Industrial dispute
A dispute between employers, employers and workers, or workers, connected with employment, non-employment, terms of employment or conditions of labour, including an individual termination dispute (Section 2(q) IRC).
Explained
Section 2(q) of the Industrial Relations Code, 2020 defines an industrial dispute as any dispute or difference between employers and employers, or between employers and workers, or between workers and workers, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person. It includes any dispute or difference between an individual worker and an employer connected with, or arising out of, discharge, dismissal, retrenchment or termination of that worker. Earlier the definition was in Section 2(k) of the Industrial Disputes Act, 1947, and the individual termination dispute was deemed an industrial dispute by Section 2A of that Act. The Code repeals the 1947 Act.
Three elements are tested. There must be a dispute or difference; it must be between the parties named; and it must relate to employment, non-employment, terms of employment or conditions of labour. Before the inclusion for individual disputes, an individual grievance became an industrial dispute only if espoused by a union or a body of workers. Now a dispute over an individual worker's discharge, dismissal, retrenchment or termination is an industrial dispute by the definition itself.
The dispute must be raised by or for a worker within Section 2(zr). A worker is a person employed in an industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, but the definition excludes persons employed mainly in a managerial or administrative capacity and those in a supervisory capacity drawing wages above eighteen thousand rupees a month or a notified amount, besides members of the armed forces, police and prison staff. Industry is defined in Section 2(p).
The Code provides the machinery: a Grievance Redressal Committee (Section 4), conciliation officers (Section 43), Industrial Tribunals (Section 44) and the National Industrial Tribunal (Section 46), with conciliation and adjudication under Section 53. Where a dispute arises from rights created by the industrial law itself, the remedy lies under that law rather than in a civil suit.
What the law says
Section 2, Industrial Relations Code
(q) “industrial dispute” means any dispute or difference between employers and employers or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person and includes any dispute or difference between an individual worker and an employer connected with, or arising out of discharge, dismissal, retrenchment or termination of such worker;
Clause (q) defines industrial dispute; (zr) worker; (p) industry
Section 53, Industrial Relations Code
(1) Where any industrial dispute exists or is apprehended or a notice under section 62 has been given, the conciliation officer shall, hold conciliation proceedings in such manner as may be prescribed:
Provided that the conciliation officer shall not hold any such proceedings relating to the industrial dispute after two years from the date on which such industrial dispute arose.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
Conciliation and adjudication of disputes
Section 44, Industrial Relations Code
(1) The appropriate Government may, by notification, constitute one or more Industrial Tribunals for the adjudication of industrial disputes and for performing such other functions as may be assigned to them under this Code and the Tribunal so constituted by the Central Government shall also exercise the jurisdiction, powers and authority conferred on the Tribunal, as defined in clause (m) of section 2 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) by or under that Act.
(2) Every Industrial Tribunal shall consist of two members to be appointed by the appropriate Government out of whom one shall be a Judicial Member and the other, an Administrative Member.
(3) A bench of the Tribunal shall consist of a Judicial Member and an Administrative Member or single Judicial Member or single Administrative Member.
Industrial Tribunal
Section 4, Industrial Relations Code
(9) Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual worker, any dispute or difference between that worker 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 worker nor any Trade Union is a party to the dispute.
(10) Notwithstanding anything contained in this section or section 53, any worker as is specified in sub-section (5) may, make an application directly to the 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 on receipt of such application the Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as the Tribunal has in respect of the application filed under sub-section (6) of section 53.
(11) The application referred to in sub-section (10) shall be made to the Tribunal before the expiry of two years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (9).
Grievance Redressal Committee
Section 104, Industrial Relations Code
(c) the Industrial Disputes Act, 1947 (14 of 1947).
(1A) Notwithstanding such repeal under sub-section (1), the functioning of the Tribunals and statutory authorities functioning under the Acts so repealed shall continue to function till such Tribunals and other statutory authorities becomes functional under this Code.]
(2) Notwithstanding such repeal under sub-section (1), anything done or any action taken under the provisions of the enactments so repealed including any rule, regulation, notification, nomination, appointment, order or direction made thereunder shall be deemed to have been done or taken under the corresponding provisions of this Code and shall be in force to the extent they are not contrary to the provisions of this Code.
Repeal of the Industrial Disputes Act, 1947
Example
For example, a machine operator dismissed by a factory may raise an industrial dispute on his own, without union support, because Section 2(q) includes a dispute arising out of an individual worker's dismissal.
For the exam
- Section 2(q) IRC 2020; earlier Section 2(k) and Section 2A of the Industrial Disputes Act, 1947.
- Individual worker's discharge, dismissal, retrenchment or termination dispute is included.
- Parties: employer and employer, employer and worker, or worker and worker.
- Managerial staff, and supervisors earning above Rs 18,000 a month, are not workers (Section 2(zr)).
- Machinery: Grievance Redressal Committee, conciliation officer, Industrial Tribunal, National Industrial Tribunal.
31 questions in the Law Maker question bank use this term. Practise Labour & Industrial Law questions
Related terms
- WorkmanA person employed to do manual, skilled, technical, operational, clerical or supervisory work for hire or reward. The Industrial Relations Code, 2020 now uses the term worker in Section 2(zr).
- StrikeCessation of work by persons employed in an industry acting in combination, or a concerted refusal to work, including concerted casual leave by 50% or more workers on a day. Section 2(zk), IR Code.
- Lock-outThe temporary closing of a place of employment, suspension of work, or an employer's refusal to continue to employ any number of persons employed by him (Section 2(u), Industrial Relations Code, 2020).
- RetrenchmentTermination by the employer of a worker's service for any reason other than disciplinary punishment, excluding retirement, non renewal or end of contract, end of fixed term and ill health. Section 2(zh) of the IR Code, 2020.
- Trade unionUnder Section 2(zl) of the Industrial Relations Code, 2020, any combination formed primarily to regulate relations between workers and employers, workers and workers, or employers and employers.
- WagesUnder Section 2(y) of the Code on Wages, 2019, all remuneration in money or money's worth payable for employment, including basic pay, dearness allowance and retaining allowance, but excluding listed items.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.