MS 28 Labour Laws Previous Exam 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. The fundamentals Right and Directive Principles of state? Policy are the backbone of industrial jurisprudence in India. Explain.

2. Attempt any two of the following:

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

(b) What are the provisions regarding registration of establishments and licensing of contractors under the Contract Labour (Regulation and Abolition) Act, 1970?

(c) What are the main provisions regarding prohibition and regulation of child labour under the Child labour (Prohibition and Regulation) Act, 1986?

3. Explain the procedure for registration of a trade union under the Trade Unions Act, 1926. What are the provisions regarding "General Fund" (Sec-15) and "Political Fund" (Sec 16) under the Act?

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

5. What is the object of the Minimum Wages Act, 1948? Explain the procedure the government has to follow for fixing and revising minimum wages under the Act.

6. Who is an "employee" under the Employees' State Insurance Act, 1948? Give an account of various benefits extended to the employees under the Act.

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

(a) Objectives of labour laws
(b) International labour standards and their influence on labour legislation
(c) Notice of Change (Section 9-A)
(d) Industrial discipline - concept and objectives
(e) Maternity Benefit Act, 1961

SECTION B

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

ANC is a composite textile mill employing over 8000 employees including officers. The mill has recently modernised its technology and has introduced many cost and labour saving devices. It has a very sophisticated quality control department having much costly equipments. The industrial relations in the company has been very smooth. The management also adopted welfare - oriented approach towards its employees. The company organised regular training and development programmes as a part of its human resource development efforts. The general morale and motivation level of employees was quite high though symptoms of tension and mistrust were hidden.

Mr. Anand is in charge of various costly equipments used in the quality control department. One day he used the services of Mr. Borade, a worker, to clean the equipments of various sizes and asked him to keep back the equipments in the cupboard after cleaning theft. This had to be done as Mr. Anand had to attend the daily coordination meeting with the general manager of the company, which cannot be ignored. When Mr. Anand returned, he did not check immediately the total number of instruments as he did not have any doubt about Mr. Botade's integrity. Mr. Borade is an old-timer who served the company honestly and sincerely.

After about two hours, Mr. Anand found a small but costly measurement equipment was missing from the cupboard. The initial search yielded no positive results. Mr. Anand accordingly informed the security about the missing of the instrument. The security staff suspected Mr. Borade as he was the one who cleaned and put back the instruments. When questioned, Mr. Borade denied the charges. After initial questioning, Mr. Anand once again separately requested Mr. Borade to say whether he saw the missing instrument. Mr. Borade spoke privately to Mr. Anand and admitted that by a sheer loss of control of mind be took away the instrument. He confessed that be never did such a thing in the past in his 15 years of service in the company and knowing welt that he couldn't use the instrument, he still took it away. He pleaded for mercy- Mr. Anand was at loss to understand what had happened. He couldn't believe that a man who served the company faithfully could ever do such a thing like stealing. He faced the worst crisis in his life. What should he do now?

Questions:

(a) Advise Mr. Anand as to the nature of action to be taken against Mr. Borade?
(b) Advise Mr. Anand as to the merits and demerits of holding a domestic enquiry.
(c) Also suggest to him various steps to be taken in a disciplinary proceeding, in case of an enquiry, and the value of punishment to be awarded if the charges are proved.