MS-28 Labour Laws Question Paper

MBA - Master of Business Administration

Note: There are two sections A and B. Attempt any five questions from Section A. All questions in Section A carry 15 marks each. Section B is compulsory and carries 25 marks.

1. In India the goals set by the Indian Constitution have a bearing in industrial legislation and adjudication. From this point of view, discuss briefly, the setting of industrial legislation and labour policy in the constitutional framework.

2. (a) Who is an ‘occupier’ under the Factories Act, 1948 and what are his general duties?

(b) State the provisions regarding responsibilities for payment of wages to contrast labour under the Contract Labour (Regulation and Abolition) Act, 1970.

3. (a) What are the purposes for which the political funds of a registered trade union may be spent under the Trade Unions Act, 1926? Can the members of a registered trade union be put to any disability or disadvantages for not contributing towards the fun?

(b) What is the procedure for certification of standing orders framed by an industrial establishment under the Industrial Employment (Standing Orders) Act, 1946?

4. (a) Explain the deductions which an employer is authorised to make from the wages of a worker under the Payment of Wages Act, 1936.

(b) What are the obligations of the employer in relation to payment of wages and recruitment under the Equal Remuneration Act, 1976?

5. (a) Who are eligible for bonus under the Payment of Bonus act, 1965? Is there any time limit for payment of bonus under the Act?

b) Explain the principles of set-on’ set-off’ of allocate surplus under the Payment of Bonus Act, 1965.

6 (a) "Accident alone does not entitle a workman to claim compensation, it must arise out of and in the course of employment." Discuss.

b) Is the employer liable to pay compensation in the following cases under the Workman’s Compensation Act, 1923:
i) . A driver while driving developed heart attack and collapsed while changing destination name board.
ii) . A workman met with an accident while performing his duties and his two fingers had been crushed.

7. Explain the various benefits available to employees under the Employees’ State Insurance Act, 1948.

8. Write short notes on any three of the following:

i) Concept of social justice
ii) Objects of the Maternity Benefit Act, 1961
iii) Lock-out
iv) Minimum wage
v) Welfare provisions under the Plantation Labour Act, 1951

SECTION B

Please read the case given below and answer the questions given at the end.

A clause of the Standing Orders of the Burn & Co, provide that "go slow" lactic on the part of part of workmen will be treated as a serious misconduct for which management Union which is a registered trade union under the Trade Unions Act, 1926, but is not recognised by the management, raises an industrial dispute demanding recognition of the trade union and deletion of the clause treating go-slow as a serious misconduct from the Standing Orders. The management rejects the demand stating that only 30 per cent of its workmen are members of the union and go-slow is an anti-national activity. Thereafter the workmen (unionist) adopt go-slow tactics under a common understanding. The management gives notice to the workmen that if they do not resort to normal working at full speed within 24 hours they would be dismissed and actually dismisses 25 of its workmen (who are members of the union) on the next day, who according to the management, do not resort, even after notice, to the normal working at full speed. The remaining workmen go "on strike demanding reinstatement of the 25 dismissed workmen. The appropriate Government refers all the disputes between Burn & Co. and Burn & Co. Employees’ Union to an industrial tribunal for adjudication and prohibits the continuance of the strike. Despite government’s prohibitory order these fifty workmen continue to be on strike. Not only this but one day some of these striking workmen become violent, assault the manager and damage the Company’s building and other property. The management as a security measure declares temporary closure of the company for an indefinite period.

On the basis of above facts-situation answer the following questions in the light of relevant statutory provisions and judicial decisions.

Questions:

a) Can Burn & Co, raise an industrial dispute regarding the dismissal of 25 workmen who are members of the union?
b) Does the dismissal of 25 workmen amount to an unfair labour practice?
c) Can Burn & Co. apply for modification of Standing Orders? Describe other methods, if any, by which the union can get the Standing Orders modified.
d) Can go-slow tactics of workmen be regarded as a strike? Do industrial workmen have a right to go-slow? If so. Can it be legally taken away by the Standing Orders?
e) Is strike after the issuance of prohibitory order issued by the Government legal?