LABOUR
LAWS
Answer in One/Two Sentences
Industrial Disputes Act, 1947
1) What are the aims and objects of Industrial Disputes Act, 1947?
A: Supreme Court in Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate explained the objects of this Act as under:
(i)
The promotion of measures for securing amity and good relations between the
employer and workman;
(ii)
An investigation and settlement of industrial disputes between employer and
employers, employers and workman or workman and workman with a right of
representative by a Registered Trade Union or Federation of Trade Unions or
Association of employers or a Federation of association of employers;
(iii)
The prevention of illegal strikes and lock-outs;
(iv)
Relief to workman in the matter of lay-off, retrenchment and closure of an
undertaking;
(v)
Collective bargaining.
2) What do you mean
by “Average Pay”?
A: According to S. 2(aaa) "Average pay" means the average of the wages payable to a workman –
A: According to S. 2(aaa) "Average pay" means the average of the wages payable to a workman –
(i) in the case of
monthly paid workman- the average of monthly wages payable in three complete
calendar months,
(ii) In the case of
weekly paid workman- the average of monthly wages payable in four complete
weeks,
(iii) In the case of daily paid workman- the average of monthly
wages payable in twelve full working days, preceding the date on which the
average pay becomes payable if the workman had worked for three complete
calendar months or four complete weeks or twelve full working days, as the case
may be, and where such calculation cannot be made, the average pay shall be
calculated as the average of the wages payable to a workman during the period
he actually worked;
3) What do you mean by an “Award”?
A: According to Section 2 (b), "Award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A.
A: According to Section 2 (b), "Award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A.
4) How an Award is enforced?
A: An award may be enforced in the following ways;
A: An award may be enforced in the following ways;
i) The aggrieved party may apply to Appropriate Government for
prosecuting the defaulting party under Section 29 or 31 of this Act.
ii) Where any money is payable
by the employer to a workman, the workman may move the Appropriate Government
for recovery of the money due to him under the award.
iii) The party in whose
favor the award has been granted may file a suit and obtain a decree which
shall be enforced by execution under the provision of the Civil Procedure Code.
5) What do you mean by Board?
A: According to Section 2 (c), Board means a Board of Conciliation constituted under Industrial Dispute Act. Instead of using a large expression a single word denoting the same meaning as ‘Board of Conciliation’ has been used.
A: According to Section 2 (c), Board means a Board of Conciliation constituted under Industrial Dispute Act. Instead of using a large expression a single word denoting the same meaning as ‘Board of Conciliation’ has been used.
6) What do you mean by Conciliation Officer?
A: “Conciliation Officer” means a conciliation officer appointed under the Industrial Dispute Act (Section 2 (d)).
A: “Conciliation Officer” means a conciliation officer appointed under the Industrial Dispute Act (Section 2 (d)).
7) What is conciliation proceeding?
A: Conciliation proceeding means any proceeding held by a Conciliation Officer or Board under Industrial Dispute Act (Section 2 (e)).
A: Conciliation proceeding means any proceeding held by a Conciliation Officer or Board under Industrial Dispute Act (Section 2 (e)).
8) What is controlled industry?
A: Controlled Industry means any industry, the control of which by the Union has been declared by any Central Act to be expedient in the public interest. Therefore, a controlled industry implies an industry which is controlled by the Union, i.e., the Central Government. But that is not enough. Any industry in order to be controlled industry must not be controlled by the Central Government but must also be declared by the Central Act to be controlled by the Union and that such control by Central Government be expedient in the public interest.
A: Controlled Industry means any industry, the control of which by the Union has been declared by any Central Act to be expedient in the public interest. Therefore, a controlled industry implies an industry which is controlled by the Union, i.e., the Central Government. But that is not enough. Any industry in order to be controlled industry must not be controlled by the Central Government but must also be declared by the Central Act to be controlled by the Union and that such control by Central Government be expedient in the public interest.
9) What do you mean by “Employer”?
A: Section 2(g) of the Industrial Dispute Act states the meaning of the word ‘employer’ in relation to industries carried on by or under the authority of Central Government, State Government and Local Authorities.
A: Section 2(g) of the Industrial Dispute Act states the meaning of the word ‘employer’ in relation to industries carried on by or under the authority of Central Government, State Government and Local Authorities.
10) What is meant by Executive?
A: Executive in relation to a Trade Union means the body by whatever name called, to which the management of the affairs of the Trade Union trusted. (Section 2 (gg))
A: Executive in relation to a Trade Union means the body by whatever name called, to which the management of the affairs of the Trade Union trusted. (Section 2 (gg))
11) What is an Industry?
A: Industry means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen. (Section 2(j))
A: Industry means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen. (Section 2(j))
12) Is Municipal Corporation an Industry?
A: Yes. It was held in D N Banerjee vs. P R Mukherjee AIR 1953 SC 58, that a public utility service such as railways, telephones and the supply of power, light or water to the public may be carried on by private companies or business corporations and if these public utility services are carried on by local bodies like Municipality they do not cease to be an industry.
A: Yes. It was held in D N Banerjee vs. P R Mukherjee AIR 1953 SC 58, that a public utility service such as railways, telephones and the supply of power, light or water to the public may be carried on by private companies or business corporations and if these public utility services are carried on by local bodies like Municipality they do not cease to be an industry.
13) Whether a Hospital is an Industry?
A: It was held by Supreme Court in State of Bombay vs. Hospital Mazdoor Sabha, AIR 1960 SC 610 that hospital is an industry.
A: It was held by Supreme Court in State of Bombay vs. Hospital Mazdoor Sabha, AIR 1960 SC 610 that hospital is an industry.
14) Whether Educational Institutions are an industry?
A: It was held by Supreme Court in Bangalore Water Supply vs. A Rajappa AIR 1978 Sc 548 that even a University would be an industry although its employees as such are not workmen within the meaning of Section 2(s) of the Industrial Dispute Act, may not get desired benefits to which a workman in an industry may be entitled.
A: It was held by Supreme Court in Bangalore Water Supply vs. A Rajappa AIR 1978 Sc 548 that even a University would be an industry although its employees as such are not workmen within the meaning of Section 2(s) of the Industrial Dispute Act, may not get desired benefits to which a workman in an industry may be entitled.
15) Whether Cricket Club of India and Madras Gymkhana Club are
an industry?
A: Yes, as they fulfill the triple test laid down in Banglore Water Supply Case. Both are systematically organized with the co-operation of employer and employee for distribution of service to satisfy human wishes.
A: Yes, as they fulfill the triple test laid down in Banglore Water Supply Case. Both are systematically organized with the co-operation of employer and employee for distribution of service to satisfy human wishes.
16) Whether Solicitor’s Firm or Lawyer’s Office is an industry?
A: It was held in NNUC Employees vs. Industrial Tribunal AIR 1962 SC 1080, that a solicitor’s firm carrying on work of an attorney is not an industry, although specifically considered it is organized as an industrial concern. There are different categories of servants employed by a firm, each category being assigned separate duties or functions. But the service rendered by a solicitor functioning either individually or working together with parties with parties is service which is essentially individual; it depends upon the professional equipment, knowledge and efficiency of the solicitor concerned.
A: It was held in NNUC Employees vs. Industrial Tribunal AIR 1962 SC 1080, that a solicitor’s firm carrying on work of an attorney is not an industry, although specifically considered it is organized as an industrial concern. There are different categories of servants employed by a firm, each category being assigned separate duties or functions. But the service rendered by a solicitor functioning either individually or working together with parties with parties is service which is essentially individual; it depends upon the professional equipment, knowledge and efficiency of the solicitor concerned.
17) Whether a Co-operative Milk Society, an Oil Distribution
Company, a Chamber of Commerce, a Partnership Firm of Accountants, a Registered
Association of Cloth Merchants, a Book Shop are industries?
A: A Co-operative Milk Society, an Oil Distribution Company, a Chamber of Commerce, a Partnership Firm of Accountants, a Registered Association of Cloth Merchants, a Book Shop, a Business of loading and unloading goods, a Hair cutting saloon, Railways, a Pharmacy, a Dock Labor Board are all industries within the meaning of the term under Section 2 (j) of Industrial Dispute Act.
A: A Co-operative Milk Society, an Oil Distribution Company, a Chamber of Commerce, a Partnership Firm of Accountants, a Registered Association of Cloth Merchants, a Book Shop, a Business of loading and unloading goods, a Hair cutting saloon, Railways, a Pharmacy, a Dock Labor Board are all industries within the meaning of the term under Section 2 (j) of Industrial Dispute Act.
18) Define ‘Industrial Dispute’ under Industrial Dispute Act,
1947.
A: According to Section 2 (k), it means any dispute or differences between-
A: According to Section 2 (k), it means any dispute or differences between-
a) employers and employees, or
b) employers and workmen
or,
c) workmen and workmen, which is connected with:
i) the employment or non-employment; or
ii) the terms of employment; or
iii) with the condition of labor of any person.
19) When does an industrial dispute arise?
A: When the demand is made by the workmen and rejected by the management or vice- versa.
A: When the demand is made by the workmen and rejected by the management or vice- versa.
20) When an individual dispute can be treated as industrial
dispute?
A: If it fulfills the two conditions i.e.,
A: If it fulfills the two conditions i.e.,
i) The workmen as a body
or a considerable section of them must be found to have made common cause with
the individual workman, and
ii) The dispute was taken up or sponsored by the workmen as a
body or a considerable section of them at a time before the date of reference.
21) What are the objects of Industrial Dispute Act, 1947?
A: i) The promotion of measures for securing and preserving amity and good relations between the employer and workmen;
A: i) The promotion of measures for securing and preserving amity and good relations between the employer and workmen;
ii) An investigation and settlement of industrial disputes;
iii) Prevention of illegal strikes and lock outs;
iv) Relief of the workmen in the matter of lay-off and
retrenchment; and
v) Collective bargaining.
22) How an industrial dispute can be referred to an Industrial
Tribunal?
A: By agreement of parties to the dispute or by the State Government if it deems to do so.
A: By agreement of parties to the dispute or by the State Government if it deems to do so.
23) During which period the strike and lock-outs are prohibited?
A: The strikes and lock-outs are prohibited during
A: The strikes and lock-outs are prohibited during
(i) The Pendency of Conciliation and Adjudication proceedings;
(ii) The Pendency of Settlements reached in the course of
conciliation proceedings; and
(iii) The Pendency of awards of Industrial Tribunal declared
binding by the appropriate Government.
24) What are the various industries which can be declared as
public utility services by the Government in public interest or emergency?
A: Transport (other than Railways), Coal, Cotton Textiles, Food Stuff and Iron and Steel Industries.
A: Transport (other than Railways), Coal, Cotton Textiles, Food Stuff and Iron and Steel Industries.
25) What are the various authorities provided for the settlement
of industrial disputes?
A: Works Committee, Conciliation Officers, Board of Conciliation, Courts of Inquiry, Labor Courts, State Tribunal and National Tribunal.
A: Works Committee, Conciliation Officers, Board of Conciliation, Courts of Inquiry, Labor Courts, State Tribunal and National Tribunal.
26) What can be the best test of Retrenchment?
A: The termination in order to be retrenchment should be of surplus labor or staff and in an industry which is continuing and nor closed or transferred. (Hari Prasad v. A.D. Divalkar)
A: The termination in order to be retrenchment should be of surplus labor or staff and in an industry which is continuing and nor closed or transferred. (Hari Prasad v. A.D. Divalkar)
27) What may be justified grounds of surplus of workman?
A: (i) Rationalization; or
A: (i) Rationalization; or
(ii) Economy, Reasonably and bona fide adopted by the
management; or
(iii) Other industrial or trade reasons.
28) What are the principles of retrenchment in industrial law?
A: “Last come first go” or “First come last go”.
A: “Last come first go” or “First come last go”.
29) How the average pay is to be calculated in case where
calculation cannot be made on the basis of months, weeks or days of employment
of a workman u/s 2(aaa) of the IDA?
A: In such cases average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked.
A: In such cases average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked.
30) What is the object of S.33 of the IDA?
A: It imposes a ban on the employer from altering the service conditions to the prejudice of the workman or discharging or inflicting punishment like, dismissal etc., during the pendency of the respective authority.
A: It imposes a ban on the employer from altering the service conditions to the prejudice of the workman or discharging or inflicting punishment like, dismissal etc., during the pendency of the respective authority.
31) State the procedure and powers of commissioner for settling
the claims of compensation.
A: SECTION 23: POWERS AND PROCEDURE OF COMMISSIONERS - The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) for the purpose of taking evidence on oath (which such Commissioner is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects and the Commissioner shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXVI of the Code of Criminal Procedure, 1973.
A: SECTION 23: POWERS AND PROCEDURE OF COMMISSIONERS - The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) for the purpose of taking evidence on oath (which such Commissioner is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects and the Commissioner shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXVI of the Code of Criminal Procedure, 1973.
Workman’s
Compensation Act, 1923
1) What is the object of the Workman’s Compensation Act, 1923?
A: The object of this Act is to make provision for the payment of compensation by certain class of employers to their workman for injury by accident. The reasons that compelled the initiation of the Bill were attributed to the growing complexity of industry with the increasing use of machinery and consequent danger to workman along with the comparative poverty of workman themselves that rendered it advisable that they should be protected as far as possible from hardships arising from accidents.
A: The object of this Act is to make provision for the payment of compensation by certain class of employers to their workman for injury by accident. The reasons that compelled the initiation of the Bill were attributed to the growing complexity of industry with the increasing use of machinery and consequent danger to workman along with the comparative poverty of workman themselves that rendered it advisable that they should be protected as far as possible from hardships arising from accidents.
2) What is the nature of liability to pay compensation under the
Act?
A: Nature of Liability: The Workman’s Compensation Act created a new type of liability. It is not strictly a liability arising out of tort, but is a sort of liability arising out of the liability to pay compensation at a rate fixed in the Act itself to any workman incapacitated by an accident arising out of and in the course of his employment.
A: Nature of Liability: The Workman’s Compensation Act created a new type of liability. It is not strictly a liability arising out of tort, but is a sort of liability arising out of the liability to pay compensation at a rate fixed in the Act itself to any workman incapacitated by an accident arising out of and in the course of his employment.
3) What are the principles governing the compensation under the
Act?
A: The main principle governing the compensation is not dependent on the suffering caused to the workman or expenses incurred by him in his treatment but on the difference between his wage earning capacity before and after the accident. The liability for the payment of compensation is not dependent upon the neglect or wrongful Act on the part of the employer.
A: The main principle governing the compensation is not dependent on the suffering caused to the workman or expenses incurred by him in his treatment but on the difference between his wage earning capacity before and after the accident. The liability for the payment of compensation is not dependent upon the neglect or wrongful Act on the part of the employer.
4) What is Doctrine of Added Peril?
A: The principle of added peril means that if a workman while doing his employer’s work, trade or business engages himself in some other work which he is not ordinarily required to do under the contract of his employment and which Act involves extra danger, he cannot hold his master liable for the risk arising therefore.
A: The principle of added peril means that if a workman while doing his employer’s work, trade or business engages himself in some other work which he is not ordinarily required to do under the contract of his employment and which Act involves extra danger, he cannot hold his master liable for the risk arising therefore.
5) Define Commissioner?
A: Commissioner- S 2(I)(b) of the Act says that “Commissioner” means a Commissioner for Workman Compensation appointed u/s 20 of the Act. There is difference of opinion amongst the High Courts whether Commissioner is a Civil Court or not. According to Patna High Court, Commissioner is Civil Court subordinate to the High Court. But according to the latest decision of Madhya Pradesh High Court in Yashwant Rao v. Sampat, Commissioner is a tribunal and not a Civil Court.
A: Commissioner- S 2(I)(b) of the Act says that “Commissioner” means a Commissioner for Workman Compensation appointed u/s 20 of the Act. There is difference of opinion amongst the High Courts whether Commissioner is a Civil Court or not. According to Patna High Court, Commissioner is Civil Court subordinate to the High Court. But according to the latest decision of Madhya Pradesh High Court in Yashwant Rao v. Sampat, Commissioner is a tribunal and not a Civil Court.
6) What do you mean by Compensation?
A: Compensation – 2(I)(c) says that “Compensation” means compensation as provided for by this Act. Compensation under this Act is not the same thing as damages in Torts. Once the compensation is determined by the Commissioner on the basis of a medical certificate issued by a qualified medical practitioner, it cannot subsequently be upset on the ground that another doctor had after one an half years found some improvement in the injured organ of the workman.
A: Compensation – 2(I)(c) says that “Compensation” means compensation as provided for by this Act. Compensation under this Act is not the same thing as damages in Torts. Once the compensation is determined by the Commissioner on the basis of a medical certificate issued by a qualified medical practitioner, it cannot subsequently be upset on the ground that another doctor had after one an half years found some improvement in the injured organ of the workman.
7) Who is a dependant?
A: Meaning of Dependant- S. 2(I)(d) of the Act defines dependant. Under this sub-section relations of a workman are divided into three classes. However, there is no preferential right amongst dependants to maintain claim application. The dependants are not classified in different categories in the sense that those specified in category I will exclude other. Dependants belonging to any category may claim simultaneously.
A: Meaning of Dependant- S. 2(I)(d) of the Act defines dependant. Under this sub-section relations of a workman are divided into three classes. However, there is no preferential right amongst dependants to maintain claim application. The dependants are not classified in different categories in the sense that those specified in category I will exclude other. Dependants belonging to any category may claim simultaneously.
8) What do you mean by Employer?
A: In view of S. 2(I)(e) employer includes the following-
A: In view of S. 2(I)(e) employer includes the following-
(i) anybody of persons whether incorporated or not,
(ii) any managing agent or an employer,
(iii) legal representative of a deceased employer, and
(iv) when the
services of a workman are temporarily lent on hire to another person by the
person with whom the workman has entered into a contract or service or
apprenticeship, means such other person while the workman is working for him.
9) What is Partial Disablement?
A: Section 2g "partial disablement" means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement.
A: Section 2g "partial disablement" means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement.
10) What is total disablement?
A: Section 2 (L): "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement.
A: Section 2 (L): "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement.
11) What do you mean by Wages under the WCA?
A: The term ‘wages’ as defined in S. 2(I)(m) includes any privileges or benefit which is capable of being estimated in money. The definition is not exhaustive. The following are not wages;
A: The term ‘wages’ as defined in S. 2(I)(m) includes any privileges or benefit which is capable of being estimated in money. The definition is not exhaustive. The following are not wages;
(i) raveling allowance or
the value of any traveling concession;
(ii) Contribution paid by
the employer of a workman towards; (a) any pension, or (b) any provident fund;
and
(iii) Any sum paid to a
workman to cover any special expenses incurred on him by the nature of his
employment,
(iv) Leave carried forward of next year.
12) What is the meaning or Accident?
A: The expression “accident” has not been defined in the Act. It means any unexpected mishap, untoward event, or consequence brought about by some unanticipated or undersigned Act which, could not be provided against. The basic and indispensable ingredient of the accident is the unexpectation. Whether a particular occurrence is accident or not, it must be looked upon not only from the point of view of the person who causes it but also from the point of view of the person who suffers it.
A: The expression “accident” has not been defined in the Act. It means any unexpected mishap, untoward event, or consequence brought about by some unanticipated or undersigned Act which, could not be provided against. The basic and indispensable ingredient of the accident is the unexpectation. Whether a particular occurrence is accident or not, it must be looked upon not only from the point of view of the person who causes it but also from the point of view of the person who suffers it.
13) What does the expression ‘notional extension of time and
place’ mean?
A: It means that the employment of a workman may begin or may end not only when the employee begins to work or leaves his tools but also when he used the means of access and egress (the action or right of going or coming out) to and from the place or employment.
A: It means that the employment of a workman may begin or may end not only when the employee begins to work or leaves his tools but also when he used the means of access and egress (the action or right of going or coming out) to and from the place or employment.
14) In what cases the employer is not liable to pay compensation
to the workman?
A: (i) If the injury did not result in total or partial disablement for a period exceeding three days; and
A: (i) If the injury did not result in total or partial disablement for a period exceeding three days; and
(ii) In respect of any injury, not resulting in death, caused by
the accident indirectly attributable to – (a) The workman having been at the
time of accident under the influence of drink or drug; or (b) the willful
removal or disregard by the workman of any safety guards or other device which
he knows to have been provided for the purpose of securing the safety of the
workman.
15) What are the remedies available to a workman in respect of
injuries sustained by him during the course of employment?
A: (i) The workman can file a suit against employer for compensation u/s 3 of the Workman’s Compensation Act, 1923, or
A: (i) The workman can file a suit against employer for compensation u/s 3 of the Workman’s Compensation Act, 1923, or
(ii) the workman can file a suit in the Civil Court for damages
against; the employer, or
(iii) the workman can enter into an agreement with the employer
providing for the payment of compensation in view of the provisions of S. 25 of
the Workman’s Compensation Act, 1923. The above remedies are alternative.
16) What do you mean by total disablement?
A: It means –
A: It means –
(i) disablement whether of a temporary or permanent nature, as
incapacitates a workman for all work which he was capable of performing at the
time of the accident resulting in such disablement and
(ii) the aggregate percentage of the loss of earning capacity
amounts to 100% pr more.
17) What is the difference between total disablement and partial
disablement?
A: A partial disablement only reduces the earning capacity of a workman while a total disablement incapacitates workman from all work, which he was capable of performing at the time of the accident.
A: A partial disablement only reduces the earning capacity of a workman while a total disablement incapacitates workman from all work, which he was capable of performing at the time of the accident.
M.R.T.U. &
P.U.L.P. Act, 1971
1) What are the objects of the M.R.T.U. & P.U.L.P. Act,
1971?
A: The main objects of the Act are: (a) to recognize certain trade unions for promoting collective bargaining; (b) to prevent certain unfair labor practices on the part of the employers, employees and trade unions, and (c) to prohibit certain strikes and lock-outs.
A: The main objects of the Act are: (a) to recognize certain trade unions for promoting collective bargaining; (b) to prevent certain unfair labor practices on the part of the employers, employees and trade unions, and (c) to prohibit certain strikes and lock-outs.
2) Since when the Act has come into force?
A: The Act has come into force from 8th September, 1975.
A: The Act has come into force from 8th September, 1975.
3) Which industries are covered by the Act?
A: Section 2(3) - The Act is applicable to: (a) every industry to which the Bombay Industrial Relations Act, 1946, applies for the time being, and (b) every industry to which the Industrial Disputes Act, 1947, applies and in respect of which the State Government is the appropriate Government.
A: Section 2(3) - The Act is applicable to: (a) every industry to which the Bombay Industrial Relations Act, 1946, applies for the time being, and (b) every industry to which the Industrial Disputes Act, 1947, applies and in respect of which the State Government is the appropriate Government.
4) What is meant by “unfair labor practices”?
A: Section 26 - The various practices listed in Schedules II, III and IV to the Act is called unfair labor practices. These practices are noting but unfair acts or omissions on the part of the employers, employees or trade unions.
A: Section 26 - The various practices listed in Schedules II, III and IV to the Act is called unfair labor practices. These practices are noting but unfair acts or omissions on the part of the employers, employees or trade unions.
5) Can a Union which is not registered under the Trade Unions
Acts seek recognition under the M.R.T.U. & P.U.L.P Act?
A: A union which is not registered under the Trade Unions Act, cannot seek recognition under the M.R.T.U. & P.U.L.P. Act. Consequently, if a recognized union loses its registration under the Trade Unions Act, it would lose its recognition under the M.R.T.U. Act.
A: A union which is not registered under the Trade Unions Act, cannot seek recognition under the M.R.T.U. & P.U.L.P. Act. Consequently, if a recognized union loses its registration under the Trade Unions Act, it would lose its recognition under the M.R.T.U. Act.
6) Can one union be recognized for more than one undertaking?
A: Section 18 - Though there cannot be more than one recognized union in respect of the same undertaking, the Act permits that one union may be recognized for more than one undertaking.
A: Section 18 - Though there cannot be more than one recognized union in respect of the same undertaking, the Act permits that one union may be recognized for more than one undertaking.
7) Does the cancellation of the recognition of a union relieve
the union or members of the union from any penalty or liability incurred under
the Act?
A: Section 16 - Even after the cancellation of the recognition of a union, the union and the members of the union will not he relieved from any penalty or liability incurred under the Act prior to such cancellation.
A: Section 16 - Even after the cancellation of the recognition of a union, the union and the members of the union will not he relieved from any penalty or liability incurred under the Act prior to such cancellation.
8) Can there be a lock-out of a single employee?
A: Plural reference to employees includes singular. It is not that for lock-out the number of employees has to be more than one. Even a single employee can be locked out.
A: Plural reference to employees includes singular. It is not that for lock-out the number of employees has to be more than one. Even a single employee can be locked out.
9) Is it unfair labor practice on the part of an employer to
lock-out all his employees when his coercive action is directed against some
for them and not against all of them?
A: It is open to an employer to lock-out all his employees even if his intention is to persuade by that coercive process not all of them but only a section of them.
A: It is open to an employer to lock-out all his employees even if his intention is to persuade by that coercive process not all of them but only a section of them.
10) Can a union which is not recognized under the Act file a
complaint under Section 39 of the Act?
A: Under section 39 of the Act, cognizance of an offence punishable under the Act can be taken on a complaint of facts constituting such offence made by the person affected thereby or a recognized union. A union which is not a recognized under the Act cannot file a complaint under the said section.
A: Under section 39 of the Act, cognizance of an offence punishable under the Act can be taken on a complaint of facts constituting such offence made by the person affected thereby or a recognized union. A union which is not a recognized under the Act cannot file a complaint under the said section.
Industrial
Employment (Standing Orders) Act, 1946
1) What is the object of the Industrial Employment (Standing
Orders) Act, 1946?
A: Its object is to make it clear to both, the conditions that the workman is offering to work and the employer is offering to engage them.
A: Its object is to make it clear to both, the conditions that the workman is offering to work and the employer is offering to engage them.
2) What do you mean by Standing Order?
A: According to S. 2(g), ‘Standing Orders’ means rules relating to matter set out in the Schedule of the Act.
A: According to S. 2(g), ‘Standing Orders’ means rules relating to matter set out in the Schedule of the Act.
3) What is meant by “Model Standing Orders”?
A: S. 2(ee) & 15 - “Model Standing Orders” means the standing orders prescribed by the Central Government or a State Government for the purposes of the Act to serve as a model. They provide a pattern of the rules of conduct relating to the various matters specified in the Schedule appended to the Act.
A: S. 2(ee) & 15 - “Model Standing Orders” means the standing orders prescribed by the Central Government or a State Government for the purposes of the Act to serve as a model. They provide a pattern of the rules of conduct relating to the various matters specified in the Schedule appended to the Act.
4) Can a workman file an appeal against the order of the
Certifying Officer?
A: S.6 – If any workman or trade union is aggrieved by the order of the Certifying Officer, he or it also can file an appeal to the appellate authority.
A: S.6 – If any workman or trade union is aggrieved by the order of the Certifying Officer, he or it also can file an appeal to the appellate authority.
5) Which is the date from which the standing order comes into
operation?
A: S.7 - Standing orders come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent by the Certify8ing Officer to the employer.
A: S.7 - Standing orders come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent by the Certify8ing Officer to the employer.
6) Is there any time limit for making an application for
modification of standing orders?
A: Subject to the provisions of S. 10(1) of the Act, an application for modification of standing orders can be made at any time. Section 10(2) of the Act does not contain any time limit to make a modification application.
A: Subject to the provisions of S. 10(1) of the Act, an application for modification of standing orders can be made at any time. Section 10(2) of the Act does not contain any time limit to make a modification application.
7) Can the employer have two sets of standing orders, one for
the old workman and another for the new workman?
A: The object of the Act is to have uniform standing orders. Once the standing orders come into force, they bind all those presently in the employment of the concerned establishment as well as those who are appointed thereafter
A: The object of the Act is to have uniform standing orders. Once the standing orders come into force, they bind all those presently in the employment of the concerned establishment as well as those who are appointed thereafter
8) Who can be appointed as an Inquiry Officer?
A: The employer can appoint
A: The employer can appoint
(a) an officer employed in his industrial establishment,
(b) an officer from outside, or
(iii) an advocate, as an Inquiry Officer.
9) What are the various punishment that can be awarded to a
workman?
A: A workman who is found guilty of misconduct can be punished with any one of the following four punishments: (i) dismissal without notice, (ii) suspension for a period of not more than four days, (iii) fine, and (iv) earning or censure.
A: A workman who is found guilty of misconduct can be punished with any one of the following four punishments: (i) dismissal without notice, (ii) suspension for a period of not more than four days, (iii) fine, and (iv) earning or censure.
10) What is the liability of the employer in case no action is
taken against a workman suspended pending inquiry?
A: If on the conclusion for the inquiry no action is taken against a workman he shall be deemed to have been on duty during the entire period of suspension and shall be paid full wages for the same after deducting the subsistence allowance paid to him.
A: If on the conclusion for the inquiry no action is taken against a workman he shall be deemed to have been on duty during the entire period of suspension and shall be paid full wages for the same after deducting the subsistence allowance paid to him.
(Additional Short
Answers)
1) State the conditions precedent to retrenchment of Workman?
A: CONDITIONS PRECEDENT TO RETRENCHMENT OF WORKMEN – Section 25F: No workman employed in any industry that has been in continuous service for not less than one year under an employer shall be retrenched by that employer until –
A: CONDITIONS PRECEDENT TO RETRENCHMENT OF WORKMEN – Section 25F: No workman employed in any industry that has been in continuous service for not less than one year under an employer shall be retrenched by that employer until –
(a) the workman has been given one month's notice in writing
indicating the reasons for retrenchment and the period of notice has expired,
or the workman has been paid in lieu of such notice, wages for the period of
the notice;
(b) the workman has been paid, at the time of retrenchment,
compensation which shall be equivalent to fifteen days' average pay for every
completed year of continuous service or any part thereof in excess of six
months; and
(c) Notice in the prescribed manner is served on the appropriate
Government or such authority as may be specified by the appropriate Government
by notification in the Official Gazette.
2) State the procedure for retrenchment.
A: Section 25G. PROCEDURE FOR RETRENCHMENT- Where any workman in an industrial establishment, who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman.
A: Section 25G. PROCEDURE FOR RETRENCHMENT- Where any workman in an industrial establishment, who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman.
3) When is a workman not entitled to lay off compensation?
A: No compensation shall be paid to a workman who has been laid off –
A: No compensation shall be paid to a workman who has been laid off –
(i) if he refuses to accept any alternative employment in the
same establishment from which he has been laid off, or in any other
establishment belonging to the same employer situate in the same town or
village or situate within a radius of five miles from the establishment to
which he belongs, if, in the opinion of the employer, such alternative
employment does not call for any special skill or previous experience and can
be done by the workman, provided that the wages which would normally have been
paid to the workman are offered for the alternative employment also;
(ii) if he does not present himself for work at the
establishment at the appointed time during normal working hours at least once a
day;
(iii) if such laying off is due to a strike or slowing-down of
production on the part of workmen in another part of the establishment.
4) State the authorities under the MRTU and PULP Act, 1971.
(April 06)
A: Industrial Court, Labour Court, Investigation Officer.
A: Industrial Court, Labour Court, Investigation Officer.
5) State the Rights of an Unrecognized Union.
A: (i) to meet and discuss with an employer or any person appointed by him in that behalf, the grievances of any individual member relating to his discharge, removal, retrenchment, termination of service and suspension;
A: (i) to meet and discuss with an employer or any person appointed by him in that behalf, the grievances of any individual member relating to his discharge, removal, retrenchment, termination of service and suspension;
(ii) to appear on behalf of any of its members employed in the
undertaking in any domestic or departmental inquiry held by the employer.
6) Who exercises superintendence over the Labour Court under the MRTU and PULP Act, 1971? (April 06)
A: Industrial Court.
7) When is conciliation proceeding deemed to have commenced
under the Industrial Disputes Act, 1947?
A: A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out under Section 22 is received by the conciliation officer.
A: A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out under Section 22 is received by the conciliation officer.
8) Define Lay Off.
A: "Lay-off" (with its grammatical variations and expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery or natural calamity or for any other connected reason to give employment to a workman whose name is borne on the muster-rolls of his industrial establishment and who has not been retrenched;
A: "Lay-off" (with its grammatical variations and expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery or natural calamity or for any other connected reason to give employment to a workman whose name is borne on the muster-rolls of his industrial establishment and who has not been retrenched;
9) State any one obligation of a recognized union under the MRTU
and PULP Act, 1971.
A: (i) The membership subscription shall be not less than fifty paise per month;
A: (i) The membership subscription shall be not less than fifty paise per month;
(ii) The Executive Committee shall meet at intervals of not more
than three months;
(iii) All resolutions passed, whether by the Executive Committee
or the general body of the union, shall be recorded in a minute book kept for
the purpose;
(iv) An auditor appointed by the State Government may audit its
account at least once in each financial year.
10) Who adjudicates Schedule III matters under the Industrial Disputes Act, 1947? (April 06)
A: Industrial Tribunal
11) State any one duty of the Investigating Officer under the
MRTU & PULP Act, 1971
A: (1) The Investigating Officer shall be under the control of the Industrial Court, and shall exercise powers and perform duties imposed on him by the Industrial Court.
A: (1) The Investigating Officer shall be under the control of the Industrial Court, and shall exercise powers and perform duties imposed on him by the Industrial Court.
(2) It shall be the duty of an Investigating Officer to assist
the Industrial Court in matters of verification of membership of unions, and
assist the Industrial and Labour Courts for investigating into complaints
relating to unfair labour practices.
(3) It shall also be the duty of an Investigating Officer to
report to the Industrial Court, or as the case may be, the Labour Court the
existence of any unfair labour practices in any industry or undertaking, and
the name and address of the persons said to be engaged in unfair labour
practices and any other information which the Investigating Officer may deem
fit to report to the Industrial Court, or as the case may be, the Labour Court.
12) When is prior approval necessary of the appropriate
government in case retrenchment?
A: If an industrial establishment is covered by Chapter V B of The Industrial Disputes Act, i.e. an industrial establishment in which not less then 100 workman were employed on an average per working day for the preceding twelve months.
A: If an industrial establishment is covered by Chapter V B of The Industrial Disputes Act, i.e. an industrial establishment in which not less then 100 workman were employed on an average per working day for the preceding twelve months.
13) State the Section number of the MRTU & PULP Act, 1971
dealing with the obligations of Recognized Unions.
A: Section 19.
A: Section 19.
14) State the Section number of the Workman’s Compensation Act,
1923 dealing with contracting out.
A: Section 17
A: Section 17
15) State how can a workman recover money due from the employer
under the Industrial Disputes Act?
A: The workman himself or any other person authorized by him on writing in his behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode or recovery, make an application to the appropriate Government for the recovery of the money due to him, under Section 33(c).
A: The workman himself or any other person authorized by him on writing in his behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode or recovery, make an application to the appropriate Government for the recovery of the money due to him, under Section 33(c).
16) State on whom is a settlement binding?
A: A settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement, all other parties summoned to appear in the proceedings as parties to the dispute, unless the Board, arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, records the opinion that they were so summoned without proper cause; is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates.
A: A settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement, all other parties summoned to appear in the proceedings as parties to the dispute, unless the Board, arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, records the opinion that they were so summoned without proper cause; is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates.
17) Before making reference under Section 10 if the Industrial
Disputes Act, 1947 the appropriate government must form opinion with respect to
what matter?
A: Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing, - (a) refer the dispute to a Board for promoting a settlement thereof, or (b) refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry.
A: Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing, - (a) refer the dispute to a Board for promoting a settlement thereof, or (b) refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry.
18) When Central Government may constitute a National Tribunal?
A: The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes. (Sec. 7B/IDA)
A: The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes. (Sec. 7B/IDA)
19) Specify at least two duties of the Industrial Court under
MRTU & PULP Act, 1971.
A: (a) To decide an application by a union for grant of recognition to it;
A: (a) To decide an application by a union for grant of recognition to it;
(b) To decide an application by a union for grant of recognition
to it in place of a union which has already been recognized under this Act?
(c) To decided an application from another union or an employer
for withdrawal or cancellation of the recognition of a union;
(d) To decide complaints relating to unfair labour practices
except unfair labor practices falling in item 1 of Schedule IV;
(e) To assign work, and to give directions, to the Investigating
Officers in matters of verification of membership of unions, and investigation
of complaints relating to unfair labour practices;
(f) To decide references made to it on any point of law either
by any civil or criminal court; and
(g) To decide appeals under section 42.
20) Which is the authority which has a power to try offences under MRTU & PULP Act, 1971?
A: Labor Court.
21) Specify 2 Unfair Labor practices on the part of Trade
Unions.
A: (1) To advice or actively support or instigate any strike deemed to be illegal under this Act.
A: (1) To advice or actively support or instigate any strike deemed to be illegal under this Act.
(2) To coerce employees in the exercise of their right to
self–organized or to join unions or refrain from joining any union that is to
say–
(a) for a union or its members to picketing in such a manner
that non–striking employees are physically debarred from entering the work
place,
(b) to indulge in acts of force or violence or to hold out
threats of intimidation in connect with a strike against non–striking employees
or against managerial staff.
(3) For a recognized union to refuse to bargain collectively in good faith with the employer.
(4) To indulge in coercive activities against certification of a bargaining representative.
(5) To stage, encourage or instigate such form of coercive actions as willful “go slow” squatting on the work premises after working hours or “gherao” of any of the members of the managerial or other staff.
(6) To stage demonstrations at the residence of the employers or the managerial staff members.
(3) For a recognized union to refuse to bargain collectively in good faith with the employer.
(4) To indulge in coercive activities against certification of a bargaining representative.
(5) To stage, encourage or instigate such form of coercive actions as willful “go slow” squatting on the work premises after working hours or “gherao” of any of the members of the managerial or other staff.
(6) To stage demonstrations at the residence of the employers or the managerial staff members.
22) State the number of the Section which is dealing with
contracting Under the Workman’s Compensation Act, 1923.
A: Section 12
A: Section 12
23) What are the conditions necessary for certifying standing
orders?
A: (i) Provisions should be made in the Standing Orders for every matter set out in the Schedule to the Act, so far as the same is applicable to that industrial establishment, and as the same is applicable to that industrial establishment , and
A: (i) Provisions should be made in the Standing Orders for every matter set out in the Schedule to the Act, so far as the same is applicable to that industrial establishment, and as the same is applicable to that industrial establishment , and
(ii) The Standing Orders should otherwise be in conformity with
all the provisions of the Act.
24) Specify two direct dependents of a deceased workman i.e. who
need not prove dependency on the earnings of the deceased.
A: A widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter, or a widowed mother.
A: A widow, a minor legitimate or adopted son, an unmarried legitimate or adopted daughter, or a widowed mother.
25) State the procedure for re-employment of retrenched workman.
A. Section 25H. RE-EMPLOYMENT OF ETRENCHED WORKMEN - Where any workmen are retrenched, and the employer proposes to take into his employment any persons, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workmen who are citizens of India to offer themselves for re-employment, and such retrenched workmen who offer themselves for re-employment shall have preference over other persons.
A. Section 25H. RE-EMPLOYMENT OF ETRENCHED WORKMEN - Where any workmen are retrenched, and the employer proposes to take into his employment any persons, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workmen who are citizens of India to offer themselves for re-employment, and such retrenched workmen who offer themselves for re-employment shall have preference over other persons.
26) State the Section of the MRTU and PULP Act 1971 under which
unfair labor practices are defined.
A. Section 26 to 29
A. Section 26 to 29
27) Which is the authority which exercises control over the
Investigation Officers under the MRTU and PULP Act 1971?
A. Industrial Court.
A. Industrial Court.
28) Which authority under the Industrial Disputes Act 1947 has
the power to try applications under Section 33 C (2)?
A. Labor Court.
A. Labor Court.
29) Define Lock Out under the Industrial Disputes Act 1947.
A. "Lock-out" means the temporary closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him
A. "Lock-out" means the temporary closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him
30) How an employer may alter service conditions of
workman which are connected/not connected with a pending dispute under the
Industrial Dispute Act.
A. If an employer wants to alter the service conditions of a workman during the pendency of any conciliation, arbitration or adjudication proceeding in respect of a dispute in which the workman concerned and if the subject matter of the alteration is connected with t the dispute, the employer must make an application to the authority before which proceeding is pending and obtain its previous written permission to do so. It in such a case the subject matter of the alteration is not connected with the dispute, the employer is free to effect the alteration without any permission.
A. If an employer wants to alter the service conditions of a workman during the pendency of any conciliation, arbitration or adjudication proceeding in respect of a dispute in which the workman concerned and if the subject matter of the alteration is connected with t the dispute, the employer must make an application to the authority before which proceeding is pending and obtain its previous written permission to do so. It in such a case the subject matter of the alteration is not connected with the dispute, the employer is free to effect the alteration without any permission.
