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LLB 3 years Sem 5 Labour Law and Industrial Relations II Dec 2025 - 75/25 Question Paper with Solutions

Mumbai University Solved Question Papers

Labour Law and Industrial Relations II

Previous Year Question Paper with Solution

LLB 3 years · Sem 5

Dec 2025 - 75/25 Examination

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First published on munotes.in on 22 September 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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munotes.in is an independent study resource for students of the University of Mumbai. It is not affiliated with the University of Mumbai, and is not endorsed by it.

The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by the University of Mumbai at the Dec 2025 - 75/25 examination.

The answers in this volume state the law as it stands today, and in this subject that matters more than usual. Both Codes were passed in 2020 and came into force only on 21 November 2025, which is after the November 2024 paper was sat and nineteen days before the December 2025 paper. Between them they repealed twenty-two Acts, among them the Employee's Compensation Act 1923, the ESI Act 1948, the EPF Act 1952, the Maternity Benefit Act 1961, the Payment of Gratuity Act 1972 and the Factories Act 1948, so notes printed before 2026 teach repealed statutes. The Central Rules under both Codes came into force on 8 May 2026. Two things are still not notified: the rate of an aggregator's contribution for gig and platform workers under section 114(4), and the date from which it is payable under section 114(5). Where an answer turns on a provision that has since changed, it gives both positions and says which is which.

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MarksPage

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The Paper as Set

The questions in this volume are the questions asked at the Dec 2025 - 75/25 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.

Duration 2½ hours  ·  Total marks 75  ·  21 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.

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Q.1

Q.1: Answer the following not more than two sentences

Any Six · 12 Marks

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(1)'Contract Labour' Under Code on Social Security, 2020.[2]

Answer

Section 2(19) of the Code on Social Security, 2020 defines contract labour. It means a worker who is hired in or in connection with the work of an establishment by or through a contractor. He is hired "with or without the knowledge of the principal employer", and the expression includes an inter-State migrant worker.

Who is left out. The definition excludes a worker, other than a part time employee, who is regularly employed by the contractor for his own establishment. Three things must be true of that worker. His employment must be governed by mutually accepted standards of the conditions of employment, including engagement on a permanent basis. He must get periodical increments in pay. He must get social security coverage and other welfare benefits under the law in force.

Why the exclusion matters. A contractor's own permanent staff are his employees. They are not the contract labour of the establishment where they happen to be posted. The exclusion separates a settled workforce from labour supplied job by job.

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The related definition. A contractor is defined in section 2(20). He is a person who undertakes to produce a given result for the establishment through contract labour. He is also a contractor if he supplies contract labour as mere human resource. The word includes a sub-contractor.

How it is used. Under section 2(27)(d) a contractor is an employer under this Code. So he must pay provident fund and insurance contributions for his workers. Under section 17 the principal employer may recover those amounts from him.

In Royal Talkies, Hyderabad v. Employees' State Insurance Corporation, (1978) 4 SCC 204, a cinema's canteen and cycle stand were run by contractors. The Supreme Court held that those workers were employees for insurance purposes. The theatre was their principal employer and had to pay for them.

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