LL.B. (Three Years) Sem 1 Labour Laws Feb 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

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SECTION I - Answer in one or two sentences (All questions compulsory) 20 Marks

1. Q1 Define 'Appropriate Government' under I.D. Act, 1947.
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2. Q2 To which industrial establishment M.R.T.U. & P.U.L.P. Act, 1971 is applicable?
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3. Q3 What is the definition of 'Wages' under the E.C. Act 1923?
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4. Q4 What is the rate of subsistence allowance payable to the workman under I.E. (S.O.) Act, 1946?
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5. Q5 When the 'National Industrial Tribunal' may be constituted under I.D. Act, 1947?
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6. Q6 Define 'Total Disablement' under E.C. Act, 1923.
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7. Q7 State any two grounds for declaring lay-off.
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8. Q8 State any two instances of illegal lock-out under M.R.T.U. & P.U.L.P. Act, 1971
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9. Q9 When and who can constitute the 'Works Committee' under I.D. Act, 1947.
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10. Q10 Elucidate when can the certified Standing Orders be modified?
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SECTION II - Write short notes on any four of the following 20 Marks

1. Q11 Notice of change
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2. Q12 Rights of recognized trade union under M.R.T.U. & P.U.L.P. Act, 1971
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3. Q13 Employee under E.C. Act, 1923
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4. Q14 Triple test under I.D. Act, 1947
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5. Q15 Certifying officer under I.E. (S.O.) Act, 1946
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6. Q16 Permanent disability
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SECTION III - Attempt any two 12 Marks

1. Q17 The Industrial court granted recognition to the Indian worker's Association as a recognized union but Bhartiya Kamgar Sena has more membership than the Indian workers Association.
   • (a) What remedy is available to Bhartiya Kamgar Sena?
   • (b) Kamgar Utkarsha Sabha a recognized union, assisted illegal strike in ABC undertaking & applied for seeking recognition in XYZ undertaking. Will Kamgar Utkarsh Sabha get recognition in XYZ undertaking. Why?
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2. Q18 PQR industrial undertaking is purchased by another employer.
   • (a) The standing orders which are applicable to PQR Industrial undertaking will continue to be applicable or cease to be operative.
   • (b) In an industrial undertaking, the standing orders state 3 months probation period. But in appointment letter of a employee it was 6 months. Is it possible for parties to enter into a contract? Why?
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3. Q19 Empire Industrial undertaking is closed down on account of unavoidable circumstances beyond the control of the employer.
   • (a) Whether the workmen are entitled for compensation? Explain.
   • (b) In the above mentioned situation employer is planning to restart the closed industry but refused to employ senior employees & appointed junior employees. What remedy is available to senior employee?
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SECTION IV - Answer any four of the following 48 Marks

1. Q20 Explain the concept of 'arising out of' and 'in the course of employment' as contemplated in the Employees Compensation Act, 1923.
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2. Q21 What is Collective Bargaining? Explain the requisite conditions along with its merits & demerits?
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3. Q22 Discuss the 'Unfair Labour Practices' on the part of employer and trade union. Explain the procedure for filing complaint against unfair Labour practices. Under M.R.T.U. & P.U.L.P. Act, 1971.
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4. Q23 Explain in detail the procedure for certification & modification of Standing Orders under I.E. (S.O.) Act, 1946.
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5. Q24 Define 'Industry' under the I.D. Act, 1947. How the Apex Court has widened the definition of the term 'Industry'?
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6. Q25 Define 'Retrenchment'. Illustrate the provisions regarding retrenchment under the I.D. Act, 1947.
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