B.A. LL.B. (Five Years) Sem 5 Labour Laws Mar 2023 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Answer in One or Two Sentences (any 6 of 8) 12 Marks

1. Q1 What is the object of the Trade Union Act, 1926?
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2. Q2 How many members are required for making the application for registration of the Trade Union?
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3. Q3 What is the Triple Test as laid down in the case of Bangalore Water Supply v. A. Rajappa?
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4. Q4 Mention any two duties of the Industrial Court under the MRTU & PULP Act, 1971.
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5. Q5 State the duties of settlement authorities under the Industrial Dispute Act, 1947.
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6. Q6 Who is an 'Apprentice' under The Apprentice Act, 1961?
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7. Q7 What are the qualifications prescribed under The Apprentice Act, 1961 for being engaged as an Apprentice?
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8. Q8 Who is a 'Member' under the MRTU & PULP Act, 1971?
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SECTION II - Write Short Notes (any 2 of 4) 12 Marks

1. Q9 Contract of Apprenticeship
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2. Q10 Factory under the Factories Act, 1948
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3. Q11 International Labour Organization
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4. Q12 Workman under the Industrial Dispute Act, 1947.
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SECTION III - Solve the Following (any 2 of 4) 12 Marks

1. Q13 XYZ Trade Union applies for registration of the trade union. This trade union submitted all the required documents, still, the certificate of registration was refused.
   • (a) Explain the legal requisites for providing certificate of registration or the cancellation of the registration of the Trade Union?
   • (b) What remedy is available to any aggrieved party for refusal of the registration of the trade union?
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2. Q14 Vishwa Kalyan Kamgar Sanghatana applied for recognition. It has 32% membership of employees of the industry 'Z'. Another trade union Shramik Kamgar Sangh has 29% of membership of employees of the same industry 'Z'. Both have applied for the recognition.
   • (a) Which Trade Union will get the recognition? Why?
   • (b) State the legal criteria to provide the recognition to the Trade Unions by in Maharashtra?
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3. Q15 In an industry Mr. B was an active member of a trade union. The employer changed the conditions of service applicable for him related to one pendency of proceeding of industrial dispute and repeatedly transferred him to different locations, due to his activeness.
   • (a) What remedy is available to Mr. B as an employee of the industry as per the Industrial Dispute Act, 1947?
   • (b) Explain legal provisions provided to some employees among various trade unions to protect their rights as per Industrial Dispute Act, 1947?
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4. Q16 In PQR factory the apprentices are undergoing the training. Their health, safety and welfare are the important criteria. Their working time is not fixed.
   • (a) Explain the protection provided to all the apprentices under The Apprentices Act, 1961?
   • (b) State the working conditions provided to the apprentices by The Apprentices Act, 1961?
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SECTION IV - Answer the Following (any 3 of 5) 39 Marks

1. Q17 Discuss in detail regarding Registration of Trade Union under the Trade Union Act, 1926.
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2. Q18 State the Welfare Provisions under the Factories act, 1948.
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3. Q19 Discuss in detail regarding provisions applicable for Lay-off of the workers.
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4. Q20 Analyze in detail about Illegal Strike and Lock-out under MRTU and PULP Act, 1971.
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5. Q21 Explain the term "Collective Bargaining". What are its advantages and disadvantages?
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