KSLU Solved Question Papers
Labour Law II
Previous Year Question Paper with Solution
LL.B. (Three Years) · Sem 3
2026 Jan (100 marks) Examination
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Mumbai
LL.B. (Three Years) Sem 3 Labour Law II 2026 Jan (100 marks) Question Paper with Solutions
First published on munotes.in on 25 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2026 Jan (100 marks) examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2026 Jan (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 2026 Jan (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.
Q1Discuss in detail the scope and operation of the Equal Remuneration Act, 1976.[16]
Answer
For full marks, cover: why the Act was made (Article 39(d), ILO Convention No. 100, the Equal Remuneration Ordinance 1975); its scope: extent, commencement, the employments it reaches and the key definitions of "remuneration" (section 2(g)) and "same work or work of a similar nature" (section 2(h)); its operation: the duty to pay equal remuneration (section 4), no discrimination in recruitment and later conditions (section 5), Advisory Committees (section 6), the authorities for claims and complaints and the appeal (section 7), registers and Inspectors (sections 8 and 9), penalties, company liability and cognizance (sections 10 to 12); the overriding effect (section 3) and the exceptions (sections 15 and 16); the leading cases (Audrey D'Costa, Randhir Singh, Jagjit Singh, Nergesh Meerza); a table; limits; the Code on Wages 2019; a conclusion.
Why the Act was made
Article 39(d) of the Constitution directs the State to secure "equal pay for equal work for both men and women". India also ratified ILO Convention No. 100, the Equal Remuneration Convention 1951, on 25 September 1958. Yet women in many industries were paid less than men for the same work, only because they were women.
The Equal Remuneration Ordinance 1975 was made in International Women's Year. Parliament replaced it with the Equal Remuneration Act 1976 (Act 25 of 1976). Its long title states two aims. The first is equal remuneration to men and women workers. The second is to prevent discrimination against women in employment on the ground of sex.
Scope: where and to whom the Act applies
- Extent. The Act extends to the whole of India (section 1(2)).
- Commencement. The Central Government could bring it into force on different dates for different establishments or employments (section 1(3)). It came into force on 8 March 1976. A worker is covered once the Act is in force for that establishment or employment.
- No size limit. Unlike many labour laws, the Act has no minimum number of workers. A worker in any establishment or employment where the Act is in force is covered (section 2(i)).
- Appropriate Government. The Central Government for its own employments, railways, banking companies, mines, oilfields, major ports and Central corporations; the State Government for all others (section 2(a)).
The two key definitions
"Remuneration" (section 2(g)) is wide. It means the basic wage or salary and "any additional emoluments whatsoever payable, either in cash or in kind". So allowances, bonus and benefits in kind are all compared, not only the basic pay.
"Same work or work of a similar nature" (section 2(h)) is the heart of the Act. It means work in which the "skill, effort and responsibility required are the same", done "under similar working conditions". Small differences do not matter if they are "not of practical importance" to the terms of employment. The test looks at the actual work, not at the name of the post.
Operation: the employer's duties
1. Equal remuneration (section 4).
- No employer may pay a worker at rates "less favourable" than he pays workers of the opposite sex for the same or similar work (section 4(1)).
- He may not obey the Act by cutting anyone's pay (section 4(2)). Equality must be reached by raising the lower rate.
- Where rates differed only on the ground of sex when the Act began, the higher rate became the rate for all (section 4(3)). Where there were more than two rates, the highest applied. This did not give arrears for past service.
2. No discrimination in recruitment or service (section 5). No employer may discriminate against women while recruiting for the same or similar work. Since the 1987 amendment, this covers later conditions of service too, "such as promotions, training or transfer". There are two exceptions. Discrimination is allowed where the law prohibits or restricts women's employment in that work. Reservations for Scheduled Castes, Scheduled Tribes, ex-servicemen or retrenched employees are also not affected.
3. Advisory Committees (section 6). The appropriate Government must set up Advisory Committees to increase employment opportunities for women. Each has at least ten members, half of them women. On their advice the Government may issue directions about employing women (section 6(5)).
Operation: how the Act is enforced
1. Authorities for claims and complaints (section 7). The appropriate Government appoints officers, not below the rank of Labour Officer, to hear two kinds of matter.
- Complaints of any contravention of the Act.
- Claims for non-payment of wages at equal rates.
The authority also decides whether two kinds of work are the same or similar (section 7(3)). After hearing both sides, it may order the employer to pay the difference in wages, or to take steps to stop the contravention (section 7(4)). It has the powers of a civil court for evidence (section 7(5)). An appeal lies within thirty days, and the appellate order is final (section 7(6) and (7)). Money ordered to be paid is recovered like a claim under section 33C(1) of the Industrial Disputes Act 1947 (section 7(8)).
2. Registers and Inspectors (sections 8 and 9). Every employer must keep the prescribed registers. Inspectors may enter premises, examine registers and muster-rolls, and take evidence on the spot.
3. Penalties (section 10). Failing to keep or produce registers is punishable with up to one month's simple imprisonment or a fine of up to Rs 10,000, or both. Unequal pay, discriminatory recruitment or disobeying a section 6(5) direction is more serious. The first offence carries a fine of Rs 10,000 to Rs 20,000, or imprisonment of three months to one year, or both. A second offence carries imprisonment up to two years. These figures date from the 1987 amendment.
4. Companies and cognizance (sections 11 and 12). Where a company offends, the persons in charge of its business are also liable, unless they prove lack of knowledge or due diligence. A court may act on a complaint by the Government, by the person aggrieved, or by a recognised welfare institution or organisation. This last route lets a women's organisation prosecute on behalf of workers who fear their employer.
The overriding effect and its limits
Section 3 gives the Act effect "notwithstanding anything inconsistent" in any other law, award, agreement or contract of service. So a settlement fixing lower pay for women cannot stand.
Two provisions limit it.
- Section 15. The Act does not touch special treatment for women required by another law, or given in connection with childbirth, retirement, marriage or death. So maternity benefits paid only to women are not unequal pay.
- Section 16. Where the appropriate Government is satisfied that a pay difference rests on "a factor other than sex", it may declare so by notification. The employer's act is then not a contravention.
The leading cases
Mackinnon Mackenzie and Co. Ltd. v. Audrey D'Costa, (1987) 2 SCC 469. A confidential lady stenographer complained under section 7(1). She was paid less than the male stenographers of the company. The employer said the two groups were separate cadres, that a settlement had fixed their pay, and that it could not afford parity. The Supreme Court held for her. Where the work is the same or similar within section 2(h), section 4(1) requires equal pay. The employer's financial capacity is no answer, and a settlement cannot legalise what the Act forbids.
Randhir Singh v. Union of India, AIR 1982 SC 879. A driver-constable of the Delhi Police was paid less than other drivers of the Government doing the same work. The Supreme Court held that equal pay for equal work, though a Directive Principle in Article 39(d), is a constitutional goal. It can be enforced through Articles 14 and 16. His pay was directed to be fixed at least on a par with that of Railway Protection Force drivers. This case carries the principle beyond sex discrimination.
State of Punjab v. Jagjit Singh, decided on 26 October 2016. Temporary, daily-wage and contractual employees did the same duties as regular employees. The Supreme Court held that equal pay for equal work is a clear right of every employee, regular or temporary. They were entitled to at least the minimum of the regular pay scale. The case shows how the courts now apply the same idea to temporary employees.
Air India v. Nergesh Meerza, AIR 1981 SC 1829. Air hostesses had to retire on their first pregnancy. The Supreme Court struck down that condition as arbitrary under Article 14, while upholding a bar on marriage within the first four years. The case shows the limit of the 1976 Act: conditions about marriage and retirement fall under section 15, so they are tested under the Constitution.
The Act at a glance
| Matter | Section | What it says |
|---|---|---|
| Override | 3 | Act prevails over laws, awards and contracts |
| Equal pay | 4 | Same rate for the same or similar work; no pay cuts |
| Matter | Section | What it says |
|---|---|---|
| Recruitment and service | 5 | No discrimination against women, with two exceptions |
| Advisory Committees | 6 | Half women; advise on more jobs for women |
| Claims and complaints | 7 | Labour Officer authority; appeal in thirty days |
| Registers, Inspectors | 8, 9 | Records and inspection |
| Penalties | 10 | Fine Rs 10,000 to 20,000 or prison up to one year |
| Exceptions | 15, 16 | Special treatment for women; non-sex factors |
Limits of the Act
- Comparison inside one establishment. A woman can compare herself only with men employed by the same employer in the same establishment. Where an entire industry pays women low wages, there may be no male comparator.
- The section 16 escape. A Government declaration that a difference rests on a non-sex factor can shelter real discrimination.
- Weak enforcement. Prosecutions were rare, and many women in informal work never knew of the Act.
Where the law stands now
The 1976 Act was repealed from 21 November 2025 by section 69(1) of the Code on Wages 2019. Section 3 of the Code bars discrimination "on the ground of gender" in wages for the same or similar work, and in recruitment and conditions of employment. Section 4 of the Code leaves disputes about the "same or similar nature of work" to a notified authority.
Conclusion. The Equal Remuneration Act 1976 applied to every establishment and employment where it was brought into force, without any minimum number of workers. It required the same remuneration, in the wide sense of section 2(g), for the same or similar work judged by skill, effort and responsibility. It banned discrimination against women in recruitment and later service. It was enforced through Labour Officer authorities, Inspectors and penal sanctions. Audrey D'Costa made clear that neither a settlement nor the employer's inability to pay excuses unequal pay. Randhir Singh and Jagjit Singh carried the same idea into the Constitution. The duty now lives in section 3 of the Code on Wages.
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