B.A. LL.B. (Five Years) Sem 5 Labour Laws Apr 2015 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: Figures to the right indicate full marks.

SECTION I - Q.1: Answer in one and two sentences (All compulsory) 20 Marks

1. Q1 Who declares 'Lockout' and who declares 'strike'?
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2. Q2 Give two grounds for declaring 'Lay Off' under ID Act.
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3. Q3 Which court can take 'cognizance' of offence under MRTU & PULP Act?
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4. Q4 What Trade Union can do for seeking 'recognition' under MRTU & PULP Act?
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5. Q5 What do you mean by Model Standing Order?
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6. Q6 What do you mean by 'Employment injury'?
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7. Q7 Whether written demand necessary for raising industrial disputes under ID Act?
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8. Q8 What is the meaning of 'during the course of employment and out of employment' under E.C. Act.
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9. Q9 Give two misconducts under S.O.
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10. Q10 Can an establishment be re-opened after closure is effected under ID Act?
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SECTION II - Q.2: Write short notes on (any four) 20 Marks

1. Q11 "Lay-off" Compensation under ID Act
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2. Q12 "Retrenchment" compensation under ID Act
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3. Q13 "Recognition of Trade Unions" under MRTU & PULP Act
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4. Q14 Rights of "unrecognized" Union under MRTU & PULP Act
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5. Q15 "Model" Standing Orders under I.E. (SO) Act.
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6. Q16 Permanent Disability
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SECTION III - Q.3: Solve (any two) 12 Marks

1. Q17 Employee was pursuing his fellow employee to join an unrecognized trade union. When employer learnt it, he transferred him under management policy.
   • (i) Is it anyway unfair labour practice under MRTU Act?
   • (ii) What action employee can take under MRTU Act?
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2. Q18 One person religiously comes daily and sweeps and cleans the floor of the Temple. The Temple Trustees even pays for sweeping and cleaning the floor. One day, Trustees disallowed sweeping and cleaning of the floor and made it clear that no payment will be made to him for sweeping and cleaning the floor. The Temple has many shops and those are used for selling necessities of the devotees. Temple also has rooms which are given to devotees coming from outstation on payment of charges.
   • (i) Can the person claim to be a 'workman' and raise an industrial dispute?
   • (ii) Is temple an 'Industry' under the ID Act?
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3. Q19 A resident deployed a workman for repairing his terrace of the house.
   • (i) Is resident an employer under E.C. Act?
   • (ii) Will workman be entitled to claim compensation, if he was deployed by Contractor who is taking Building Repairing Work?
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SECTION IV - Q.4: Answer (any four) 48 Marks

1. Q20 Discuss Modern Theory of 'Collective Bargaining' and advantages/disadvantages of 'Collective Bargaining'
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2. Q21 Explain 'Conciliation' and 'Settlement' under ID Act.
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3. Q22 Discuss 'Casual', 'Temporary' and 'Seasonal' workmen under ID Act.
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4. Q23 Discuss 'Workman' and 'earning capacity' of workman under E.C. Act.
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5. Q24 Discuss unfair labour practices on the part of Trade Unions under MRTU & PULP Act.
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6. Q25 Discuss punishments for proved misconduct under the I.E. (SO) Act.
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