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Question Papers-Labour law

BA LLB constitutional law (St Joseph's College of Law, Bangalore)

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QUESTION PAPERS – LABOUR LAW

DECEMBER 2015

1. Explain the definition of “Appropriate Government” under Industrial

Disputes Act, 1947 with reference to decided cases.
2. Explain the provisions relating to regulations of strikes under Industrial
Disputes Act with the help of decided cases.
3. Explain the provisions of Trade Union Act relating to the immunities
available to a registered Trade Union.
4. Explain the term ‘Minimum Wage’. What is the procedure laid down under
Minimum Wages Act for fixation of minimum rates of wages?
5. Explain constitution, powers and procedure of the E.S.I. Courts.
6. State the difference between Maternity Benefit Act, 1961 and Employees
State Insurance Act, 1948 with regard to maternity provisions.
7. Outline the provisions relating to the welfare measures under the Factories
Act, 1948.
8. Write short note on any two of the following:
 Permanent total disablement
 Lock out
 Labour court
9. Solve any two of the following problems:
 Chintamani Industries, a women run organisation employing only
women workers. It allots to some women workers night shift between
6 p.m. and 2 a.m. Is it justifiable? Decide.
 Ajay an employee in Jaideep Industries died in a fatal accident in the
factory. The employer paid the widow of Ajay, compensation a sum of
Rs. 1 lakh directly. Is it valid payment?
 Anand, a driver with Rajasthan State Transport Corporation was
terminated on account of his eyesight problem. He claimed
retrenchment compensation. Is he entitled to it?

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JUNE 2016

1. Define industrial dispute under the Industrial Dispute Act, 1947 and when an
individual dispute will become Industrial Dispute?
2. Explain the provisions relating to voluntary arbitration under the Industrial
Disputes Act 1947.
3. Define lay-off and what are the provisions relating to lay-off compensation?
4. Briefly explain the various privileges of a registered Trade Union. Marks.
5. When an employer is liable to pay compensation under the Employees
Compensation Act 1923?
6. Explain the various benefits provided under the Employees State Insurance
Act 1948.
7. Briefly explain the provisions relating to safety under the Factories Act
1948.
8. Write notes on any two of the following:
 Certifying Officer
 Procedure for fixation of minimum wages
 Central Advisory Board and State Advisory Board under to Contract
Labour (Regulation and Abolition) Act 1970.
9. Solve any two of the following problems :
 Employer dismissed the service of temporary workman “A”. “A”
raised a dispute under the Industrial Disputes Act 1947. Employer
argued that “A” was not a workman. Decide.
 Membership of a registered Trade Union has been denied to “A” a
workman on the ground that “A” has not contributed to the political
fund of the Trade Union. “A” wants to challenge the legality of the
denial. Will he succeed?
 “A” a workman died due to an accident while performing the duty of
an employer. Subsequently it had been proved that at the time of the
accident the workman was under the influence of intoxication.
Whether employer is liable to pay compensation?

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DECEMBER 2016

1. Explain the term ‘Industry’ under the Industrial Disputes Act, 1947.
2. Explain the provisions relating to reference of an industrial dispute.
3. Define strike and what are the relating to the prohibitions of strike.
4. Explain the provision relating to registration of a trade union.
5. Explain the doctrine of Notional Extension with the help of decided cases.
6. Explain the various authorities provided under the Employees of State
Insurance Act, 1948.
7. Briefly explain the provisions relating to health under the Factories Act,
1948.
8. Write short notes on any two of the following:
 Standing Orders
 Maternity Benefit
 Objects of Contract Labour (Regulation and Abolition) Act,1970.
9. Solve any two of the following problems:
 An employer dismissed the service of a workman for misconduct.
Dismissed workman raised a dispute under the Industrial Dispute Act,
1947. Whether the dispute is raised by the workman is an industrial
dispute? Give reasons.
 The workers of a registered trade union declared illegal strike. Due to
illegal strike employer sustained loss. Employer filed a suit against the
trade union for recovery of compensation. Will he succeed?
 Municipality appointed ‘A’ as a workman to repair clocks of the
municipality. While repairing the clock ‘A’ died due to lightening
shock. Whether municipality is liable to pay compensation?

JUNE 2017
1. Explain the impact of industrial jurisprudence on Labour Welfare
Legislations.
2. Explain Industrial Dispute. When does a individual dispute become an
industrial dispute?
3. Discuss the liability of the employer to pay compensation under the
workmen compensation act.

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4. Explain the different kind of benefits under the Employees State Insurance
Act, 1948
5. Discuss the provisions relating to health under the factories act, 1948
6. How to determine the contribution towards provident fund? Is there any
mechanism to recover dues from the employer? Explain.
7. Explain the provisions under the trade union act relating to the immunities
available to a registered trade union.
8. Write short not for any two of the following:
 Workman
 Lay off
 General fund of trade union
9. Solve any two of the following problems:
 ‘Karthik’ a workman who is laid off by his employer at Tumkur
refuses to accept an alternative employment in another establishment
belonging to the same employer situated in Mysore. Karthik wants to
claim lay off compensation. Decide.
 35 women are employed in Mythili Industries. Since only 2 women
workers were having children below 5 yrs of age, the manager of the
industry refuses to provide crèche for the children. Is the refusal
correct?
 An ex-prisoner brought an action against prison authorities alleging
that he had contracted tuberculosis as a result of dust to which he was
exposed to working in the prison. Will he get compensation?

DECEMBER 2017
1. Define ‘Industrial Dispute’. When does a individual dispute becomes an
industrial dispute. Explain.
2. Discuss the provisions relating to welfare measures under the factory act,
1948.
3. Discuss the liability of the employer to pay compensation under the
workmen compensation act.
4. Explain the provisions relating to award under industrial disputes act.
5. Explain the provisions relating to registration of a trade union.
6. Explain the different kinds of benefits available under the employees state
insurance act, 1948.

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7. Explain the deduction which may be made from wages under payment of
wages act, 1936.
8. Write short notes on any two of the following:
 Closure
 Collective Bargaining
 Strike
9. Solve any two of the following problems:
 Suman a worker working in Ramu Industries in Bangalore is laid off
by his employer. The employer provided an alternative employment in
another establishment belonging to the Ramu Industries owner
situated in Hubli but Suman refuses to accept the alternative
employment and wants to claim lay off compensation. Will he
succeed?
 The Bombay Municipal Corporation carried on a public utility service
in greater Bombay and for the purpose employed certain drivers to
drive the buses. The transport service was managed by the electricity
supply and transport committee. One of the drivers on 20 th July 2005,
finished his work for the day at about 7;45 PM at Jogeshwari Bus
depot. In order to reach his residence at Santa Cruz he boarded
another bus which collided with a stationary lorry parked in an
awkward angle on the road near Erla bridge, Andheri. Consequently
he was thrown out on the road and injured. He was sent to the hospital
for treatment but unfortunately died on 26 th July, 2005. The
compensation was claimed by his widowed wife pleading that the
accident had risen out of and in the course of his employment.
 Ramu a workman while performing the duty of the employer died due
to an accident. It was proved that at the time of the accident Ramu
was under the influence of intoxication. Whether the employer is
liable to pay compensation?

June/
Jul
y2018

1.Defineandexpl
ai
nthet
erm“
indust
ry”wi
t
hthehel
pofdeci
dedcases
.

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2.Define“
LockOut”andexpl
ai
ntheci
rcumst
ancesunderwhi
chLockOuti
s
l
egalandil
legal
.

3.Wr
it
eanot
eonpar
ti
aldi
sabl
ementandt
otaldi
sabl
ement
.

4.Expl
ai
nconst
i
tut
i
on,power
sandpr
ocedur
eofE.
S.I
.cour
t.

5.Di
scusst
hepr
ovi
si
onst
osaf
etyundert
heFact
ori
esAct
,1948.

6.Whati
saTr
adeUni
on?Expl
ai
nthepr
ocedur
eforr
egi
st
rat
i
onofTr
ade
Uni
on.

7.Explai
nappoi
ntment
,powersandpr
ocedur
eofaut
hor
it
ies(
Inspect
ors)
underpaymentofWagesAct.
.

8.Wr
it
eshor
tnot
eonanyt
wooft
hef
oll
owi
ng:

 Mat
erni
tybenefit
 St
andi
ngor
der
soft
hei
rut
i
li
ty

 I
ndust
ri
alDi
sput
e.

Sol
veanyt
wooft
hef
oll
owi Ma
ng:

 AkshataandCo.i sapubl i
cut i
l
it
yser vi
ceindustrywher eastrike
commenceddur ingthependenc yofconcil
ationproceedingsandt he
workmenpleadthatt hestri
kewaspr ovokedbyempl oy er
.Decide.
 Awast heemploy eeintheLor yofB.Hi sdutieswer etoXandt he
materi
alsontheLor r
yandt ogowi t
hsamef orunloadingthemat eri
al
sat
theworkspot.Whi l
etheLor rywasmovi ngheat t
empt edtohi
tr abbi
t
passi
ngont hereadandi ntheattempthef elldownf r
om thelorryanddi
ed.
Hiswif
ewant st
ocl aim compensat i
on.Adviseher .

 ‘
X’amemberofregi
st
eredTradeUni
onrefusedtocont
ri
butetowardsthe
pol
it
i
calf
undoftr
adeunion.Hewasexpect
edf r
om t
hetradeunionforthe
same.‘
X’chal
l
engest
heexpulsi
onorder
.Decide.

December2018

1.Explain the term ‘Industry’ under the Industrial Disputes Act, 1947.

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2.Expl
ai
nthepr
ovi
si
onsr
elat
i
ngt
oref
erenceofani
ndust
ri
aldi
sput
e.
3.Define‘
Str
ike’
and‘
Lockout
’andwhent
heywi
l
lbecomei
l
legal?
4.Di
scusst
heprocedur
etobef ol
l
owedbytheemployert
omak eanychange
i
nthecondi
t
ionsofser
viceofworkmanunderSec.9AofI
.D.Act
,1947.
5.Di
scussthepower
sandfunct
i
onsofthecommi
ssi
onerundert
he
Employ
ee’sCompensat
i
onAct,1923.
6.Expl
ai
nthesaf
etymeasur
est
akenundert
heFact
ori
esAct
,1948.
7.Expl
ai
nthededuct
ionswhichmaybemadef
rom wagesundert
he
PaymentofWagesAct,1936.
8.Wr
it
eshor
tnot
eonanyt
wooft
hef
oll
owi
ng:

 Appr
opr
iat
eGov
ernment
.
 Wor
kman.
 Gener
alFundofTr
adeUni
on.

9.Sol
veanyt
wooft
hef
oll
owi
ngpr
obl
ems:

 Anemployerdi
smiss
edtheser
viceofaworkmanforami sconduct.
Di
smissedworkmanrai
sedadisput
eunderI.
D.Act,1947.Whet hert
he
di
sput
er ai
sedbyt
heworkmanisanindust
ri
aldi
spute?Di scuss.
 Muni
ci
pal
i
tyappointed“A”asaworkmantorepai
rcl
ocksoft
he
muni
ci
pal
i
ty,whil
erepairi
ngthecl
ock“
A”diedduetol
ight
eni
ngshock
.
Whet
hermunici
pali
tyisli
abl
etopaycompensati
on?

 Employ
eesofRajBhav
anappl
yforregist
rat
i
onofTr
adeUni
on.Regi
st
rat
e
ofTr
adeuni
onref
usesofr
egi
st
er.Decide.

JUNE 2019

1. Define ‘Industrial Dispute’. When an individual dispute becomes an

Industrial dispute ?
2. Explain the impact of Industrial Jurisprudence on Labour Welfare
Legislations.

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3. Discuss the provisions relating to “Retrenchment” under the Industrial

Disputes Act, 1947.
4. Define “Trade Union”. Examine the extent of immunities available to
registered trade union from civil and criminal liabilities.
5. Explain the various authorities provided under the E.S.I. Act, 1948
6. Briefly explain the provisions relating to health under the Factories Act,
1948.
7. Explain the permissable deductions under payment of Wages Act, 1936
8. Write short note on any two of the following :
 Strike
 Maternity benefit
 Lay off
9. Solve any two of the following problems :
 Sumanth a workman while performing the duty of the employer died
due to an accident. It was proved that at the time of accident Sumanth
was under the influence of intoxication. Whether the employer is
liable to pay compensation? Discuss
 The workers of a registered trade union declared illegal strike. Due to
illegal strike employer sustained the loss. Employer filed a suit against
the trade union for the recovery of compensation. Will he succeed?
 Workmen immediately after reporting to duty against the will of the
employer, leave the place of employment to attend the funeral
ceremony of ex-employee. Employer treats the act of the workmen as
illegal strike. Decide.

DECEMBER 2019

1. Define ‘strike’ and ‘lock out’ and distinguish between them.

2. Discuss the provisions relating to ‘Health’ under Factories Act, 1948
3. Define ‘Trade Union’. Examine the extent of immunities available to
registered trade union from civil and criminal liabilities.
4. Write an explanatory note on “Medical Benefit Council” under employees
State Insurance Act.
5. Discuss the definition of ‘Industry’ with the help of decided cases.

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6. Explain the theory of Notional Extension of Employer’s premises, with the

help of decided cases.
7. Define ‘Wages’. Explain the provisions relating to fixation and payment of
wages.
8. Write note on any two of the following :
 Retrenchment.
 Cancellation of registration of trade union
 Labour court
9. Solve any two of the following problems :
 A boy was employed by the factory as tea boy and it was part of his
duty to take tea from the shop which was situated outside the factory
gate to various persons working in the factory. One day when the boy
was coming out of the factory after serving tea to the workers he
passed through a violent mob of factory workers who were leaving the
factory. This mob attacked the police and the police had to fire upon
the mob in self-defence. Unfortunately the boy was severely wounded
by a bullet and died on the following day in the hospital. Now the
mother of the boy claims compensation. Decide by giving reasons.
 37 women are employed in Seema Industries near Narasapur. Since
only 4 women workers were having children below the age of 6 years,
the Manager of the industry refuses to provide creches for the
children. Is the refusal correct ? Quote the relevant provision.
 The workers of a registered trade union declared illegal strike. Due to
illegal strike employer sustained the loss. Employer filed a suit against
the trade union for the recovery of compensation. Will he succeed?
Decide.

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