... 3 elaborate his submission by contending sub-Section (3) of Section 2A of I.D. Act mandates that an workman can make an...-workman filed a claim petition -Annexure-O under Section 2A(2) of the I.D. Act for adjudicating the issue of termination of his services. Since there was delay in filing the claim petition, interlocutory... 9. Section 2A of the I.D. Act enables the individual workman to raise a dispute connected with or arising out of his discharge, dismissal, retrenchment...

...him and thereafter he was dismissed from service by a letter dated 29th December, 1971. An industrial dispute with respect to an individual workman referred to under S. 2A of the...that as the Respondent No. 3 was not a “workman concerned” in the dispute referred to the Industrial Tribunal under S. 2A of the Act, provisions of S. 33(2)(b) were not applicable and as such the...concern other workmen of the employer and as such termination of service of some other workman during the pendency of an adjudication proceeding of an industrial dispute as defined in S. 2A of the Act did...

.... 2. According to the respondent, the petitioner had approached the Labour Court only under Section 2A(2) of the Act, which gives a right to the workman to approach the Labour Court directly...initiation of the proceedings by the workman under Section 2A(2) of the Act was not proper, as the cause of action for the proceedings had arisen only in 1986 when there was no such right available to the...of Sub Section (2) of Section 2A, the remedy under Section 2 would not be available to the workman, and the Labour Court was right in interpreting the Section as it did...

...validity of S. 2A(2) of the Industrial Disputes Act, 1947.2. The facts in brief are that the third respondent is a workman in the petitioner-company. A chargesheet was issued to him on...Labour Court Normally, the dispute regarding an individual workman is not treated as an industrial dispute unless the union to which he or a group of workmen belongs sponsors it. Therefore, S. 2A was...State of Andhra Pradesh enabling the individual workman to directly approach the Labour Court for adjudication of the industrial dispute referred to in S. 2A of the Act. Therefore, though it is an...

...further, in terms of Section 2A of the Industrial Disputes Act 1947, a workman can approach the CGIT if the employer discharges, dismisses, retrenches or otherwise terminates...the services of an individual workman.5. In view of Section 2A of the Act, the writ-petitioner could not claim any direction for absorption from the CGIT in his individual capapcity. If...liberty to raise an industrial dispute in terms of the provisions of the Industrial Disputes Act 1947, if permissible in accordance with law, or to avail such other re...

...Section 2A of the Industrial Disputes Act, 1947 was barred by limitation. The procedure laid down in Section 2A(2) of the said Act has not been followed by the respondent-workman and...respondent-workman from service has been held illegal, however, considering the fact that the petitioner has already reached the age of superannuation, a compensation to the extent of 50% of the back wages...with all other benefits of a retired employee has been ordered.2. Learned counsel for the petitioner submits that the respondent workman, who was security guard, has been dismissed...

...this view of the matter, we answer the question referred to us in the affirmative and hold that by virtue of section 2A, model standing order clause 4C ipso facto applies to a temporary workman in an...Order 4-C as contained in the schedule I to the Bombay Industrial Employment (Standing Order) Rules, 1959 ipso facto applies to a temporary workman in an Industrial...orders. Therefore, the appellant-workman is not entitled to the status of a permanent employee on completion of 240 days uninterrupted service. The Industrial Tribunal whose judgment was in question had...

...as break in service and the period from 22/11/1974 to 9/1/1976, while on the badli rolls, as continuous service, as defined under Sec.2A of the Act, the respondent-workman would be entitled to Rs...from 1/3/2006 up to the date of deposit, to the respondent-workman and refund the balance to the petitioner-Corporation....

...labour, of any person.”Section 2A deals with dismissal or retrenchment of an individual workman and S. 10 deals with reference of disputes to Boards, Courts or Tribunals. Section 2A...reads as follows:“2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.— Where any employer discharges, dismisses, retrenches or otherwise terminates the...1. Petitioner's termination of service was challenged and he raised an industrial dispute under S. 2A of the Industrial Disputes Act, as can be seen from Exhibit...

...individual workman. Section 2A(2) reads thus: "Where no settlement is arrived at in the course of any conciliation proceeding taken under this Act...Section 2A that new rights had been created under the said section and to make Section 2A which came into force on 01-12-1965 applicable to the affected workman would amount to giving retrospective...to an individual workman it becomes an industrial dispute. Further, the Supreme Court observed that there was no creation of individual rights. Even before the introduction of Section 2A, the dispute...

...assumption being that there should first be a demand notice by the individual workman concerned before it could be said that there was an individual dispute within the meaning of S. 2A...Sadiq [(1973) 44 F.J.R 433] (vide supra), held that there was no dispute between the individual workman and the management as contemplated by S. 2A of the...Industrial Disputes Act was amended by the introduction of S. 2A by Act 35 of 1965, the Courts had taken the view that a dispute be...

...that as per Section 2A(3) of the Act, any such claim could be raised by 1 the workman within a period of three.../dismissal/retrenchment or otherwise termination of services of a workman, as specified in Sub-Section 1 of Section 2A of the Act. Thus, period of limitation prescribed under Section 2A(3) of the Act...No.1 (workman), is worth endorsing/approval. Undoubtedly, Section 2A(3) of the Act, was inserted on 15.09.2010, and the demand notice is dated 21.10.2009. Moreover, the limitation period is specified...

...Advocate supported the impugned award and prayed for dismissal of the writ petition. [4]. Section 2A(2) of the I.D. Act provides that when an application for conciliation is made by the workman before.... [5]. The Industrial Disputes Act, 1947 is admittedly a beneficial piece of legislation. The provisions of Section 2A(3) of I.D. Act cannot be construed to mean that even when a workman has...substantial period of time, he approached the Labour Court under Section 2A(2) of the I.D. Act. Thus, finding of the Labour Court that application filed by the workman is hit by sub-Section (3) of Section 2A of...

...management on the other hand, in its written statement, before learned Labour Court, challenged the maintainability of the application filed by the workman under Section 2A of the Industrial Disputes Act...Section 2A of the Industrial Disputes Act, 1947 as amended by the Act no. 24 of 2010 which reads as under :- 1 [2A. Dismissal, etc., of an individual workman to be...) 14. The plain reading of the said section makes is clear that in order to make an application under Section 2A of the said Act, it is sine qua non that the workman must have been...

...management on the other hand, in its written statement, before learned Labour Court, challenged the maintainability of the application filed by the workman under Section 2A of the Industrial Disputes Act...Section 2A of the Industrial Disputes Act, 1947 as amended by the Act no. 24 of 2010 which reads as under :- 1 [2A. Dismissal, etc., of an individual workman to be...) 14. The plain reading of the said section makes is clear that in order to make an application under Section 2A of the said Act, it is sine qua non that the workman must have been...

...dispute regarding the denial of employment to a workman. S.2A would take in all individual disputes regarding discharge, dismissal, retrenchment or termination or otherwise from service of an employee...Tribunal was relying on S.2A of the Act for arriving at the conclusion that the dispute raised by an individual employee also was maintainable. S.2A of the Act reads...: "Dismissal, etc. of an individual workman to be deemed to be an industrial dispute-Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual...

...industrial dispute. Individual workman has been given such privilege by amending Act 35 of 1965 whereby a new Clause Section 2 (A) has been inserted in I.D. Act, 1947 which reads as under:[2A...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...Chandra Pramanik v. The Managing Director, Tata Steel) pending before the Labour Court, Jamshedpur under Section 2A (2) of the Industrial Disputes Act, 2010 on the...

...obligatory prior to coming into force of sub-section (2) of Section 2A of the Act. These rights are given to the workman/Union notwithstanding anything contained in Section 10...sub-section (2) of Section 2A of the Act, before the Labour Court, the Labour Court assumes jurisdiction and it shall adjudicate it upon. The fact that the workman was...the application is filed by the workman. What all sub-section (2) of Section 2A says is, that the dispute which was not earlier considered as ‘existing’ as per Section 2(k...

...dispute. Individual workman has been given such privilege by amending Act 35 of 1965 whereby a new Clause Section 2 (A) has been inserted in I.D. Act, 1947 which reads as under:[2A...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.... Case No. 09 of 2011, Rameshwar v. Tata Steel Ltd.4. It has been assailed mainly on the ground of limitation taking plea that the concerned workman stood retired on...

...Section 12(4) of the I.D Act. By virtue of Section 2A(2), the workman is entitled to move the Labour Court on the strength of the failure report complaining about his non...Section 4 of the Industrial Disputes Act, 1947 whenever any complaint is made by a workman, he is bound to conciliate and investigate the dispute and also do ...-employment. By the change made into the provisions of the I.D Act, a workman has got a right to move the Labour Court with reference to his non-employment and the office of the Conciliation Officer is...