KSLU Solved Question Papers
Labour Law I
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 5
2012 Jan Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 5 Labour Law I 2012 Jan Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2012 Jan examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2012 Jan examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2012 Jan examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all questions. (2) One essay type and one short note question or problem from each Unit have to be attempted, which is referred as Part (a) & (b) in all Units. (3) Answers should be written either in English or Kannada completely. (4) Figures to the right indicate marks.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)Explain the provisions of the Industrial Disputes Act, 1947 relating to award.[15]
Answer
For full marks, cover: the award as the end point of adjudication; its definition and kinds (section 2(b) of the Industrial Disputes Act 1947: interim or final; by a Labour Court, Tribunal or National Tribunal; arbitration awards); the life of an award in stages: making (reference and time limit, sections 10(2A) and 15; procedure and powers, section 11; relief in dismissal cases, section 11A), form and publication (sections 16 and 17; Sirsilk), finality and review (section 17(2); Bharat Bank), commencement (section 17A) and wages pending challenge (section 17B), binding effect (section 18(3)), duration and ending (section 19(3) to (7); D.J. Bahadur), interpretation (section 36A), enforcement (sections 29 and 33C), and replacement by a settlement (Herbertsons); a table; the Industrial Relations Code 2020; a conclusion.
The award in the scheme of the Act
The Act tries first to settle a dispute by agreement. When that fails, the dispute is adjudicated, and the result is an award. The award fixes the rights of employer and workmen with the force of law.
Definition and kinds: section 2(b)
An award is "an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal". It "includes an arbitration award made under section 10A".
- Final award. It decides the whole dispute.
- Interim award. It decides part of the dispute, or grants interim relief, while the rest is pending.
- Arbitration award. It is made by an arbitrator chosen by the parties under section 10A.
Stage 1: making the award
- Reference and time. The adjudicator takes up a dispute on the Government's reference (section 10), or a dismissed workman's direct application (section 2A(2)). The reference fixes the time for the award (section 10(2A)). For an individual workman's dispute it may not exceed three months, though it may be extended for reasons. The adjudicator must act "expeditiously" and submit its award within that time (section 15).
- Procedure and powers (section 11). It follows the procedure it thinks fit, subject to rules. It has civil court powers to summon witnesses and compel documents. Its proceedings are judicial proceedings, and it may appoint assessors.
- Relief in dismissal cases (section 11A). Where a discharge or dismissal was not justified, it may set it aside and order reinstatement, or substitute a lesser punishment. It relies only on the material on record.
Stage 2: form and publication
- Form (section 16). The award is in writing and signed by the presiding officer.
- Publication (section 17(1)). The Government must publish it within thirty days of receiving it.
The Sirsilk Ltd. v. Government of Andhra Pradesh, AIR 1964 SC 160. The Tribunal sent its award to the Government in September 1957. On 1 October 1957 the parties told the Government they had settled, and asked it not to publish. The Supreme Court held that publication is mandatory. But a settlement and a published award would conflict, so "the only solution is to withhold the award from publication".
Stage 3: finality and review
Subject to section 17A, the published award "shall be final and shall not be called in question by any Court in any manner whatsoever" (section 17(2)). This does not oust the constitutional jurisdiction of the High Courts and the Supreme Court.
Bharat Bank Ltd. v. Employees of Bharat Bank Ltd., AIR 1950 SC 188. A bank sought special leave to appeal against an award of the All India Industrial Tribunal (Bank Disputes). The Supreme Court held that an industrial tribunal performs functions very like those of a court. So an appeal by special leave lies against its award under Article 136. Leave is granted only in exceptional cases.
Stage 4: commencement and wages pending challenge
- Enforceable after thirty days (section 17A(1)). An award becomes enforceable thirty days after publication.
- Government's power. The Government may act where it is itself a party, or for any National Tribunal award. It may then declare on public grounds that the award shall not become enforceable. It may reject or modify the award within ninety days, and must lay its order before the Legislature or Parliament (section 17A(2) and (3)).
- Date of operation (section 17A(4)). The award operates from the date it names, or else from the date it becomes enforceable.
- Wages pending challenge (section 17B). An award may order reinstatement, and the employer may challenge it in a higher court. He must then pay the workman his full last wages while the case is pending.
Stage 5: binding effect: section 18(3)
An enforceable award binds all parties to the dispute and all parties summoned. It binds the employer's heirs, successors and assigns. Where a party is composed of workmen, it binds all persons employed in the establishment on the date of the dispute. It also binds all who join later.
Stage 6: duration and ending: section 19
- One year (section 19(3)). An award remains in operation for one year from the date it becomes enforceable. The Government may shorten the period, or extend it by up to a year at a time, to a total of three years.
- Material change (section 19(4)). If circumstances change materially, the Government may refer the award to the Labour Court or Tribunal to decide whether its period should be shortened.
- One-time awards (section 19(5)). The period rule does not apply to an award imposing no continuing obligation once given effect.
- Continuing force (section 19(6)). After the period ends, the award binds until two months after a party gives notice to end it.
- Who may give notice (section 19(7)). The notice has effect only if given by a party representing the majority of those bound.
Life Insurance Corporation of India v. D.J. Bahadur, (1981) 1 SCC 315. The case concerned bonus under settlements with LIC employees. The Supreme Court held that a settlement binds for its period and after it. Even after notice to end it, its terms govern the parties until a new settlement or award replaces them. Section 19(6) gives an award the same continuing force.
Stage 7: interpretation and enforcement
- Interpretation (section 36A). If a doubt arises about an award's meaning, the Government may refer it to a Labour Court or Tribunal, whose decision is final.
- Recovery (section 33C). Money due under an award may be recovered as arrears of land revenue, or computed by a Labour Court.
- Penalty (section 29). Breach of a binding award is an offence.
Stage 8: replacement by a settlement
Herbertsons Ltd. v. Workmen of Herbertsons Ltd., (1976) 4 SCC 736. While its appeal against an award was pending, the employer settled with the union most workers had joined. The Supreme Court upheld the settlement as fair and just, and substituted it for the award.
At a glance
| Stage | Provision | Rule |
|---|---|---|
| Making | 10(2A), 11, 11A, 15 | within the time fixed; court-like powers |
| Publication | 16, 17 | written, signed, published within 30 days |
| Finality | 17(2) | final, subject to writ and special leave |
| Commencement | 17A | enforceable 30 days after publication |
| Stage | Provision | Rule |
|---|---|---|
| Binding | 18(3) | all parties, successors, present and future workmen |
| Duration | 19(3) to (7) | 1 year, up to 3; then until 2 months after notice |
| Interpretation | 36A | reference to the Labour Court or Tribunal |
| Enforcement | 29, 33C | penalty; recovery |
Where the law stands now
The 1947 Act was repealed on 21 November 2025 by section 104 of the Industrial Relations Code 2020. Award is defined in section 2(e). Under section 55 it is communicated to the parties and the Government, and becomes enforceable thirty days later, with no publication step. Section 56 keeps wages pending challenge, section 57 the binding effect and section 58 the period of operation.
Conclusion. An award is the adjudicator's interim or final determination of an industrial dispute, or an arbitrator's award. It is made within the time fixed, published within thirty days, and becomes enforceable thirty days later. A prior settlement may stop its publication, as Sirsilk holds. It is final, subject to the higher courts' review, as Bharat Bank holds. It binds the parties, their successors and future workmen for a year, extendable to three, and then until ended by notice, as D.J. Bahadur explains. It may be interpreted under section 36A, enforced under sections 29 and 33C, and replaced by a fair settlement, as Herbertsons shows.
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