MS-028: Labour Laws last 3 yrs paper
June, 2021
Section-A
- Explain the Constitutional Directives and Limitations to Labour Law. Describe the public interest litigation for enforcement of Labour Law.
- Discuss the scope and coverage of the Mines Act, 1952. Describe the provisions for enforcement of the Act.
- Explain the process of registration of Unions under the Trade Unions Act, 1926. Describe the obligations of registered Trade Unions
- Discuss the definitions, object and scope of the Payment of Wages Act, 1936. Describe the responsibilities entrusted for payment of wages under the Act.
- Write short notes on any three of the following:
(a) Employees’ Pension Scheme
(b) The Maternity Benefit Act, 1961
(c) Labour Legislation
(d) Factories Act, 1948
(e) Child Labour Act, 1986
- Read the case given below and answer the questions given at the end:
Beside every big industrial complex, we can find these days a satellite industrial area with a number of medium and small-scale ancillary units manufacturing a variety of products. Mahesh Enterprises is factory which manufactures paints for use by other industries. It has about 155 employees including 4 officers and 13 supervisory staff. The factory runs in two shifts — morning shift from 6 AM to 2 PM and afternoon shift from 2 PM to 10 PM. The company does not provide any housing accommodation to the bulk of its workers who come from the neighbouring villages.
On May 12, 1990, Ramu, a mechanical fitter, was scheduled to work in the morning shift. Since his son was not well, he wanted to take him to a doctor. His house is situated at a distance of about 4 km from the factory. At about 5 AM, he came to the house of Kali Prasad, a warehouse khalasy who lives in the same village and gave him an application addressed to his Foreman for one day’s casual leave. He requested Kali Prasad to personally meet the Foreman and explain to him the reason for the application. Kali Prasad went to the Foreman’s office at 8:30 AM during tea-break and learnt that because of a serious breakdown in the pump-room, all the mechanical staff including Narayan, Foreman, were busy there. Kali Prasad left Ramu’s application on the Foreman’s table and came back to work. The breakdown was set right after 2 PM. When the Foreman came to his office at 3 PM, he found the leave application of Ramu. He regretted his request and ordered to mark him absent for the day.
Next day, that is, on May 13, 1990, during tea-break after 8 AM, the Foreman called Ramu and reprimanded him in the Foreman’s cabin. There was some altercation between the two, and attracted by the loud voices, others around came inside the Foreman’s cabin. Apart from the others, Asst. Foreman Prakash, Nitin (Timekeeper), Shyam (Helper), Raghu and Pati (Mazdoors) also came there. All these employees heard Ramu telling the Foreman that if this leave for May 12, 1990 was not sanctioned, the Foreman would face the consequences
As per the Company’s Standing Order No. 23(i) ‘‘Absenting without information/permission’’ is a misconduct. Also, as per Standing Order No. 23(iv), ‘‘Threatening or intimidating any employee within the boundaries of the works or company’s premises’’ is a misconduct. The works manager is the competent authority to take disciplinary action.
Questions
(a) What are the IR issues emerging out of this case?
(b) If you were in a decision-making situation, how would you respond to the critical incidents?
(c) Critically evaluate the pros and cons of the disciplinary actions.
Section-B
February, 2021
- Discuss the object of the Trade Unions Act, 1926. Describe the procedure for the registration and cancellation of a trade union under the Act.
- Define the following terms under the Minimum Wages Act, 1948:
(i) Wages,
(ii) Appropriate Government,
(iii) Schedule Employment, and
(iv) Employee.Explain briefly the powers which the Government can exercise under the Minimum Wages Act, 1948.
- Explain the objective, scope and coverage of the Payment of Wages Act, 1936. Describe the procedure laid down under the Act for imposing fines. Does it discourage employers from using it as a punishment for indiscipline?
- Describe the various benefits payable under the Workmen’s Compensation Act, 1923. Discuss the circumstances under which the employer is not liable to pay compensation for injury to a workman.
- Discuss the object of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952. Describe the various modes in which the Central Provident Fund Commissioner can recover arrears of any amount due from any employer under Section 8 of the Act.
- Explain the object of the Payment of Gratuity Act, 1972. Discuss the benefits payable and the conditions under which gratuity can be forfeited.
- Discuss the object, scope and applicability of the Contract Labour (Regulation and Abolition) Act, 1970. Describe the various obligations of principal employer and contractor under the Act.
- Discuss what you understand by Plantation to which the Plantation Labour Act, 1951, would be applicable. Explain the provisions for recreational, educational and housing facilities for workers in the plantation.
June, 2021
- Explain the sources of industrial jurisprudence. Describe the specific objectives of labour legislation in our country.
- Discuss the Principle of Ras Judicata. Describe the various liability and their application in industrial adjudication.
- Discuss the meaning of the term “factory and the object of the ‘Factories Act’ 1948. Describe the measures to be taken by a factory in respect of health safety and welfare of workers.
- Discuss the meaning of the term “factory and the object of the ‘Factories Act’ 1948. Describe the measures to be taken by a factory in respect of health safety and welfare of workers.
- Define and distinguish shop, commercial establishment and Establishment under THE DELHI SHOPS AND ESTABLISHMENT ACT 1954.
- Discuss the objectives of the child labour (Prohibition and Regulation) Act, 1986. Describe the occupations and processes, where child labour is prohibited.
- What is meant by “adjudication” and “voluntary arbitration” under THE INDUSTRIAL DISPUTES ACT,1947? Discuss the power of Labour Courts and Industrial Tribunals under section 11A of the Act.
- Discuss the objectives, scope and coverage of THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) Act 1946. Describe the acts or omissions on the part of a workman which amount to misconduct.
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