KSLU Solved Question Papers
Labour Law II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 6
2022 Oct Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 6 Labour Law II 2022 Oct 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 Oct examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2022 Oct 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 Oct 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
Instructions printed on the paper
- N.B. (1) Answer all five Units. (2) One essay type question and short note/problem is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answer should be written either English or Kannada compulsorily.
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
Unit I
(a)Explain the objectives of the Equal Remuneration Act, 1976.[10]
Answer
For full marks, cover: the background (unequal pay for women; Article 39(d); ILO Convention No. 100; the Ordinance of 1975); the objectives of the Equal Remuneration Act 1976, each with the provision that carries it out: equal pay for the same or similar work (sections 2(g), 2(h), 4), no discrimination in recruitment and later service (section 5), more jobs for women (section 6), a simple remedy (section 7), effective enforcement (sections 8 to 12), primacy over contracts and awards (section 3); the limits built into the objectives (sections 15 and 16); the cases (Audrey D'Costa, Randhir Singh, C.B. Muthamma); the Code on Wages 2019; a conclusion.
The background
Women in India were commonly paid less than men for the same work. The difference was justified only by custom, or by the belief that a woman's wage was supplementary. Article 39(d) of the Constitution directs the State to secure "equal pay for equal work for both men and women". India ratified ILO Convention No. 100, the Equal Remuneration Convention, on 25 September 1958. The Equal Remuneration Ordinance 1975 was replaced by the Equal Remuneration Act 1976, in force from 8 March 1976.
Its long title states its purpose: "the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment".
Objective 1: equal pay for equal work
The first objective is that a woman doing the same work as a man gets the same pay. Section 4(1) forbids an employer to pay any worker at less favourable rates than workers of the opposite sex. This applies where they do the same or similar work.
- "Remuneration" is wide: the basic wage and "any additional emoluments whatsoever", in cash or in kind (section 2(g)).
- "Same work or work of a similar nature" is judged by skill, effort and responsibility under similar conditions. Differences of no practical importance are ignored (section 2(h)).
- Equality must be reached by raising the lower rate, never by cutting the higher (section 4(2)).
Mackinnon Mackenzie and Co. Ltd. v. Audrey D'Costa, (1987) 2 SCC 469. A lady stenographer was paid less than male stenographers doing similar work. The employer pleaded separate cadres, a settlement and inability to pay. The Supreme Court held that section 4 required equal pay, that a settlement could not override it, and that financial capacity was no defence.
Objective 2: no discrimination in getting and keeping a job
The second objective is equal opportunity. Under section 5, no employer may discriminate against women in recruitment for the same or similar work. Since 1987 this covers conditions of service after recruitment, such as promotion, training and transfer. Where the law itself restricts women's work, or reserves posts for groups such as Scheduled Castes or ex-servicemen, those rules stand.
C.B. Muthamma v. Union of India, (1979) 4 SCC 260. Foreign Service rules required a woman officer to get permission to marry and allowed a married woman to be asked to resign. The Supreme Court held such rules discriminatory under Articles 14, 15 and 16. The same idea, equality in service conditions, lies behind section 5.
Objective 3: more employment for women
The third objective is to widen women's employment. Section 6 requires Advisory Committees, at least half of whose members are women. They advise how far women may be employed in notified establishments, including in part-time work. The Government may then issue directions.
Objective 4: a simple and quick remedy
The fourth objective is a remedy a worker can actually use. Section 7 sets up Labour Officer authorities to hear claims for unequal wages and complaints of contravention. They decide whether two works are similar, order payment of the difference, and act with civil court powers. An appeal lies within thirty days, and recovery uses section 33C(1) of the Industrial Disputes Act 1947.
Objective 5: effective enforcement
The fifth objective is compliance. Employers must keep registers (section 8). Inspectors may enter and examine records (section 9). Unequal pay or discriminatory recruitment is punishable under section 10. The penalty is a fine of Rs 10,000 to Rs 20,000, or imprisonment of three months to one year, or both. A repeat offence is punished more severely. Under section 12 a recognised welfare organisation may file a complaint for a worker who fears to do so.
Objective 6: primacy over contracts and awards
Section 3 gives the Act effect over any inconsistent law, award, agreement or contract. So the objective cannot be bargained away.
Randhir Singh v. Union of India, AIR 1982 SC 879. A Delhi Police driver-constable was paid less than other Government drivers doing the same work. The Supreme Court held that equal pay for equal work is a constitutional goal, enforceable under Articles 14 and 16 read with Article 39(d). The 1976 Act gives that same goal statutory force for women.
The limits built in
- Section 15. Special treatment for women under other laws, or connected with childbirth, retirement, marriage or death, is not affected.
- Section 16. Where the Government declares that a pay difference rests on a factor other than sex, it is not a contravention.
Where the law stands now
Section 69(1) of the Code on Wages 2019 repealed the 1976 Act from 21 November 2025. Section 3 of the Code continues these objectives. It bars discrimination on the ground of gender in wages for the same or similar work, and in recruitment and conditions of employment.
Conclusion. The objectives of the Equal Remuneration Act were to give women equal pay for the same or similar work. It also sought to end discrimination in recruitment and service. It also aimed to widen their employment and to give them a simple remedy backed by firm enforcement. Audrey D'Costa showed that neither settlement nor poverty of the employer could defeat equal pay. Randhir Singh and C.B. Muthamma rooted the same objectives in the Constitution. Section 3 of the Code on Wages now carries them forward.
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