Semester VI

Paper Title CORE PAPER XIV – INDUSTRIAL LAWS

Max. Marks Internal – 25 Marks ESE Marks – 75 Marks
Instructional Hours / Credits 6 Hours / 4 Credits

UNIT I : FACTORIES ACT 1948

Important Definitions- Adult, Adolescent, Child, Young Person, Hazardous Process, Manufacturing
Process, Factory, Worker, Occupier, Prime Mover, Transmission Machinery
Health – Safety – Welfare Measures Working Hours of Adults – Employment of Women – Employment of
Young Persons - Rules regarding Annual Leave, Statutory Authorities – Inspecting Staff, Certifying
Surgeons, Welfare Officer, Safety Officer

UNIT II : EMPLOYEES’ STATE INSURANCE ACT, 1948

Application of the Act. – Definitions – Appropriate Government , Confinement, contribution,
Dependent, Employment Injury, Principal Employer, Immediate Employer, Family, Disablement, Seasonal
Factory, E.S.I. Corporation – Administrative Wings of the Corporation, E.S.I. Fund - Contributions –
Benefits under the Act, Statutory Authority under the Act – ESI Court

UNIT III : EMPLOYEES’ PROVIDENT FUND AND MISCELLANEOUS PROVISIONS ACT, 1952
Application of the Act. – Definitions – Basic wages, Controlled industry, Exempted Employee,
Exempted Establishment, Member, Insurance Fund, Pension Fund, Superannuation
Schemes –Employees Provident Fund Scheme – Employees’ pension scheme – Employees’ Deposit linked
Insurance scheme- Transfer of Accounts, Determination of Money due – Mode of Recovery of money due

UNIT IV : INDUSTRIAL DISPUTES ACT 1947

Definitions – Strikes and Lock-outs – Lay-off & Retrenchment – Authorities under the Act and
their duties – Procedures and Powers of Authorities

UNIT V : THE WORKMEN COMPENSATION ACT 1923

Object & Scope of the Act – Definitions – Employer’s liability for Compensation (Section 3)
including Theory of Notional Extension & Occupational Diseases – Defenses available to Employer –
Compensation – Notice & Claim – Medical Examination
PATTERN OF QUESTION PAPER
Par Total Questions Questions to be Answered Marks per Total
t Question Marks
A 12 10 2 20
B 7 5 5 25
C 5 3 10 30
Maximum Marks for End Semester External Examination 75
REFERENCE BOOKS:
1. N.D.Kapoor – Industrial Law.
2. P.C.Tripathi - Industrial Law.
3. Dr.M.R.Sreenivasan - Industrial Law.
 Note: Latest edition of the books to be referred
QUESTION BANK
III B.COM (CORPORATE SECRETARYSHIP) – SEMESTER-VI
INDUSTRIAL LAW
UNIT – I

PART - A

1. Discuss the essential elements of a ‘factory’ under the Factories Act, 1948
2. Define the following terminologies
(a) Competent Person (b) Occupier (c) Power
3. What do you mean by Manufacturing Process? Bring out the exceptions to the
manufacturing process.
4. Who is the statutory agency for the enforcement of the Act? Who are the
responsible officers under the Act?
5. State the provisions of Factories Act relating to employment of Women and
employment of young person
6. Who is a certifying Surgeon? What is the role of certifying surgeon under Factories
Act?
7. Bring out the general duties of the occupier?
8. Define hazardous process.
9. State the role of welfare officers?
10.Who is an Adult? State the provisions relating to his working hours.
11.What is the role of the safety officers?
12.Who are an adult, adolescent and child? State the duration of hours of work
prescribed for each of them?
13.List out the Measures to be taken by Factories for Health, Safety and welfare of
the workmen.
14.What are dangerous operations?
15.State the statutory conditions prescribed for employment of women?
16.What are the penalties for non-compliance of provisions under the act?

PART – B

17.What are the Health measures suggested by the Factories Act

18.“Safety of the Men and Machines is of Primary importance in a Factory”
Explain the above statement with relevance to the provisions of Factories Act
19.State the rules regarding working hours of Adults, Women and young persons.
20.Discuss and explain briefly health, safety and welfare measures adopted under
the factories act, 1948.
21.Write short notes on:
(a) Self-acting machines (c) Canteen
(b) Creches (d) Precaution in case of fire.
 22.Describe the special privileges granted to young person and women under the
factories act?

UNIT – II

PART – A

1. Write a note on Applicability of the ESI Act

2. Define the following terms as used in the ESI Act,1948:
(a) Appropriate Government (e) Contribution
(b) Dependent (f) Employment Injury
(c) Employee (g) Principal Employer
(d) Family
3. Define the term disablement under ESI Act. Also, bring out explain the types of
disablement.
4. Write short notes on
5. (a) Establishment and Constitution of ESI corporation.
(b) Powers of ESI Corporation
(c) Wings of the Corporation
6. Bring out the importance of standing committee and Medical benefit council.
7. What are the powers and duties of the standing committee and Medical benefit
council
8. What is ESI fund? What are the purposes of for which the fund may be expended?
9. What do you mean by contribution? Who has to pay to the ESIC? State the
methods of payment of Contribution to ESIC.
10.State the general provisions regarding benefits under ESI Act,1948 ?
11.State the provisions of ESI Act relating to
(a) Sickness benefit (c) Maternity benefit (e) Disablement benefit
(b) Dependants’ benefit (d) Medical benefit (f) Funeral expenses.
12.Do you have any adjudicating authority under ESI Act? If yes, State the
constitution and the powers of such authority.

PART – B

13.Discuss the scope and applicability of the ESI Act.

14.Explain how the Employee’s State insurance Fund is established? What are the
contributions to it? What are the purposes for which the ESI fund may be
expended.
15.Describe the manner in which the contributions have been made payable and
recoverable under the ESI Act, 1948.
16.What are the functions of Standing Committee
17.State the provisions relating to employer contribution and employee contribution
to E.S.I. Funds.
18.What are the benefits extended to employees under the E.S.I. Act?
 UNIT – III

PART – A

1. Write a note on Application of the EPF Act,1952.

2. Bring out the scope and object of the Employee’s Provident Funds and
Miscellaneous Provisions Act, 1952.
3. Define the following terms as used in the Employee’s Provident Funds and
Miscellaneous Provisions Act, 1952:
(i) Basic wages,
(ii) Exempted employee,
(iii) controlled industry,
(iv) occupier of a factory.
(v) Pension fund
(vi) Superannuation
4. Explain how the Employees’ provident Fund is established? What are the
contributions made to Employee’s provident Fund ?
5. Explain how Employees’ Pension fund is established.
6. Discuss how the Employees’ Deposit linked insurance fund is established.
7. What are the establishments may be exempted from the operation of the
Employee’s Provident Funds Scheme 1952?
8. What are the rules and as to payment and recovery of contributions by an
employer?
9. Write short notes on:
(i) Priority of payment of contributions over debts,
(ii) mode of payment of contributions, executive committee.
10. Write a note on Transfer of Accounts. Also,Explain the liability of an employer in
case of Transfer of account .

PART – B

11.Discuss the scope and applicability of the EPF Act,1952

12.Write a note on the Schemes under the EPF Act,1952
13.Discuss how Employees Provident Fund is established and what are the
contributions made to it?
14.Explain the operation of Employee’ s Pension scheme and fund
15.Explain the operation of Employees’ Deposit linked insurance scheme and fund
16. Sec.16 of the Employee’s Provident Funds and Miscellaneous Provisions Act, 1952
exempts certain establishments from its application. What are these?
17. Under the Employee’s Provident Funds and Miscellaneous Provisions Act, 1952,
what sums get priority of payment over other debts?
 UNIT – IV

PART – A

1. Define the term Industry

2. Define the following under the Industrial Disputes Act,1947
(a) Employer (d) Industrial establishment (g) Lay-off
(b) Lock out (e) Public utility service (h) Industry
(c) Strike (f) Retrenchment (i) Nature of undertaking
3. Define Industrial Dispute.
4. How would you decide a dispute is individual dispute or industrial dispute?
5. State the different between industrial and individual dispute?
6. What do you mean by Public Utility Service?
7. What is meant by continuous service?
8. Define unfair labour practices.
9. Bring out the authorities under the Industrial Disputes Act.
10.What is Works Committee? What are its powers?
11.What are the duties of Conciliation officers
12.What are the duties of Board of Conciliation
13.What are the powers Labour Court? List out the matters referred to it.
14.What are the powers of Industrial Tribunal? List out the matters referred to it.
15.What are the powers of National Tribunal List out the matters referred to it.
16.What do you mean by Strike? What are the different types of strike?
17.Distinguish between a Strike and Lock out
18.What are the penalties for strikes and lockouts
19.What are the remedies available under the act for stopping the strike?
20.Why workers indulge in strike? Why employers desire to lock-out the premises?
21.Distinguish between Lay off and Retrenchment
22.What are the conditions precedent to retrenchment of workmen
23.Discuss the procedure for retrenchment and re-employment of retrenched
workmen

PART – B

24.When government, carrying on business activities as a welfare measure, should

also be regarded as industry?
25.Briefly state the forums (authorities to hear grievances of workers) envisaged
under the industrial disputes act?
26.Explain the constitution of Conciliation officers and Board of Conciliation.
27.State the procedure with regard to lay-off. Discuss the right of workmen laid off for
compensation. Explain under what Circumstances lay-off compensation need not
be paid?
28.State the procedure with regard to retrenchment. Is there any exceptions to the
rule last come first go?
29.A lock-out during the pendency of illegal strike, and strike on account illegal lock-
out is not unlawful – discuss?
 30.Strike and lock-out do not sever the employer employee relationship in an
industrial establishment – comment?
UNIT – V

PART – A

1. Discuss the object and scope of Workmen Compensation Act

2. Define the following terms :
(a) Partial Disablement (b) Total disablement (c) Wages (d) Workman

(e) Dependant (f) Employer (g) Occupational diseases

(h) Dependent
3. Define Disablement. Discuss its types
4. When an employer is liable for compensation under the WC Act.
5. Explain the term “Arising out of employment” and the term “In the course of
employment”
6. What do you mean by “Theory of notional extension”
7. What is an occupational disease?
8. Define medical examination. When it is carried?
9. What are the defenses available to employers for payment of compensation
10.Explain how compensation for various disablements is calculated?
11.Discuss the provisions of WC Act relating to payment of compensation in case of
Employment by contracting.
12.When the compensation is to be paid U/s. 4-A of the WC Act

PART –B

13.Briefly explain the scope and need of workmen compensation act?

14.Discuss the employer liability compensation including theory of national extension
and occupational diseases?
15.Explain the term “Arising out of and in the course of employment”
16.What is “Theory of notional extension”? When it is applied? Explain with
reference to the relevant case laws.
17.Explain the methods of calculating compensation claim
18.Write a detailed note on Notice and Claim
19. Discuss the rules relating to Medical examination
 D.G.VAISHNAV COLLEGE, CHENNAI-106
DEPARTMENT OF CORPORATE SECRETARYSHIP

ASSIGNMENT QUESTIONS
SEMESTER – VI
SUBJECT: INDUSTRIAL LAWS
ASSIGNMENT NO. 1
LAST DATE OF SUBMISSION : 17-12-2018

ANSWER ALL THE QUESTIONS

1. Discuss in detail the Safety and welfare measures under the Factories Act.

2. Describe the special privileges granted to young person and women under the

factories act?

3. Write short notes on the following

(a) Premises and Precincts (b) ‘Occupier’ under the Factories Act, 1948

4. (a) State the rules as to employer’s and employee’s contributions as provided

in the ESI Act,1948.

(b) Muskan Theatre is maintaining a canteen and a cycle stand through

private contractors. Regional Director, ESI Corporation sent notices to the

management of the theatre for contribution of the employees engaged in the

canteen and cycle stand. The management contends that they are not

employees but are the workmen of the contractor. Hence, the management is

not liable. Will the management succeed in its contention?

5. Discuss the provisions of Employees Provident Fund and Miscellaneous

provisions Act relating to the following:

 Application of the Act

 Establishment of Employee’s provident fund

 Contributions to the fund

 Employees’ pension Scheme and fund

 Employees’ Deposit-linked insurance scheme and fund

 D.G.VAISHNAV COLLEGE, CHENNAI-106
DEPARTMENT OF CORPORATE SECRETARYSHIP

ASSIGNMENT QUESTIONS
SEMESTER – VI
SUBJECT: INDUSTRIAL LAWS
ASSIGNMENT NO. 2
LAST DATE OF SUBMISSION : 28-01-2019

ANSWER ALL THE QUESTIONS

1. Distinguish between any two of the following:
(i) ‘Lay-off’ & ‘lock-out’ under the Industrial Disputes Act, 1947.
(ii) ‘Arbitration’ & ‘adjudication’ of disputes under Industrial Disputes Act
2. Explain in detail the forums to hear grievances of workers envisaged under
the industrial disputes act
3. (a) An employer is running an industry where readymade garments are
manufactured and 200 workmen are employed. He desires to retrench 30 of
its workmen. What steps should be taken the employer to lawfully retrench
them, who had put in more than one year of continuous service in the
industry?
(b) Rajat, a workman in a factory, had no vision in his left eye but the defect
was not visible. Later, during welding operations, accidentally, a spark hit his
blind eye. He lost his eye-ball and the blindness became visible. Though,
there was no physical disability, he lost his employment because the defect
became visible. Has the accident caused any disablement? Is the employer
liable to pay any compensation?
4. Discuss how the compensation under the Workmen compensation Act is
calculated and disbursed.
5. Read the case given below and answer the questions given at the end in the
light of statutory provisions and judicial decisions.

CASE

Indian General Navigation and Railway Co. Ltd. carries on a business of inland
water transport and maintain a huge number of wharves, jetties, godowns, etc.,
at different river stations in India. One such set is at Dhubri in Assam, where
many workmen are employed. These men load and unload the Company’s vessels
and help to transship goods from railway wagons to vessels and vice versa. Th e
company was a public utility concern and the persons employed therein were
"workmen" under the Industrial Disputes Act, 1947. There were two unions of
workmen in the establishment.

On 31.10.2016 both the unions gave a notice demanding 20 percent bonus and
two months average total wages as ex gratia for the accounting year 2014-15. The
Company rejected the demand. Thereupon workmen resorted to various acts of
indiscipline, go-slow and persistent refusal to work overtime. As a result of which
the Company dismissed eight employees, after framing charges against them and
after giving each an opportunity to be heard.

On 15.11.2016 both unions served strike notices on the company. The

Conciliation Officer interfered but no settlement was arrived at between the
company and the Unions. He accordingly sent a failure report to the appropriate
government. In the meantime during the tendency of conciliation before the
Conciliation Officer a large number of workmen went on strike on 26.11.2016.
They forcibly entered the Company’s jetties and other working places, and
obstructed the work of loyal workmen. On 27.11.2016 the District Magistrate
issued an order under the Code of Criminal Procedure to maintain law and order.
The Company declared a lockout in the same day. On 10.12.2016 the Unions
called off the strike. The Company lifted the lockout on 15.12.2016. The
Company dismissed those workmen whom it claimed to have obstructed the loyal
workmen during the strike. On 21.12.2016, 37 workmen were convicted for
violation of the order of the District Magistrate. On 22.12.2016 the Company
dismissed them.

Questions:
a) Can the company legally dismiss workmen for adopting go-slow tactics? Of so,
briefly state the procedure.
b) Is the strike declared by the workmen on 26.11.2016 legal?
c) Are the workmen entitled to wages for the period of strike and lock-out.
d) Is the order of dismissal make by the Company on 22.12.2016 a day after the
conviction by the District Magistrate, legal.
e) What is the remedy open to workmen aggrieved by the order of dismissal by the
Company under the Industrial Disputes Act, 1947?