MS 28 Labour Laws Sample 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. What are the constitutional directives in the field of labour laws? The labour laws have reached new dimensions with the advent of the doctrine of welfare state. Discuss.

2. Attempt any two of the following:

(a) What are the safety measures under the Factories Act, 1948?

(b) What are the obligations of the principal employer and contractor under the Contract labour (Regulation and Abolition) Act, 1970?

(c) What are the occupations and processes where child labour is prohibited under Child Labour Act, 1986?

3. What is a "trade union" under the Trade Unions Act, 1926? What is the procedure for registration of a trade union under the Act?

4. Discuss the various provisions laid down under the Industrial Disputes Act, 1947 for settlement of Industrial disputes.

5. Examine the main features of the Payment of Wages Act, 1936. What are the provisions for deduction from wages? Are they sufficient?

6. (a) What are the benefits payable under the ESI Act, 1948? Give details.
(b) What are the provisions regarding payment of gratuity to employees under the Payment of Gratuity Act, 1972? Explain.

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

(a) Main features of the Maternity Benefit Act,1961
(b) Salient features of the Provident Fund Scheme, 1952?
(c) Notice of change (Section 9–A)
(d) Special features of labour laws
(e) Principles of natural justice

SECTION B

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

On March 25, 1996 at about 6.45 PM, the Duty Officer (Security), Kumar at the Work gate informed Rathod, Electrical Engineer on telephone that one Narayan, supervisor of his department has been caught fed - handed at the Works gate while attempting to steal one small electric motor and certain other spare parts used in the Electrical Dept. Rathod was requested to
come to the Security Control Room, where a preliminary enquiry was to be held.

During the preliminary enquiry, it came to light that Narayan, Personnel No. 5824, Foreman, came to the Works gate at 6.15 PM on his Suvega autocycle bearing registration no. BRX 1421 (the number was not clearly visible). The works guard on duty, Krishna Bahadur asked Narayan to stop and open the tool–box that was hanging on the right side of the rear wheel. When it was opened only one empty tiffin-box was found. Since the driver's seat appeared to be thicker and of unusual size, the work guard enquired about the same from Narayan, and not being satisfied with the reply, gave it a jerk. It was found that Narayan had constructed one box under the seat where a 0.50 hp motor and eight 5 amps switches belonging to the company were concealed

On being asked, Narayan replied that he had attended a breakdown after 5 PM in the Mill and replaced one 0.50 hp motor. The motor that was recovered was the defective one, but he could not return it as the store-issuer had already left for home after his duty which ended at 5 PM. He thought he would return the motor next day, as he had done many times in the past. He, however, could not explain why he was carrying the 5 amps switches. Nor did he give any satisfactory reason for not keeping the materials in the tool - box that was visible from outside, rather than where these were kept. On checking up at the Security Control Room, it was found in the presence of Narayan, that the electric motor recovered was in working condition.

As per the Company's Certified Standing Order No. 23 (iii), 'theft, fraud, or dishonesty in connection with company s business or property' is misconduct

Questions:

(a) Does this case deserve suspension pending enquiry?
(b) Advise the Works Manager on the steps for handling the above case.