B.A. LL.B. (Five Years) Sem 5 Labour Law I 2014 Jun Question Paper with Solutions

For full marks, cover: why industrial disputes need a law of their own (the limits of the ordinary law of contract; the cost of stoppages to the public); the importance of the Industrial Disputes Act 1947, point by point: prevention (Works Committees, grievance committees), settlement machinery (conciliation, courts of inquiry, arbitration, adjudication; Bharat Bank; C.P. Sarathy), binding results, control of strikes and lock-outs, security of employment (sections 2A, 11A, 33; Chapters VA and VB), unfair labour practices (Chapter VC), and its wide reach (Bangalore Water Supply); the history: early law, the Trade Disputes Act 1929 and its main defect, Rule 81A of the Defence of India Rules in the war, the Bill of 1946 and the Act of 1947, and the main amendments of 1953, 1956, 1965, 1971, 1976, 1982 and 2010; a time line; the Industrial Relations Code 2020; a conclusion.

1. Conciliation officers and Boards of Conciliation try to bring the parties to agreement (sections 4, 5, 12 and 13).
2. Courts of Inquiry investigate matters connected with a dispute (section 6).
3. The parties may agree to refer their dispute to an arbitrator (section 10A).
4. The Government may refer a dispute for compulsory adjudication (section 10). It goes to a Labour Court, an Industrial Tribunal or a National Tribunal (sections 7, 7A and 7B).

State of Madras v. C.P. Sarathy, AIR 1953 SC 53. Employees of cinema houses in Madras City raised demands, and the Government referred the dispute to a Tribunal. The managing director of one cinema was prosecuted for not obeying the award. The Supreme Court upheld the reference. A reference may be made where a dispute exists or is only apprehended. In making it, the Government performs an administrative act.

3. While proceedings are pending, the employer may not change service conditions or punish workmen concerned without permission (section 33).
4. Laid-off and retrenched workmen receive compensation (Chapter VA). In large establishments, lay-off, retrenchment and closure need the Government's prior permission (Chapter VB).

6. Fair dealing. Unfair labour practices by employers, workmen and unions are prohibited and punishable (Chapter VC, Fifth Schedule).

7. A wide reach.

Bangalore Water-Supply and Sewerage Board v. R. Rajappa, AIR 1978 SC 548. A statutory board supplying water claimed it was not an "industry", so that the Act did not apply. A seven-Judge Bench held the Board an industry under its triple test. Systematic activity, organised by co-operation between employer and employee, producing goods or services, is prima facie an industry. Profit motive is irrelevant. So the Act's protection reaches very many workplaces.

4. The Industrial Disputes Act 1947. The Bill of 1946 embodied the essential principles of Rule 81A, and kept most of the 1929 Act. It added two new bodies: Works Committees and Industrial Tribunals. Conciliation became compulsory in public utility services and optional elsewhere. A settlement reached in conciliation became binding, and strikes and lock-outs were barred during proceedings. The Act received assent on 11 March 1947. It came into force on 1 April 1947.

5. The main amendments.

1. 1953 (Act 43 of 1953). Chapter VA gave compensation for lay-off and retrenchment, from 24 October 1953.
2. 1956 (Act 36 of 1956). It created the three tiers of Labour Courts, Industrial Tribunals and National Tribunals, from 10 March 1957.
3. 1965 (Act 35 of 1965). Section 2A made an individual dismissal an industrial dispute, from 1 December 1965.
4. 1971 (Act 45 of 1971). Section 11A let adjudicators review punishments, from 15 December 1971.
5. 1976 (Act 32 of 1976). Chapter VB required permission for lay-off, retrenchment and closure in large establishments, from 5 March 1976.

Where the law stands now

The Industrial Relations Code 2020 came into force on 21 November 2025. Section 104 repealed the Trade Unions Act, the Standing Orders Act and the Industrial Disputes Act. The Code keeps the same scheme. It has grievance committees (section 4), conciliation (section 43) and strike rules (section 62). Disputes go to Industrial Tribunals and a National Industrial Tribunal (sections 44 and 46). It drops the separate Labour Court.

Conclusion. Industrial disputes legislation matters because ordinary contract law cannot keep industrial peace or protect workers' jobs. The 1947 Act prevents disputes, settles them through conciliation and adjudication, and makes the results binding. It controls strikes and lock-outs, and protects workers' employment. Bharat Bank, C.P. Sarathy and Bangalore Water Supply show its machinery and reach. It grew from the 1929 Act and wartime Rule 81A, and was strengthened by amendments from 1953 to 2010. The Industrial Relations Code 2020 now carries it forward.