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B.A. LL.B. (Five Years) Sem 6 Labour Law II 2019 Jun Question Paper with Solutions

KSLU Solved Question Papers

Labour Law II

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 6

2019 Jun Examination

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First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by Karnataka State Law University at the 2019 Jun examination.

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Contents

The questions below are the paper as Karnataka State Law University set it at the 2019 Jun examination, in the order it was set.

MarksPage

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MarksPage

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The Paper as Set

The questions in this volume are the questions asked at the 2019 Jun 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.

Read the original question paper

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Q1Discuss briefly the various labour standards adopted by International Labour Organization (ILO) for the protection of industrial workers. How far has India ratified such standards in its labour legislations ?[16]

Answer

For full marks, cover: the ILO and its standards (tripartite Conventions and Recommendations); the standards for industrial workers, by subject: hours and rest (Nos. 1, 14); night work of women and young persons (Nos. 4, 6, 41, 89, 90); minimum age (Nos. 5, 123, 138, 182); wages (Nos. 26, 95, 100, 131); safety and health (Nos. 115, 127, 136, 155, 174, 187); compensation and social security (Nos. 18, 19, 42, 102, 118); maternity (Nos. 3, 103, 183); forced labour and discrimination (Nos. 29, 105, 111); freedom of association (Nos. 87, 98); labour administration (Nos. 81, 144, 160); how far India has ratified them: ratification and Article 253; the Permanent Mission of India's list (forty-five instruments, from No. 1 in 1921 to the Maritime Labour Convention in 2015), Nos. 138 and 182 in 2017; the laws that give them effect; the important gaps (Nos. 87, 98, 95, 102, 131, 155, 183, 187); why India ratifies slowly, and how its laws sometimes go beyond unratified standards; the cases (Vishaka, Randhir Singh); a table; a conclusion.

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The ILO and its standards

The International Labour Organisation, founded in 1919 with India as a member, sets international labour standards. Governments, employers and workers adopt them together at the International Labour Conference. Conventions bind the States that ratify them; Recommendations guide policy. Many of the earliest standards were made for industrial workers in factories, mines and transport.

Part A: the standards for industrial workers

1. Hours and rest. The Hours of Work (Industry) Convention 1919 (No. 1) set the eight-hour day and forty-eight-hour week. The Weekly Rest (Industry) Convention 1921 (No. 14) required a weekly day of rest.

2. Night work. Early Conventions restricted night work by women in industry (Nos. 4 and 41), revised as No. 89 in 1948. Night work by young persons was restricted by No. 6, revised as No. 90.

3. Minimum age and child labour. The Minimum Age (Industry) Convention 1919 (No. 5) barred young children from industrial work. No. 123 (1965) set a minimum age for underground work. The general Minimum Age Convention 1973 (No. 138) and the Worst Forms of Child Labour Convention 1999 (No. 182) now lead.

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4. Wages. The Minimum Wage-Fixing Machinery Convention 1928 (No. 26) required machinery to fix minimum wages in low-paid trades. No. 95 (1949) protects wages, and No. 131 (1970) deals with minimum wage fixing. The Equal Remuneration Convention 1951 (No. 100) requires equal pay for men and women.

5. Safety and health. Radiation Protection (No. 115), Benzene (No. 136), Maximum Weight (No. 127) and Prevention of Major Industrial Accidents (No. 174) deal with particular hazards. The Occupational Safety and Health Convention 1981 (No. 155) and the Promotional Framework Convention 2006 (No. 187) set general frameworks. Since 2022 both are fundamental Conventions.

6. Compensation and social security. Conventions on compensation for occupational diseases (Nos. 18 and 42) and equal treatment of foreign workers in accident compensation (No. 19) came early. The Social Security (Minimum Standards) Convention 1952 (No. 102) covers nine branches. No. 118 (1962) requires equal treatment of nationals and non-nationals in social security.

7. Maternity. Maternity protection Conventions (Nos. 3, 103 and 183) provide paid leave, medical care and protection of employment.

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8. Forced labour and discrimination. Forced Labour (No. 29), Abolition of Forced Labour (No. 105) and Discrimination (Employment and Occupation) (No. 111).

9. Freedom of association. Freedom of Association and Protection of the Right to Organise (No. 87) and Right to Organise and Collective Bargaining (No. 98).

10. Labour administration. Labour Inspection (No. 81), Tripartite Consultation (No. 144) and Labour Statistics (No. 160).

Part B: how far India has ratified them

The Permanent Mission of India in Geneva lists forty-five Conventions ratified by India, the list updated on 20 October 2026. For industrial workers they include:

  1. Hours, rest and night work. Nos. 1, 4 and 6 (1921), No. 14 (1923), No. 41 (1935), and Nos. 89 and 90 (1950).
  2. Age. No. 5 (1955) and No. 123 (1975). Nos. 138 and 182 were ratified on 13 June 2017.
  3. Compensation and social security. Nos. 18 and 19 (1927), No. 42 (1964) and No. 118 (1964).
  4. Wages and equality. No. 26 (1955), No. 100 (1958) and No. 111 (1960).
  5. Forced labour. No. 29 (1954) and No. 105 (2000).
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  1. Safety. No. 115 (1975), No. 136 (1991), No. 174 (2008) and No. 127 (2010).
  2. Administration and employment. No. 81 (1949), No. 144 (1978), No. 160 (1992) and No. 122 (1998).

How a ratified Convention becomes Indian law

Ratification binds India internationally, but a Convention does not by itself become part of Indian law. Article 253 lets Parliament make laws to implement any treaty or convention, or any decision of an international conference. So each ratified standard needs a statute, or an existing statute that already conforms. Once ratified, India must report regularly to the ILO on how it applies the Convention. Some early ratifications, such as the first night-work Conventions for women, were later replaced by revised Conventions.

Vishaka v. State of Rajasthan, AIR 1997 SC 3011. There was no Indian law on sexual harassment at work. The Supreme Court read an international convention, CEDAW, into the fundamental rights and laid down binding guidelines until Parliament legislated. Where Indian law is silent, courts may likewise draw on international labour standards that are consistent with fundamental rights.

The laws that give them effect

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  1. Hours, rest and safety standards shaped the Factories Act 1948, now the OSH Code 2020.
  2. No. 26 is reflected in the Minimum Wages Act 1948, and No. 100 in the Equal Remuneration Act 1976. Both are now in the Code on Wages 2019.
  3. Nos. 29 and 105 are reflected in the Bonded Labour System (Abolition) Act 1976.
  4. Nos. 138 and 182 followed the 2016 amendment of the Child and Adolescent Labour Act 1986.
  5. The compensation Conventions are reflected in the Employee's Compensation Act 1923, now the Code on Social Security 2020.

The gaps

India has not ratified several key standards:

  1. Nos. 87 and 98 on freedom of association and collective bargaining;
  2. No. 95 on protection of wages and No. 131 on minimum wage fixing;
  3. No. 102 on social security minimum standards;
  4. No. 183 on maternity protection; and
  5. Nos. 155 and 187 on occupational safety and health.
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The Government has explained why it has not ratified Nos. 87 and 98. Service rules deny Government servants some of these rights, such as the right to strike. India ratifies a Convention only after its own law conforms. In several areas its laws go further than unratified standards. For example, the Maternity Benefit Act 1961, as amended in 2017, gives twenty-six weeks' paid leave. The four Labour Codes came into force on 21 November 2025. They extend minimum wages to every employee and bring gig and platform workers into social security. These steps move Indian law towards the standards it has not yet ratified.

Randhir Singh v. Union of India, AIR 1982 SC 879. A Delhi Police driver was paid less than other Government drivers doing the same work. The Supreme Court held equal pay for equal work enforceable through Articles 14 and 16, read with Article 39(d). The principle of Convention No. 100 thus entered Indian law through the Constitution as well as statute.

At a glance

SubjectRatified by IndiaNot ratified
Hours, rest, night work1, 4, 6, 14, 41, 89, 90
Age and child labour5, 123, 138, 182
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SubjectRatified by IndiaNot ratified
Wages and equality26, 100, 11195, 131
Safety and health115, 127, 136, 174155, 187
Compensation, social security18, 19, 42, 118102
Forced labour29, 105
Association87, 98
Administration81, 144, 160

Conclusion. The ILO has adopted standards for industrial workers on hours, rest, night work, age, wages, equality, safety, compensation, maternity, forced labour and freedom of association. India, a founding member, has ratified forty-five Conventions on its Permanent Mission's list, including most of the early industrial standards. It has also ratified the core Conventions on forced labour, child labour, equal pay and discrimination, and given them effect in its labour laws. Important gaps remain, especially freedom of association, social security, maternity protection and the new safety Conventions. Vishaka and Randhir Singh show how the courts help carry such principles into Indian law.

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