KSLU Solved Question Papers
Labour Law II
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 6
2023 Sep Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 6 Labour Law II 2023 Sep 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 2023 Sep examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2023 Sep examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2023 Sep 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 question/problem is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answer should be written either in English or Kannada completely.
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)The Fundamental Rights and Directive Principles of State Policy are the backbone of the Industrial Laws in India. Discuss.[10]
Answer
For full marks, cover: what "industrial jurisprudence" means (the body of law on the relations of employer, worker and State, built on social justice); why the Constitution is its base (Article 38: social, economic and political justice); Fundamental Rights as the shield (Articles 14 and 16, 19(1)(c) and 19(1)(g) with 19(6), 21, 23, 24) and their limits (no fundamental right to strike; the employer's right to close is protected but may be reasonably restricted); Directive Principles as the guide (Articles 39(a), (d), (e), 41, 42, 43, 43A), unenforceable in court but fundamental in governance (Article 37); how courts read the two together to give the Directive Principles force; the laws built on them; the cases (Randhir Singh, Kameshwar Prasad, Excel Wear, Bandhua Mukti Morcha, Unichoyi, PUDR, Consumer Education and Research Centre, Jagjit Singh); why the two Parts work as one; a table; the Labour Codes; a conclusion.
What industrial jurisprudence means
Industrial jurisprudence is the body of law on the relations of employers, workers and the State. It covers wages, conditions of work, disputes, trade unions and social security. Its guiding idea is social justice: the weaker party, the worker, must be protected, while industry is kept going. In India this body of law rests on two Parts of the Constitution. Part III gives Fundamental Rights, and Part IV gives Directive Principles of State Policy. Together they are rightly called its backbone.
The constitutional goal
The Preamble promises justice, social, economic and political. Article 38(1) asks the State to secure a social order in which that justice informs all the institutions of national life. Article 38(2) asks it to minimise inequalities of income. Every labour law is a step towards this goal.
Part III: Fundamental Rights as the shield
- Equality (Articles 14 and 16). No arbitrary discrimination in pay or service.
- Association (Article 19(1)(c)). Workers may form unions.
- Trade and business (Article 19(1)(g) and (6)). The employer's freedom is protected, but labour laws may impose reasonable restrictions in the interest of the general public.
- Life and livelihood (Article 21). The right to live with dignity, which includes livelihood and healthy working conditions.
- No forced labour (Article 23). Begar and similar forced labour are prohibited and punishable.
- No child in hazardous work (Article 24). No child below fourteen may work in a factory, mine or other hazardous employment.
Randhir Singh v. Union of India, AIR 1982 SC 879. A Delhi Police driver-constable did the same work as other Government drivers but was paid less. The Supreme Court held that equal pay for equal work, though a Directive Principle in Article 39(d), is enforceable through Articles 14 and 16. A Fundamental Right gave a Directive Principle teeth.
The limits of the shield
Kameshwar Prasad v. State of Bihar, AIR 1962 SC 1166. A Bihar rule barred Government servants from any demonstration or strike. The Supreme Court struck down the ban on demonstrations under Article 19(1)(a) and (b). But it upheld the ban on strikes, because there is no fundamental right to strike.
Excel Wear v. Union of India, AIR 1979 SC 25. Section 25-O of the Industrial Disputes Act 1947 let the Government refuse permission to close an undertaking, with no reasons, time limit or appeal. The Supreme Court held that the right to close is part of the right to carry on business. The section was struck down as an unreasonable restriction under Article 19(1)(g). Industrial jurisprudence must balance both sides.
Part IV: Directive Principles as the guide
- Livelihood and equal pay (Article 39(a) and (d)). An adequate means of livelihood for men and women equally, and equal pay for equal work.
- Health of workers and children (Article 39(e) and (f)). Workers and children must not be abused or forced by need into unsuitable work.
- Right to work and public assistance (Article 41). In unemployment, old age, sickness and disablement.
- Just and humane conditions and maternity relief (Article 42).
- Living wage (Article 43). A living wage and a decent standard of life for all workers.
- Workers in management (Article 43A). Added in 1976, it asks the State to secure workers' participation in the management of undertakings and industrial establishments.
- Nutrition and public health (Article 47). The State must raise the level of nutrition and the standard of living, and improve public health.
Under Article 37 these principles are not enforceable by any court. Yet they are fundamental in the governance of the country, and the State must apply them in making laws.
How the courts join the two
Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802. Bonded labourers worked in the stone quarries of Faridabad. The Supreme Court held that the right to live with human dignity under Article 21 "derives its life breath from the Directive Principles". It directed their release and rehabilitation and the enforcement of labour laws.
U. Unichoyi v. State of Kerala, AIR 1962 SC 12. Tile factory owners challenged minimum wages fixed without regard to their capacity to pay. The Constitution Bench held that capacity to pay need not be considered for a minimum wage. Every employer must pay at least that before employing labour, in line with the welfare State the Directive Principles describe.
People's Union for Democratic Rights v. Union of India, AIR 1982 SC 1473. Contractors on the Asian Games sites paid workers below the minimum wage. The Supreme Court held that labour taken for less than the minimum wage, under the pressure of need, is forced labour under Article 23. It held that Article 23 binds private employers too. A Fundamental Right was used to enforce the minimum wage, a Directive Principle goal.
Consumer Education and Research Centre v. Union of India, (1995) 3 SCC 42. Asbestos workers suffered from asbestosis. The Supreme Court held that a worker's right to health and medical care is a fundamental right. It read Article 21 with Articles 39(e), 41 and 43, and directed health records and insurance for workers.
State of Punjab v. Jagjit Singh, decided on 26 October 2016. Temporary and daily-wage employees did the same duties as regular employees for lower pay. The Supreme Court held that equal pay for equal work is a clear right of every employee, temporary or regular. They were entitled to at least the minimum of the regular pay scale.
Why the two Parts work as one backbone
- Rights set the floor; principles set the direction. Fundamental Rights stop the worst abuses at once, while Directive Principles point to the higher goal of a living wage and security.
- Courts fill gaps. Where Parliament has not acted, courts read Directive Principles into Article 21, as in Bandhua Mukti Morcha and Consumer Education and Research Centre.
- Parliament builds on both. Labour laws are tested against Part III, as in Excel Wear, and justified by Part IV, as in Unichoyi.
- Balance is kept. The worker's dignity and the employer's freedom are both protected, so that industry and justice can grow together.
The laws built on this backbone
| Constitutional source | Labour law it supports |
|---|---|
| Article 23 | Bonded Labour System (Abolition) Act 1976 |
| Article 24, Article 39(e) and (f) | Child and Adolescent Labour Act 1986 |
| Article 39(d), Articles 14 and 16 | Equal Remuneration Act 1976 |
| Article 42 | Maternity Benefit Act 1961 |
| Article 43 | Minimum Wages Act 1948 |
| Article 41 | Gratuity, provident fund and unorganised workers' laws |
| Article 43A | Schemes for workers' participation in management |
Where the law stands now
From 21 November 2025, four Labour Codes have replaced most central labour Acts. They rest on the same base. The Code on Wages carries the minimum wage and equal pay. The Code on Social Security carries maternity relief and old age protection. The Bonded Labour Act and the Child and Adolescent Labour Act remain in force.
Conclusion. Fundamental Rights protect the worker against discrimination, forced labour, child labour and loss of dignity, and they also protect the employer's business within reason. Directive Principles set the goals of a living wage, humane conditions, equal pay and social security. Courts have read the two together, as in Randhir Singh and Bandhua Mukti Morcha. Kameshwar Prasad and Excel Wear show the balance. Every major labour law traces back to these two Parts, which is why they are the backbone of industrial jurisprudence.
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