KSLU Solved Question Papers
Labour Law II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 6
2019 Dec (100 marks) Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 6 Labour Law II 2019 Dec (100 marks) Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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Contents
The questions below are the paper as Karnataka State Law University set it at the 2019 Dec (100 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 2019 Dec (100 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.
Duration 3 hours · Total marks 100 · 13 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 salient features of the Bonded Labour system (Abolition) Act, 1976 with the help of decided cases.[16]
Answer
For full marks, cover: the object of the Bonded Labour System (Abolition) Act 1976 (Article 23; the Ordinance of 1975; deemed in force from 25 October 1975); the wide definition of the "bonded labour system", the customary forms, "nominal wages" and the 1985 extension to contract and migrant labour (section 2); the salient features: abolition (section 4), agreements void (section 5), bonded debts extinguished and property restored (sections 6 and 7), no eviction from the homestead (section 8), no acceptance of payment (section 9), the District Magistrate's duties (sections 10 to 12), Vigilance Committees (sections 13 and 14), burden of proof on the creditor (section 15), offences, summary trial, cognizable offences and the bar on civil courts (sections 16 to 25); overriding effect (section 3); abetment and company liability (sections 20, 23); rehabilitation and the 2021 scheme's figures; the constitutional base (Articles 21, 23, 39(e)); the cases (Bandhua Mukti Morcha, Neeraja Chaudhary, PUDR); a table; a conclusion.
The object
Bonded labour is a system in which a person works for a creditor to repay a loan, or because of custom or caste. It often lasts for years, sometimes for generations. He gets no wages or only nominal wages, and he loses his freedom to leave. Article 23 of the Constitution prohibits traffic in human beings, begar and other forms of forced labour. The Bonded Labour System (Abolition) Ordinance 1975 was replaced by the Bonded Labour System (Abolition) Act 1976, deemed in force from 25 October 1975. Its long title says it abolishes the system "with a view to preventing the economic and physical exploitation of the weaker sections of the people".
A wide definition
- Bonded labour system (section 2(g)). A system of forced or partly forced labour. It may arise from an advance, a customary or social obligation, succession, an economic consideration, or birth in a caste or community. Under it the debtor agrees to do one or more of four things. He renders labour without wages or for nominal wages. He forfeits his freedom of employment. He forfeits his freedom to move. He forfeits the right to sell his property or produce at market value.
- Agreement presumed (section 2(b)). For customary forms such as Jeetha, Vetti, Hali, Paleru and Bhagela, the agreement is presumed.
- Nominal wages (section 2(i)). A wage less than the minimum wage, or, where none is fixed, less than the wage normally paid in the locality.
- Contract and migrant labour (Explanation added in 1985). Contract labour and inter-State migrant workmen working in such conditions are under the bonded labour system.
The salient features
1. Abolition (section 4). On commencement the system stands abolished and every bonded labourer is freed. No one may make a bonded advance or compel bonded or forced labour.
2. Agreements and customs void (section 5). Any custom, tradition, contract or instrument requiring bonded labour is void.
3. Debts extinguished (section 6). Every obligation to repay a bonded debt is extinguished. No suit lies to recover it, and pending suits stand dismissed. Decrees are treated as satisfied, attachments vacated and bonded labourers in civil prison released.
4. Property restored (section 7). Property mortgaged for a bonded debt is freed and restored, with mesne profits for delay.
5. No eviction (section 8). A freed labourer may not be evicted from the homestead he occupied as part of the bargain. If he is, the Executive Magistrate restores him.
6. No payment on extinguished debts (section 9). A creditor who accepts payment is punishable with up to three years' imprisonment and a fine. He may be ordered to refund the money.
7. The District Magistrate (sections 10 to 12). The State may give him powers to enforce the Act. He must protect the freed labourer's economic interests so that he need not borrow again. He must inquire whether bonded labour exists in his district and act to end it.
8. Vigilance Committees (sections 13 and 14). At district and sub-division level, chaired by the magistrate, with Scheduled Caste and Scheduled Tribe members, social workers and credit representatives. They advise on implementation, arrange rehabilitation and credit, survey for offences and defend suits against freed labourers.
9. Burden of proof (section 15). Where a debt is claimed to be bonded, the creditor must prove it is not.
10. Offences and trial (sections 16 to 23). Compelling bonded labour, advancing a bonded debt and enforcing a bonded agreement are each offences. Each is punishable with up to three years and a fine of up to Rs 2,000. Out of the fine, Rs 5 a day of bondage is paid to the labourer (section 18). Executive Magistrates may try these offences summarily (section 21). Offences are cognizable and bailable (section 22).
11. Civil courts barred (section 25). No civil court may deal with matters under the Act.
12. Overriding effect (section 3). The Act prevails over any inconsistent provision of any other enactment, or of any instrument having effect under another enactment. Read with section 5, which voids bonding customs and contracts, no law or usage can keep a person in bondage.
13. Abetment and companies (sections 20 and 23). Abetting any offence under the Act carries the same punishment as the offence itself, whether or not the offence is committed. Where a company commits an offence, the company and every person in charge of its business at the time are deemed guilty. A director or officer whose consent, connivance or neglect led to the offence is also liable.
Rehabilitation
The Act frees the labourer, but freedom without income sends him back to bondage. The District Magistrate must therefore secure his economic interests (section 11), and Vigilance Committees arrange credit and rehabilitation (section 14). The Central Sector Scheme for Rehabilitation of Bonded Labourer, introduced in 2016 and revamped for 2021-22 to 2025-26, gives this support:
- immediate assistance of up to Rs 30,000 on release;
- later assistance of Rs 1 lakh for adult men;
- Rs 2 lakh for special categories such as women and children; and
- Rs 3 lakh for those rescued from extreme deprivation.
The cases
Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802. An organisation wrote to the Supreme Court about workers held in bondage in the stone quarries of Faridabad. The Court treated the letter as a petition, appointed commissioners to investigate and issued detailed directions for release, rehabilitation and enforcement of labour laws. It held that the right to live with human dignity under Article 21 draws its life from the Directive Principles.
Neeraja Chaudhary v. State of Madhya Pradesh, AIR 1984 SC 1099. About 135 labourers freed from the Faridabad quarries were sent home to Bilaspur district with a promise of rehabilitation. A journalist found most of them close to starvation. The Supreme Court held that "it is not enough merely to identify and release bonded labourers". They must be suitably rehabilitated, and failure to do so violates Article 21. It directed rehabilitation within a month and placed social action groups on the Vigilance Committees.
People's Union for Democratic Rights v. Union of India, AIR 1982 SC 1473. The Supreme Court held that labour for less than the minimum wage, under economic compulsion, is forced labour under Article 23. This supports the Act's test of "nominal wages".
The constitutional base
The Act gives effect to Article 23, which prohibits begar and other forms of forced labour and makes their breach an offence. The courts also read it with Article 21, the right to live with dignity. Article 39(e) adds that no one should be forced by economic need into unsuitable work. That is why a freed labourer's rehabilitation is treated as part of his fundamental rights.
The Act at a glance
| Feature | Section |
|---|---|
| Wide definition, customary forms, contract and migrant labour | 2 |
| Abolition; agreements void | 4, 5 |
| Debts extinguished; property restored; no eviction | 6 to 8 |
| District Magistrate | 10 to 12 |
| Vigilance Committees | 13, 14 |
| Burden on the creditor | 15 |
| Offences; summary, cognizable trial | 16 to 22 |
Where the law stands now
The 1976 Act is not repealed by the Labour Codes and remains in force. Rehabilitation runs through the Central Sector Scheme as revamped in 2021.
Conclusion. The Act abolishes bonded labour in every form, including custom, caste and debt-based bondage, and contract or migrant labour held in such conditions. It frees the labourer, cancels his debt, restores his property and home, and makes the creditor prove a debt is not bonded. Enforcement lies with the District Magistrate and Vigilance Committees, with summary trial of cognizable offences. Bandhua Mukti Morcha and Neeraja Chaudhary show that release must be followed by real rehabilitation under Article 21.
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