LL.B. (Three Years) Sem 1 Labour Laws May 2022 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Multiple Choice Questions 20 Questions

1. Q1 What was the name of the British labor reformers who coined the phrase "Collective Bargaining"?
   • (a) Sidney Webb and Beatrice Webb
   • (b) Sidney Teller and Beatrice Webb
   • (c) Sidney Taylor and Beatrice Teller
   • (d) Ludwig Taylor and Beatrice Teller
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2. Q2 The process of collective bargaining with the employer has been given a statutory recognition under which section of the ID Act, 1947?
   • (a) Section 18 of the Act.
   • (b) Section 12 of the Act.
   • (c) Section 11 of the Act.
   • (d) Section 19 of the Act.
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3. Q3 Collective Bargaining is:
   • (a) A unilateral process
   • (b) A bilateral process
   • (c) Multi party discussion
   • (d) Government Controlled Process.
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4. Q4 No claim for compensation under section 10 of the Employee Compensation Act, 1927 shall be entertained by a Commissioner unless notice of the accident has been given in the manner hereinafter provided as soon as practicable after the happening thereof and unless the claim is preferred before him within __________ of the occurrence of the accident.
   • (a) One Year
   • (b) Three Years
   • (c) Two years
   • (d) Four Years
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5. Q5 Which authority under the Industrial Employment Standing Orders Act, 1946 has the power to issue standing orders?
   • (a) Labour Courts
   • (b) Industrial Courts
   • (c) Certifying Office
   • (d) Investigating Officer
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6. Q6 Under Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 an employer convicted by the labour court for dismissing an employee wrongly and filing false criminal charges against him can file an appeal within 30 days to __________
   • (a) Investigating officer
   • (b) Appellate Labour Tribunal
   • (c) Industrial Court
   • (d) National Tribunal
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7. Q7 The investigating officer appointed under Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 provides assistance to __________
   • (a) Industrial Court
   • (b) Labour Court
   • (c) Both Industrial Court and Labour Court
   • (d) The Appropriate Government
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8. Q8 Which of the following is a public utility service as per the Industrial Dispute Act, 1947?
   • (a) Liquor Shops
   • (b) Beauty Parlors
   • (c) Banking Services
   • (d) Electronic repair centers
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9. Q9 Which of the following is not an Industry as per the decision given in Bangalore Water-Supply & Sewerage Board, Etc Vs. R. Rajappa & Others 1978 AIR 548 1978 SCR (3) 207 1978?
   • (a) Irrigation Department of the Government
   • (b) Municipalities
   • (c) Solicitors Firm with 20 employees
   • (d) Places of worship
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10. Q10 Labour courts and Industrial Tribunals are
    • (a) Judicial Bodies
    • (b) Administrative Bodies
    • (c) Executive Bodies
    • (d) Quasi-Judicial Bodies
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11. Q11 In relation to awards and settlement dealt with in ss. 17 & 18 of the Industrial Dispute Act, what was decided in Sir Silk Limited v. Govt. of Andhra Pradesh A.I.R. 1964 S.C. 160
    • (a) Appropriate Government should withhold the publication of the award on being informed jointly by the parties that a settlement has been arrived at.
    • (b) Appropriate Government should not withhold the publication of the award on being informed jointly by the parties that a settlement has been arrived at.
    • (c) No settlement can be reached once the award has been given by the adjudicating authority and government is mandated to publish it.
    • (d) Both processes of adjudication and settlement out of the course of conciliation proceedings cannot be conducted simultaneously.
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12. Q12 What is the formula for calculating layoff compensation?
    • (a) Half of basic pay multiplied by dearness allowance for the number of days laid off
    • (b) Half of basic pay divided by the dearness allowance for the number of days laid off
    • (c) Half of basic pay minus the dearness allowance for the number of days laid off
    • (d) Half of basic pay plus the dearness allowance for the number of days laid off
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13. Q13 As per Section 33 (4) of the Industrial Disputes Act, 1947 how many protected workmen can be declared by the employer on request of the recognized trade union.
    • (a) Ten per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of 50 hundred protected workmen.
    • (b) Five per cent of the total number of workmen employed therein subject to a minimum number of twenty protected workmen and a maximum number of 75 protected workmen.
    • (c) Twenty per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen.
    • (d) One per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen.
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14. Q14 As per sec. 12 (6) of the MRTU & PULP, 1971 the grant of recognition will be refused if the applicant union in the last preceding __________ months from the date of application has instigated, aided or assisted the commencement or continuation of an __________ strike.
    • (a) 1 month, Legal
    • (b) 6 months, legal
    • (c) 1 month, illegal
    • (d) 6 months, illegal
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15. Q15 The Commissioner under the Employees compensation Act, 1923 has __________ the powers of Civil Procedure code 1908 for the purpose of taking evidence on oath, enforcing attendance of witnesses and compelling production of documents.
    • (a) some
    • (b) all
    • (c) certain
    • (d) partly
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16. Q16 Which of these is an unfair labour practice (Victimisation) on part of the employer?
    • (a) To incite or indulge in wilful damage to employer's property connected with the industry
    • (b) The trade union advise or actively support or instigate any strike deemed to be illegal
    • (c) For a recognised union to refuse to bargain collectively in good faith with the employer
    • (d) To transfer an employee on grounds of his trade union activities.
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17. Q17 Under the provision of the Industrial Dispute Act, 1947 the settlement arrived at by process of collective bargaining with the employer has been given a statutory recognition under Section __________ of the Act.
    • (a) 19
    • (b) 20
    • (c) 18
    • (d) 21
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18. Q18 The correct test for determining the employer-employee relationship is whether having regard to the nature of work there is due control and supervision by the employer "In which case was this held?
    • (a) Dharangadhara Chemical Works Ltd vs State Of Saurashtra 1957 AIR 264
    • (b) Delhi Cloth and General Mills ltd Vs. Shambunath Mukherjee 1977 LIC 1645
    • (c) Algu Ram Vs. State of Punjab (1977) II LLJ 207 (Punjab & Harayana)
    • (d) S.N. Goyal Vs. Bank of Baroda AIR 1978 SC 1088.
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19. Q19 Which section of ID Act, 1947 deems an individual dispute to be an Industrial Dispute?
    • (a) Sec. 5
    • (b) Sec. 2 (a)
    • (c) Sec. 2 (b)
    • (d) Sec. 2A
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20. Q20 A workman is employed by an employer to do the job of carpenter. While doing his job, the carpenter meets with an accident and his right hand is amputated through the shoulder. The nature of disablement suffered by him is:
    • (a) Permanent Total
    • (b) Permanent Partial
    • (c) Temporary partial
    • (d) Temporary Total
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SECTION II - Descriptive Questions 10 Questions

1. Q21 Mention three function of the conciliation officer under Industrial Disputes Act, 1947
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2. Q22 What is layoff and on what grounds can the employer declare layoff?
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3. Q23 A bus conductor employed with the Government Road transport is suffering from poor eyesight which cannot be corrected through surgery or treatment. He is retrenched. He files a case challenging his retrenchment. Does the government have a valid ground for retrenching the conductor? Give reasons for your answer.
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4. Q24 What is an illegal strike as per MRTU & PULP, 1971?
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5. Q25 Mention three functions of the Industrial Court under MRTU & PULP, 1971.
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6. Q26 How can modifications be made to standing orders as per the IE (S0) Act, 1946?
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7. Q27 Mention three advantages of collective bargaining in settling labour disputes.
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8. Q28 A ship yard employs more than 30 workmen and 10 of them are welders. The industry owners have provided all safety gears to the welders. One of the welders did not wear the helmet and due to an accident suffered 35 % burns. Is the employer liable under the Employee compensation Act, to pay compensation to the injured employee?
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9. Q29 A paper industry had 6 working days and Mondays off. The employers changed the non-working day to Sunday through the display of a notice. The employees are protesting against this change. Is the employer's action valid as per the Industrial Dispute Act, 1947? Give reasons for your answers.
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10. Q30 Explain in brief the doctrine of "Notional Extension of Employers Premises"
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