KSLU Solved Question Papers
Labour Law I
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 5
2021 Mar (70 marks) Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 5 Labour Law I 2021 Mar (70 marks) Question Paper with Solutions
First published on munotes.in on 2 November 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2021 Mar (70 marks) examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2021 Mar (70 marks) examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2021 Mar (70 marks) 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.
Total marks 70 · 14 questions answered
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.
Q1Explain the powers and functions of the various authorities created under the Industrial Disputes Act, 1947.[10]
Answer
For full marks, cover: why the Industrial Disputes Act 1947 creates many authorities and how they fall into two families; the bodies that prevent disputes or help settle them: Works Committee (section 3), Grievance Redressal Committee (section 9C), conciliation officers (section 4), Boards of Conciliation (section 5), Courts of Inquiry (section 6); the bodies that decide disputes: Labour Courts (section 7), Industrial Tribunals (section 7A), National Tribunals (section 7B), with their qualifications and disqualifications (section 7C), and voluntary arbitrators (section 10A); their powers (sections 11 and 11A) and duties (sections 12 to 15); the cases on their character and powers (Bharat Bank, Firestone Tyre, Gujarat Steel Tubes); a table; the Industrial Relations Code 2020; a conclusion.
Why so many authorities
Industrial disputes are best prevented, next best settled by agreement, and decided by an outside authority only as a last resort. The 1947 Act provides an authority for each stage. They fall into two families.
Family 1: prevention and settlement
Works Committee (section 3). In an establishment with one hundred or more workmen, the appropriate Government may require the employer to set up a Works Committee. It has representatives of the employer and of the workmen, and the workmen's representatives are never fewer. They are chosen in consultation with the registered union, if any. Its duty is to promote amity and good relations, comment on matters of common interest, and try to compose material differences.
Grievance Redressal Committee (section 9C, added in 2010). Every establishment with twenty or more workmen must have one or more such committees for individual grievances. Members come equally from the employer and the workmen, not more than six in all. The chair rotates yearly between the two sides, and a woman member is included as far as practicable. It should finish within thirty days. A workman's right to raise an industrial dispute is not affected.
Conciliation officers (section 4). The Government appoints them to mediate in and promote the settlement of disputes, for an area or particular industries. Conciliation is compulsory in public utility services once a strike notice is given (section 12(1)). The officer reports a settlement, or the reasons for failure, within fourteen days (section 12).
Boards of Conciliation (section 5). The Government may constitute a Board for a dispute, with an independent chairman and two or four members representing the parties equally. It reports within two months (section 13).
Courts of Inquiry (section 6). The Government may constitute a Court of one or more independent persons to inquire into any matter connected with a dispute. It reports, usually within six months (section 14). It finds facts; it does not decide the dispute.
Family 2: adjudication
Labour Courts (section 7). A Labour Court is one person, appointed by the appropriate Government. It decides disputes on matters in the Second Schedule, such as dismissal, discharge, reinstatement, the application of standing orders and the legality of strikes. The presiding officer must be or have been a High Court Judge, or a District or Additional District Judge for three years. A judicial officer of seven years' standing also qualifies. Since 2010, senior labour officers with a law degree and long service may also qualify.
Industrial Tribunals (section 7A). A Tribunal is also one person. It decides disputes on matters in the Second or Third Schedule, including wages, allowances, hours, leave, bonus, retrenchment and closure. The presiding officer must be or have been a High Court Judge or a District Judge for three years. Since 2010 a qualified senior labour officer may also be appointed. The Government may appoint two assessors to advise.
National Tribunals (section 7B). The Central Government constitutes them for disputes of national importance, or disputes affecting establishments in more than one State. The presiding officer must be or have been a High Court Judge. Two assessors may advise.
Disqualifications (section 7C). No one may be appointed to or continue as presiding officer of any of these if he is not an independent person. Nor may anyone who has reached sixty-five.
Voluntary arbitrators (section 10A). The parties may, by written agreement before a reference, refer a dispute to an arbitrator of their choice, even a presiding officer.
Powers and duties
- Civil court powers (section 11). Boards, Courts of Inquiry, Labour Courts, Tribunals and National Tribunals have certain powers of a civil court. They may enforce attendance, examine witnesses on oath, compel production of documents and issue commissions.
- Entry and inspection. Conciliation officers and other authorities may enter premises occupied by an establishment to which the dispute relates.
- Relief in dismissal cases (section 11A). A Labour Court, Tribunal or National Tribunal may set aside a discharge or dismissal, order reinstatement, or give lesser relief, including a lighter punishment.
- Duty to decide promptly (section 15). Adjudicators must hold proceedings expeditiously and submit their award within the period fixed in the reference.
The cases
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. The Supreme Court held, by majority, that a Tribunal discharges functions very like a court's, though it is not a court. So the Supreme Court may grant special leave against its award under Article 136, though it will be reluctant to do so.
Workmen of Firestone Tyre and Rubber Co. of India (P) Ltd. v. Management, (1973) 1 SCC 813. The case concerned section 11A, inserted in 1971. The Supreme Court held that even where a domestic inquiry found misconduct, a Labour Court or Tribunal may reappraise the evidence. It may decide for itself whether the finding is justified, and may alter the punishment.
Gujarat Steel Tubes Ltd. v. Gujarat Steel Tubes Mazdoor Sabha, (1980) 2 SCC 593. After a strike the management discharged workmen en masse, and the dispute went to arbitration under section 10A. The Supreme Court held that an arbitrator under section 10A may also use the section 11A power to review the punishment.
At a glance
| Authority | Section | Constituted by | Function |
|---|---|---|---|
| Works Committee | 3 | employer, on Government order | amity, prevention |
| Grievance Redressal Committee | 9C | employer | individual grievances |
| Conciliation officer | 4 | appropriate Government | mediation |
| Board of Conciliation | 5 | appropriate Government | mediation by a board |
| Court of Inquiry | 6 | appropriate Government | fact-finding |
| Labour Court | 7 | appropriate Government | adjudication, Second Schedule |
| Industrial Tribunal | 7A | appropriate Government | adjudication, Second and Third Schedules |
| National Tribunal | 7B | Central Government | disputes of national importance |
| Arbitrator | 10A | the parties | adjudication by agreement |
Where the law stands now
The 1947 Act was repealed on 21 November 2025 by section 104 of the Industrial Relations Code 2020. The Code keeps the Works Committee (section 3), the Grievance Redressal Committee (section 4) and conciliation officers (section 43). It also keeps Industrial Tribunals (section 44), National Industrial Tribunals (section 46) and voluntary arbitration (section 42). Boards of Conciliation, Courts of Inquiry and Labour Courts are dropped. Under section 104(1A), the old Labour Courts and Tribunals continue until the Code's bodies are functional.
Conclusion. The 1947 Act provided two families of authorities. Works Committees, Grievance Redressal Committees, conciliation officers, Boards and Courts of Inquiry prevented disputes or helped settle them. Labour Courts, Tribunals, National Tribunals and arbitrators decided them. The adjudicators had civil court powers and, under section 11A, power to review dismissals, as Firestone Tyre and Gujarat Steel Tubes hold. Their decisions were judicial in character, as Bharat Bank recognised.
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