Workmen of Firestone Tyre and Rubber Co. of India v. Firestone Tyre and Rubber Company
- 2022-02-17
Citation: AIR 1957 SC 104
Bench: Aiyyar, T.L. Venkatarama, Bhagwati, Natwarlal h.Das, S.K. Menon, P. Govinda
FACTS:
The goods belonging to the Central Provinces Transport Services Ltd were missing and upon enquiry were found to be stolen. The respondent employee was held responsible and was dismissed on the grounds of gross negligence and misconduct.
The respondent further faced criminal prosecution on a charge of theft but was acquitted of the charges. He then made an application before the Labour Commissioner for reinstatement and compensation.
ISSUES:
The primary question before the Court was whether this dispute between an individual worker and an industry would constitute an industrial dispute. It had been held in specific cases that a dispute between an employer and a single employee can be an industrial dispute.
JUDGMENT:
The Court observed that under the Industrial Disputes Act, save with the permission of the authority holding any proceeding under this Act, no employee shall be allowed to appear in such proceeding except through the representative of employees.
Therefore, a dispute between and employer and an employee would only become an industrial dispute when it has the backing of the union or a number of workmen. If the cause is not supported by a significant number of workmen, it ceases to be an industrial dispute and is simply an individual dispute.
