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Conditions Of Employment And National Arbitration Order

Volume 393: debated on Thursday 4 November 1943

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asked the Minister of Labour whether the expression "trade dispute" in the Conditions of Employment and National Arbitration Order, 1940, covers both the case of a workman, employed under the Essential Work (General Provisions) Order, 1942, and whose contract of service has been lawfully terminated by his employers with the consent of the National Service officer and the local appeal tribunal, and the case of an employer desiring to retain a workman whom the National Service officer and local appeal tribunal have permitted to change his employment, or whether he will amend the Orders and place both employer and workman on an equal footing as regards appeals to the Ministry?

In cases of the kind mentioned in the Question an equal right is given to the employer and to the workman to bring the matter before a local appeal board. The question whether a trade dispute could subsequently be held to exist on account of dissatisfaction with the decision must depend on the precise circumstances, and I could not attempt to give any general answer; but I can say emphatically that I should be very sorry if either side attempted to carry the matter further by converting it into a trade dispute, instead of loyally accepting the decision.