KSLU Solved Question Papers
Labour Law I
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 5
2022 Mar Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 5 Labour Law I 2022 Mar 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 2022 Mar examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2022 Mar examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2022 Mar 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 80 · 20 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.
Q1
(a)Explain factors responsible for departure of old theory master and servant.[10]
Answer
For full marks, cover: the old theory of master and servant (employment as a private contract; freedom of contract; hire and fire; the master's control, the test that survives in Dharangadhara); the factors that forced the law away from it: the factory system and its dangers; the unequal bargaining power behind the "free" contract; the rise of trade unions and collective bargaining; the need for industrial peace; social security in place of fault; the International Labour Organisation; the welfare State and the Constitution's Directive Principles and fundamental rights (Articles 21, 23, 38, 39, 41 to 43A; PUDR, Consumer Education and Research Centre); the courts' beneficial approach (Hospital Mazdoor Sabha); what the new law looks like (status in place of contract) in a table; the Labour Codes; a conclusion.
The old theory
Under the old common law, employment was a private contract between a master and a servant. Three ideas defined it.
- Freedom of contract. The parties fixed wages and hours as they pleased. The law did not interfere.
- Hire and fire. The master could dismiss the servant on notice, or with wages in lieu, for any reason or none. The servant had no right to keep his job.
- Control. The master directed not only what work was done, but how it was done. That control was the mark of the relationship.
The idea of control still survives, but only to identify who is an employee.
Dharangadhara Chemical Works Ltd. v. State of Saurashtra, AIR 1957 SC 264. Salt was made on the company's land by agarias, who worked with their families, were paid by the maund and kept no fixed hours. The question was whether they were workmen or independent contractors. The Supreme Court held them workmen. The test is whether the employer has the right to control not merely what work is done, but the manner of doing it.
Everything else in the old theory has given way. These are the factors responsible.
Factor 1: the factory system
Large factories brought thousands of workers together under machines, long hours and dangerous conditions. Accidents, disease and child labour followed. A contract between one worker and a large employer could not deal with these, so the State had to set minimum standards by law. The Factories Act 1948 now fixes hours, health, safety and welfare.
Factor 2: unequal bargaining power
The old theory assumed two equal parties. In fact a single worker, needing work to live, had to accept whatever terms were offered. "Freedom of contract" became freedom for the stronger party. Laws on minimum wages, payment of wages and standing orders put a floor under the contract that the parties cannot go below.
People's Union for Democratic Rights v. Union of India, AIR 1982 SC 1473. Workers on the 1982 Asian Games projects in Delhi were paid less than the minimum wage by contractors. The Supreme Court held that paying less than the minimum wage, where economic compulsion leaves the worker no choice, is forced labour under Article 23. The principal employer as well as the contractor was bound. The worker's apparent consent counted for nothing.
Factor 3: trade unions and collective bargaining
Workers answered their weakness by combining. At common law, such combinations could be criminal conspiracies or civil wrongs. The Trade Unions Act 1926 gave registered unions legal status and immunities. Collective agreements and settlements now fix terms for whole groups of workers, in place of individual contracts.
Factor 4: industrial peace
Strikes and lock-outs harm the public, not only the parties. So the State created machinery for conciliation and adjudication in the Industrial Disputes Act 1947. An award can impose terms that neither party agreed to, and section 11A lets a Tribunal set aside a dismissal and order reinstatement. That is the end of "hire and fire".
Factor 5: social security in place of fault
Under the old theory, an injured servant had to sue his master and prove negligence, against defences such as contributory negligence. The Workmen's Compensation Act 1923 gave him a no-fault right to compensation beside that suit. The Employees' State Insurance Act 1948 added insurance against sickness, maternity and injury. The risks of work are now spread across employers and society.
Factor 6: the International Labour Organisation
The ILO, set up in 1919, adopted conventions on hours, rest, minimum age and compensation, among others. India ratified many of them and shaped its laws accordingly. Labour standards became a matter of international concern, not just private bargain.
Factor 7: the welfare State and the Constitution
The Constitution rejects the old theory. The Directive Principles require the State to secure "just and humane conditions of work and for maternity relief" (Article 42). They also require "a living wage" and a decent standard of life (Article 43), and workers' participation in management (Article 43A). Article 39(e) requires that "the health and strength of workers" are not abused. Fundamental rights protect workers too.
Consumer Education and Research Centre v. Union of India, (1995) 3 SCC 42. Workers in asbestos industries were suffering from asbestosis. The Supreme Court held that a worker's right to health and medical aid, in service and after retirement, is a fundamental right under Article 21. It directed health records, compulsory health insurance and compensation.
Factor 8: the courts' beneficial approach
The courts read labour laws in favour of the worker, as social welfare legislation.
State of Bombay v. Hospital Mazdoor Sabha, AIR 1960 SC 610. Ward servants of the State's J.J. Group of Hospitals were retrenched without compensation. The Supreme Court held the hospitals an industry, so the workers were protected. Profit motive and invested capital were not essential. Welfare activities of the State were not outside the Act merely because the State ran them.
Old theory and new law compared
| Point | Master and servant | Modern labour law |
|---|---|---|
| Source of terms | the individual contract | statute, standing orders, settlements and awards |
| Wages | whatever is agreed | minimum wages, protected payment, bonus |
| Dismissal | at will, on notice | for cause, after inquiry, reviewable under section 11A |
| Injury | suit for negligence | no-fault compensation and insurance |
| Point | Master and servant | Modern labour law |
|---|---|---|
| Workers' voice | none | trade unions, collective bargaining |
| Basis | private bargain | social justice and the Constitution |
Where the law stands now
The four Labour Codes, in force from 21 November 2025, carry this change further. They consolidate twenty-nine central laws on wages, industrial relations, social security and safety. They keep the floor of rights, while simplifying registration, inspection and compliance.
Conclusion. The old theory treated employment as a private contract, with freedom of contract and the right to hire and fire. The factory system, the worker's weak bargaining position and the rise of trade unions forced it aside. So did the need for industrial peace, no-fault social security, the ILO and the welfare State built into the Constitution. Today only the old test of control survives, as Dharangadhara shows. The rest is a status protected by law, as PUDR and Consumer Education and Research Centre show.
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