together and gheraoed the administrative head of University for 2 hours on 30 January, 2015. After the intervention of enforcement agency the matter was sorted out on that day. However, these three groups continued with strike in the University. On the basis of above facts, please advise on the following issues : Whether the above mentioned dispute is an 'industrial dispute'?

Answer & Explanation:

Section 2(k) of the Industrial Disputes Act, 1947 defines "industrial dispute" as any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person. The dispute should relate to an industry as defined in Section 2(j) of the Industrial Dispute Act, 1947. Therefore, going by the definition of "industrial dispute" as stated above, following may be concluded about the dispute of University XYZ:- Existence of dispute or difference: Both academic and non-academic staff have common complaints apart from specific complaints like non-implementation of 7th Pay Commission Recommendations, harsh working conditions, University XYZ not providing pension scheme, pathetic conditions of infrastructure and buses etc., students have regular complaints of poor hostel facility, lack of basic amenities, good canteen and playground etc. Despite continuous complaints, there was no response from the side of University XYZ. Irresponsible behavior of University XYZ in terminating the driver Ramlal without conducting any inquiry, show cause notice and without any response towards his reply to termination letter further aggravated the situation. The continuous non-sensitive behavior of University XYZ towards complaints of academic staff, non-academic staff and students have caused them to join hands and go on strike on termination of Ramlal. Therefore, first requirement of existence of dispute is satisfied here. Parties to the dispute: University XYZ is employer of academic and non-academic staff. The disputes can be raised by workmen themselves or their union or federation on their behalf. Ramlal is a non-academic workman of University XYZ and there is no requirement that he should be a member of trade union of non-academic staff on the date of dispute. Therefore, the second requirement of between whom dispute should arose is also satisfied. Subject matter of the dispute: The dispute should relate to employment or non-employment or terms of employment or conditions of labour of any person. As dispute relates to dismissal of Ramlal an employee, therefore, the third requirement is also satisfied. Dispute in an Industry: University XYZ is an "Industry" as clarified in answer 1(b). As all the requirements of definitions of section 2(k) of the Industrial Disputes Act, 1947 are satisfied, therefore, there exists "industrial dispute" in the present case.

Topics: Industrial Disputes Act, 1947

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