Question Details

Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.


PRINCIPLE: Trade dispute means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person. Disputes connected with the non-employment must be understood to include a dispute connected with a dismissal, discharge, removal or retrenchment of a workman.

FACTS: 'X', an employee in a sugar factory, raised a dispute against 'Y', the employer, through trade union regarding certain matters connected with his suspension from the employment.

Options

A

Matters connected with suspension can amount to a trade dispute

B

Matters connected with suspension cannot amount to a trade dispute

C

Only after dismissal, matters connected with suspension can amount to a trade dispute

D

None of the above is correct.

Show Answer

Correct Answer :

Option A

Matters connected with suspension can amount to a trade dispute

Solution :

Correct Option: Matters connected with suspension can amount to a trade dispute


Step-by-Step Explanation:


1. Understanding the Principle:
According to the given principle, a trade dispute is defined as any dispute between employers and workmen, between workmen and workmen, or between employers and employers, which is connected with:
• Employment or non-employment, or
• The terms of employment, or
• The conditions of labour of any person.


2. Analyzing the Given Facts:
• 'X' is an employee (workman) working in a sugar factory.
• 'Y' is the employer.
• 'X' raised a dispute against employer 'Y' through a trade union concerning matters connected with his suspension from employment.


3. Applying the Principle to the Facts:
Suspension directly affects an individual's active employment status, duty obligations, and terms of employment. Since the dispute is between a workman ('X') and an employer ('Y') regarding his suspension from employment, it directly relates to the "employment or non-employment" and "terms of employment" of 'X'. Therefore, the dispute fully satisfies the criteria specified in the principle.


Conclusion:
Matters connected with suspension fall within the scope of employment or non-employment and can amount to a trade dispute.

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