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. Discuss the impact of international labour standards and the Indian Constitution on Labour legislation in India.

2. Briefly discuss the Provisions for health, safety and welfare of workers under the Factories Act, 1948.

3. What are the problems relating to contract labour legislation from an employer’s perspective?

4. Discuss the key provisions of social security under Indian laws, which provide for the welfare of employees while in service.

5. What is the scope and objectives of Industrial Employment (Standing Orders) Act, 1946? Briefly discuss how it is certified.

6. What are the objectives of Payment of Wages Act, 1936? What are the authorised deductions under it?

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

a) Award
b) Lay-off
c) Protected workmen
d) Industrial disputes
e) Notice of change

SECTION B

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

Lakshmi Manufacturing Company is a registered factory employing 550 people. It produces spare parts for cars and scooters. Ts security staff at the gate are vigilant and regularly check people/vehicles going out of the factory to prevent theft of the company’s material.

On June 18, 199, at 11 am, Rakesh a material chaser in the Services Department went to the stores department to draw ten new GEC electric switches (15 amperes each) for some urgent breakdown job, Thereafter, he came to the cooperative Credit Society office to Enquiry about his loan application, At 11.30 am he suddenly remembered that he had to purchase a post-card from the post office (situated outside the works gate). To write an urgent letter and thereafter go to his department situated at a distance of about 1 lm from the stores department. The distance between the stores department and the works gate is about 50 meters, Rakesh works in the general shift, i.e., from 7 am to 11.30 am and 12.30 PM to 4 PM. The lunch brake is from 11.30 am to 12.30 PM. During the period, workers are allowed to go out of the premises.

At 11.35 am, there was a telephone call to S M Kumar, Manager, Services Department from the security Inspector, remand, that one Rakesh, T. No. 321 had been caught red-handed at the gate by two sepcys Ramadhin and Trilochan, while trying to go out of the factory premises with ten new GEC electric switches that were in a bag on his cycle.

In the preliminary enquiry, Rakesh confessed in writing that he was carrying switches by mistake as he intended to come back to his department after buying a post-card. As per the procedure for drawing materials in the Services Department on the basis of a written instruction in the logbook from the foreman, the material chaser has to prepare the material requisition after entering the details himself in the material requisition register. After getting the requisition signed by the foreman and the departmental head, he has to go to the Stores department to draw the material. If the material is heavy, he has to arrange for transport, Rakesh carried small items like switches, fuses, etc., himself, to the department. Thereafter, he is supposed to hand over the material to the foreman and obtain his signature in the materials requisition register.

The logbook as well as the materials requisition register showed that Rakesh had correctly entered the GEC electric switches therein.

As per the Standing Order No. 17 (iii) of the company’s certified orders, Theft, fraud of dishonesty in connection with Company’s business or property, is a misconduct warranting dismissal as per Standing order No. 18. The manager can issue a charge sheet and also punish with dismissal any employee of his department, who is alleged to have committed an act of misconduct.

Questions:

a) Advise the Manager, Services Department, on the steps required to be taken in the case referring to relevant legal provisions under the concerned labour legislation.
b) Assuming that a charge sheet is to be issued, please draft one.
c) In case he denies that charge what will be your advice to the Services Manager?
d) In case the charges are proved, will you advise dismissal? Give reasons.