This document contains questions for an online midterm examination in Labour and Industrial Law-I. The first question asks about the difference between a personal dispute and an industrial dispute. The response defines an industrial dispute under the Industrial Disputes Act and explains that industrial disputes involve employment-related conflicts between workers and employers, whereas personal disputes concern individual grievances. The second question asks about different types of disablement under the Employees' Compensation Act. The response outlines two main types - partial and total disablement - and describes what conditions must be met for each. It also briefly discusses a relevant case law example.
This document contains questions for an online midterm examination in Labour and Industrial Law-I. The first question asks about the difference between a personal dispute and an industrial dispute. The response defines an industrial dispute under the Industrial Disputes Act and explains that industrial disputes involve employment-related conflicts between workers and employers, whereas personal disputes concern individual grievances. The second question asks about different types of disablement under the Employees' Compensation Act. The response outlines two main types - partial and total disablement - and describes what conditions must be met for each. It also briefly discusses a relevant case law example.
Original Title
Mid Term Examination Answers (Labour and industrial law)
This document contains questions for an online midterm examination in Labour and Industrial Law-I. The first question asks about the difference between a personal dispute and an industrial dispute. The response defines an industrial dispute under the Industrial Disputes Act and explains that industrial disputes involve employment-related conflicts between workers and employers, whereas personal disputes concern individual grievances. The second question asks about different types of disablement under the Employees' Compensation Act. The response outlines two main types - partial and total disablement - and describes what conditions must be met for each. It also briefly discusses a relevant case law example.
This document contains questions for an online midterm examination in Labour and Industrial Law-I. The first question asks about the difference between a personal dispute and an industrial dispute. The response defines an industrial dispute under the Industrial Disputes Act and explains that industrial disputes involve employment-related conflicts between workers and employers, whereas personal disputes concern individual grievances. The second question asks about different types of disablement under the Employees' Compensation Act. The response outlines two main types - partial and total disablement - and describes what conditions must be met for each. It also briefly discusses a relevant case law example.
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Name - Pratham Saxena
Roll no. - LS/BBALLB/1601/008
Subject: Labour and Industrial Law-I Course: BBA LLB Semester: VIII Paper Code: BBA LLB-802
Questions for Online Mid Term Examination:
1. What do you mean by Industrial Dispute? What is the difference between
Personal dispute and Industrial Dispute? Discuss
A. Industrial dispute is mentioned under section 2(k) of The industrial Disputes Act 1947 means any dispute of difference between employees and employers or between employers and workmen or between workmen and workmen, which is connected with the employment or non-employment of the terms of employment or the conditions of work of any person. Every human being has certain requirements/needs e.g., economic needs, social needs, security requirements. When these requirements do not get satisfied, there arises a conflict between the worker and the capitalist/employer.
S NO. INDIVIDUAL DISPUTE INDUSTRIAL DISPUTES
1. Whether a single workman who is Industrial Dispute is defined under
aggrieved by an action of the Section 2(k) of the Industrial Dispute employer can raise Industrial Act, 1847. “Industrial dispute” means Dispute. Section 2(k) of the any dispute or difference between Industrial Act, 1947 speaks of a employers and employers, or between dispute between employer and employers and workmen, or between workmen. i.e. Plural form is used. workmen and workmen, which is connected with the employment or non- Before insertion of the Section 2A employment or the terms of employment of the Act, an Individual Dispute or with the conditions of labor, of any could not per se be an Industrial persons.” Dispute but it becomes one if taken up by the Trade union or a number of workmen. to the dispute.
2. An Individual Dispute to be To constitute Industrial Dispute
declared as an Industrial Disputes, following elements are to be satisfied - The following Conditions are to be satisfied – 1) A dispute Between Employers and employers or employer and workmen or (1) A body of workmen ( Trade workmen and workmen. Union)or a considerable number of workmen are found to have (2) The Dispute should be connected common cause with the Individual with employment or non-employment or workman. terms of employment or conditions of labor of any person. (2) That the Individual dispute was taken up or sponsored by the (3) The Dispute may be in relation to any workmen as a body ( trade union) workmen or any other person in whom or by Considerable Section of them they are interested as a body before the date of reference.
CASE LAW
Chandrakant Tukaram Nikam and others vs. Municipal Corporation of
Ahmedabad and another : It was held by the Supreme Court that the Jurisdiction of the Civil Court was impliedly barred in cases of the dismissal or removal from service, The appropriate forum for such relief was one constituted under Industrial Disputes Act, 1947.
2. What do you mean by Disablement? Discuss the various forms of Disablements
as given under the Employees Compensation Act 1923?
A. The expression "disablement" means loss of capacity to work or to move.
Disablement which reduces the earning capacity of an employee. Injury caused to an employee by an accident resulting in the loss of earning capacity is technically called disablement. In other words, a person is incapacitated to work or to move as a consequence of an accident. The various forms of Disablements as given under the Employees Compensation Act 1923 are : 1. PARTIAL DISABLEMENT- It means where the disablement is of temporary nature, such disablement as reduces the earning capacity of a workman in the employment he was engaged at the time of accident resulting in the disablement, and where the disablement is of permanent nature, such disablement as reduces the earning capacity in every employment which he was capable of undertaking at that time provided that every injury specified in Part II of Schedule I is deemed to result in permanent partial disablement. 2. TOTAL DISABLEMENT- It means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of accident resulting in such disablement provided that permanent total disablement is to be deemed to result from every injury in Part I of Schedule I or combination of injuries specified in Part II where the aggregate percentage of loss of earning capacity amounts to one hundred percent or more.
Case Law
In the case of Ball Vs. William Hunt 1912 A.C. 496 , an employee was blind in one eye but they did it was not visible. After sometime he suffered an Employment injury necessitating the removal of the eyeball of the injured eye, consequently, as a result of this visible defect he could not get employment although he was physically capable of doing any job which he could do before the accident. It was held that incapacity for work includes 'liability to work'.
