30 i Rogister No, See] B.Com., B.L. (Hons.)/B.A., » BL, (Hons.) DEGREE (SEMESTER) EXAMINATIONs, NOVEMBER 2017, (or the candidates admitted from 2011 to 2014) H 1403 Fourth Year — Seventh Semester LABOUR LAW—1 Time : 2+ hours Maximum : 70 marks PART A— (2x 12= 94 marks) Answer TWO of the following in about 500 words each. 1. Define Trade Union and discuss the Powers and duties of Registrar under the Trade Unions Act, 1926. Examine the concept of industrial dispute under the Industrial Disputes Act 1947 with the help of decided case laws. Explain when an individual dispute is deemed to be an Industrial Dispute under the Act. 3. Discuss the obligations of an employer under the Payment of Wages Act, 1936. PART B— (2x 7= 14 marks) Answer TWO of the following in about 300 words each. 4 Examine the scope and extent of the power of making a reference of the dispute by the government under the Industrial Disputes Act, 1947, Explain the role of collective bargaining in establishing smooth industrial relations. Define lay-off and discuss the right of workmen laid off, for compensation under the Industrial Disputes Act, 1947. PART C — (6 x 4 = 20 marks) Write short notes on FIVE of the following : (@) Settlement ©) Statutory minimum wage © Wages under the Payment of ‘Wages Act poe (2.7.0)10 (@) Marginal productivity theory of wages {e) Dissolution of Trade Unions (Doctrine of Laissez-faire (g) Appropriate Government. PART D — (2x 6 = 12 marks) er TWO of the following by referring to the relevant provisions of law and decided cases. Give cogent reasons. 10 employees with 20 years of service were terminated first, whereas 12 employees of the same cadre having special qualification in computer operating with 4 years of service were retained in service. The aggrieved workmen challenged this on the ground that procedure adopted by the management in the process of retrenchment violated the principle of “First Come Last Go” - Decide. Tick-tock tea company was running into losses and was unable to pay minimum rate of wages to its workers. The workers demanded that © management must pay them the minimum rate of wages. The management challenges the constitutional validity of the Minimum Wages Act - Decide. Reva, an industrial concern submitted its draft standing orders for certification to the certifying officer. The standing orders relating to the retirement provided that the workmen shall retire from service on attaining the age of 55 years. After hearing, the certifying officer has certified the standing orders, Pursuant to this, the industrial concern gave notice to 50 of its workmen over the age of 55 years. The aggrieved workmen raised the industrial dispute and the matter was referred to the tnbunal ~ Decide. é H 1403Register No. [ I H570 (mma) B.A. B.L. (Hons.) DEGREE EXAMINATION, MAY 2010. Third Year — Fifth Semester LABOUR LAW — PAPER I Time : 2} hours Maximum : 70 marks PART A— (2 x 12 = 24 marks) Answer TWO of the following in about 500 words each. The concept of industrial Harmony in positive and comprehensive and it postulates the existence of understanding, cooperation and a sense of Partnership between the employers and employees — Discuss. “The Labour Courts and Industrial Tribunals are vested with wide Powers in granting relief in the cases of dismissal and: discharge of a workman” — Examine the above statement in the light of the Industrial Disputes Act 1947. Whether the members and office bearers of a Trade Union can stage demonstration outside the premises of an employer? What are the rights and restrictions available to then under the Trade Unions Act? PART B — (2 x 7 = 14 marks) Answer TWO of the following in about 300 words each. Does the Minimum Wages Act apply to the employees engaged through contractor, more particularly when the said Act does not apply to the employees employed directly by the principal employer? Whether a settlement made during tie conciliation Proceeding with a majority union will be binding up on the minority union? Give reasons. The Model standing orders under Industrial Employment (Standing | orders) Act have provided age of Super; uatioh, Whether such & provision be automatically applicable “to industrial 5 : ancther industri establishment having certified standing orders NK p>. (p.7.01 etaPART OC -(h 74 20 marks) 2% Weito abort nator on FIVE: of the following = (a) rat conte Laat go rule, aby TO, (eo) Minimum wage and Living waye, AD Unfair Labour Practices. to) Strike and Lock out, (Conciliation Officer, (gy) Arbitration, PART D — (2 x 6 = 12 marks) Answer TWO of tho following referring to the relevant provisions of law ' and docidod cases, Give cogent reasons. & Aworkman who was engaged on daily rated basis was terminated from service, Tho workors union demand the Government to refer the dispute for adjudication, But tho Govt. refuses the demand of the workers union sayings that tho workmans terminated was only a daily rated workman. Decide, 9 Tho dispute of a workman over wrongful termination was pending before the Labour Court. In the meantime the trade union which persuaded for sottlement had came to a settlement with the management without the knowledge of the individual workman. Can tho union scttle an individual dispute of a workman pending for adjudication without his knowledge or consent? 1. An industrial dispute arose between management and the union of the workman of a Rubber Estate. The union requested the govt. to refer the dispute for adjudication, But the govt. refused. After one year the govt. decided to refer the dispute for adjudication. Whether th: reference is alid 4570 &&aon ey Reginter No. | | 7 H 996 B.A., B.L, (Hons) DEGREE (SEMESTER) EXAMINATIONS, NOVEMBER 2015. (Wor the candidates admitted from 2011 to 2014) Fourth Year — Seventh Semester LABOUR LAW - I Time : 24 hours Maximum : 70 marks PART A — (2 x 12 = 24 marks) Answer TWO of the following in about 500 words each. 1, Examine the procedure for registration and dissolution on trade unions under the Trade Unions Act, 1926. 2. Discuss the Machineries constituted under the Industrial Disputes Act, 1947 for prevention and settlement of industrial disputes. 3. Enumerate the deductions which can be made from the wages payable to a worker under the Payment of Wages Act, 1936. PART B— (2x 7= 14 marks) ‘Answer TWO of the following in about 300 words cach. 4. Explain the role of collective bargaining in the settlement of indust disputes. 5. Explain the significance of recognition of trade unions. 6. Discuss the conditions and procedure for modification of standing orders under the Industrial Employment (Standing Orders) Aut, 1946PART C~ (5 <4 = 20 marks) 7. Write short notes on FIVE of the following : (a) General fund (bo) Unfair labour practices (©) Public utility services (a) Retrenchment (e) Marginal productivity theory of wages (f) Statutory minimum wage | (g) Protected workmen. PART D — (2 x 6 = 12 marks) Answer TWO of the following by referring to the relevant provisions of law and decided cases. Give cogent reasons. 8. The registration of a trade union was cancelled for contravention of the Provisions of Section 28 of the Trade Unions Act by failing to send annual returns. Later on, the Registrar of Trade Unions withdrew the | cancellation of registration on the ground that returns have been submitted subsequently. Can the Registrar withdraw the cancellation order? f 9. Ram and Rahim established a legal consultancy firm. They employed 3 law graduates, 2 clerks and 3 typists to assist the firm. After 3 years. the services of one of the clerks was terminated without assigning any reason. He claimed retrenchment compensation under the Industrial Disputes Act, 1947. Will he succeed? %, a worker, in an Industry, while working on a machine accidentally drops a valuable testing appliance, which is broken. The employer deducts the value of the appliance from the 2 ‘ deduction pameuie m the wages of the worker. Is the 1996 Bemn eae | Register No. Eee] fata ; i HEDAICD | 488 et pA, BLL. (Hons.) DEGREE EXAMINATION, MAY 2008, Third Year — Fifth Semester LABOUR LAW — Paper I 24 hours tne Maximum : 70 marks PART A — (2 x 12 = 24 marks) Answer TWO of the following in about 500 words each. 1, Critically evaluate the definition of ‘Industry’ under the Industrial Disputes Act 1947 and the judicial interpretations with suitable examples, 1 Examine how the payment of wages Act 1936 affords Protection to the sckers in the matter of payment of wages. 5 Braluate the extent of immunity enjoyed by the office bearers or weahers of registered trade union in the matters of tartious civil and “autal liability under the Trade Union Act, 1926. PART B — (2 x 7 = 14 marks) Answer TWO of the following in about 300 words each. 4 ri va Main the concept of “Fair Wage”. What are the factors that are to be “into account in the det : termination of a fair wage? ae : “Olan the provisions for the recognition of trade unions. 4 D, “ine Retrechment, What are the conditions precedent to retrechment? ly PART €~(5 x 4 = 20 marks) Wh ‘ “short notes on FIVE of the following : i, COutof Inquiry, ‘ Closure of Industry, ‘ay line Wage, “tification of Standing Orders. im" ‘Uudicial revie w of order of reference. INS OF 0 ; ttlement, “OWS pow ee er to modify the award,———E—E——————aessssshesfsesf PART D — (2x 6 = 12 marks) f the following referring to the relevant, Provigi Answer TWO 0 and decided cases, Give cogent rensong, ® flaw propri overnment refused to refer an industria) «: Soe ar cocnd ofa ttle fai and the trade union of) Sa ; Subsequently the Government referred the dispute to the labour Out adjudication on representation by the trade union, The management obj the reference on the ground that the Government violated the Principle natural justice. Decide. 9. “Meena was employed as a receptionist in Sri Ram International Hotel Ltd. for two years. The management of the Hotel terminated her ‘services on the ground that she violated the standing order by unauthorisedly ‘absenting from duty for more than 30 days. Meena claimed retrenchment | compensation. Decide. 20. Nine workers working in a textile mill decide to form a trade union aad signed the memorandum of association and presented the application for pettration to the Registrar of Trade Unione, Due to dispute about the oi fearers, three of them withdrew from the union and infemed the Registrar Put before the recsipt of the information from these workers, the Regist has put his seal and dispatched the information regarding the registration the meanwhile, four more workers sent the intimation to the Regist | rake, tteit support to the formation of the wens Tk workers wie withdrew from the union challenged the validity of the registration, Decide., 38 Register: [TT TT I HCD | 1 150 B.A, B.L- (Hons.) DEGREE EXAMINATION, DECEMBER 2005. Third Year — Fifth Semester LABOUR LAW — Paper I Time : 24 hours Maximum : 70 marks PART A — (2 x 12 = 24 marks) Answer TWO of the following in about 500 words each. 1. “International Labour Organisation has been attempting to promote world-wide respect for the freedom and dignity of the working men and to create the conditions in which that freedom and dignity can be more fully and effectively enjoyed.” Discuss. thods of settlement of Industrial 2, Critically analyse the various met disputes available under the Industrial Disputes Act and choose the best method to suit Indian condition. Assign reasons. 3, The intention of the legislature to include Sec 2A would be to give'relief to the terminated workmen and not bothered about the relationship between. the employers and the whole body of employees. Discuss. PART B— (2 7 = 14 marks) ‘Answer TWO of the following in about 300 words each. a Registered trade union is not 4. “The criteria to be adopted to recognise conclusive so long as no law is available.” Narrate this with the help of decided cases. se 5. Narrate the factors to be considered for. payment of Feir Wage? How it differ from Need based minimum wage? _ & How and what extent the Payment of Wages Act 1936 protect the rights ofIndian Labour? PART C — (6 x 4= 20 marks) 1. Write short notes on FIVE of the following : (a) Political ~ Fund. (>) Court of Inquiry. (© Period of operation of Settlement and Awards, ‘iBi W@W) Conditional precertonts for rotrenchinent. @) Authorised Deduetians (f) National Minium Ware. (y) Jurisdietion of Labour Court. PARTD — @ x Ge 18 marks) Anawor TWO of tho following yoforring to the relevant provisions of law a: doeidod eages. Givo cogent reasons. 3, A Publie Servico Gammission of a Stato has installed a in ite main offieo, As a result of this it has taken a policy decis; tho elerieal staff to 50 poreont, Commission sent notices to the st terminated from sorvieo, Tho ‘staffs challenged this decision before the on tho ground that it will amount to retrenchment, Decide. 9. An apartmont owners: Housing Maintenance sadiety whose work is to maintain apartmonts and providing facilities to the ov flats by engaging lot of workmen through out that region. A worke: ‘as a domestic sorvant who moots out the personal services of the flats ) who was in sorvico for a long time was terminated from service by thi Ho claims that ho is a workman ~ Decide. f 10, Tho workors of Salini Chemicals, Mumbai after placing some went on a lightening striko. The Management declared the shrike as ‘and dismissed 5 workers. Against this, tho workers resorted a stay-i in front of tho office of the manager by which he along with other: obstructed from discharging their duties. The management files 2p beforo the police and the police filed FIR and arrested 55 work The managoment files a civil suit for claiming compens>t Rs, 15 lakhs from the Union. The workers totally object the civil and cases on tio ground that it has got immunities under law — Decide. ryRegister No: H 150 HCD B.A., B.L. (Hons.) DEGREE EXAMINATION, DECEMBER 2005. Third Year — Fifth Semester LABOUR LAW — Paper I Time : 2} hours Maximum : 70 marks PART A — (2 x 12 = 24 marks) Answer TWO of the following in about 500 words each. 1, “International Labour Organisation has been attempting to promote world-wide respect for the freedom and dignity of the working men and to create the conditions in which that freedom and dignity can be more fully and effectively enjoyed.” Discuss. 2. Critically analyse the various methods of settlement of Industrial disputes available under the Industrial Disputes Act and choose the best \i method to suit Indian condition. Assign reasons. 3, The intention of the legislature to include Sec 2A would be to give relief to the terminated workmen and not bothered about the relationship between the employers and the whole body of employees. Discuss. PART B— (2x 7 = 14 marks) Answer TWO of the following in about 300 words each. 4. “The criteria to be adopted to recognise a Registered trade union is not conclusive so long as no law is available.” Narrate this with the help of decided cases. 5. Narrate the factors to be considered for payment of Fair Wage? How it differ from Need based minimum wage? 6. How and what extent the Payment of Wages Act 1936 protect the rights | of Indian Labour? PART C — (5 x 4 = 20 marks) : 7. Write short notes on FIVE of the following : (a) Political - Fund. () Court of Inquiry. (©) Period of operation of Settlement and Awards. [p.-7.01Crnditional precedents for retrenchment. Authorised Deductions. National Minimum Wage. Jeriadirtion of Labour Court. PART D — (2 x 6 = 12 marks) wo @ Answer TWO of the following referring to the relevant provisions of law ang decided cases. Give cogent reasons. a Pcblic Service Commission of a State has installed a super compute ccain ore. As a result of this it has taken a policy decision to reduce siaff to BO percent. Commission sent notices to the stafls ani cercinsted from service. The stafis challenged this decision before the cout => the ground that it will amount to retrenchment. Decide. 2. An gpartment owners Housing Maintenance society whose primay “ack is ip meintain apartments and providing facilities to the owner of the eas by engaging lot of workmen through out that region. A worker appointed ns 2 dnmestic servant who meets out the personal services of the flats owners swho-was in servire for a long time was terminated from service by the society. ‘He cieims thet he is a workman — Decide. <2. The workers cf Salini Chemicals, Mumbai after placing some demand: “act on a Eghtening stzike. The Management declared the shrike as illege! end Zigcissed 5 workers. Against this, the workers resorted a stay-in, strike 5 Sac ofthe office of the manager by which he along with other staffs wert “hsirarted from discharging their duties. The management files a petitio Defre the police and the police filed FIR and arrested 35 workers “he menegament Hes a civil suit for claiming compensation / Zz 15 1e%hs from the Union. The workers totally object the civil and crimins! zases mn the ground that it has got immunities under law — Decide.pan _ Register no. yw 9 B-A.B.L. (HONS.) DEGREE (SEMESTER) EXAMINATION, MAY 2011. REPEAT EXAMINATION Fifth Semester - Third Year LABOUR LAW - I (For candidates belonging to 2005, 2006, 2007 and 2008 batches) Time: 2 % hours Maximum: 70 marks PART A - (2 x 12 = 24 marks) Answer TWO of the following in about 500 words each 1. Critically analyse the concept of industry under the Industrial Disputes Act, 1947 with the help of decided case laws. 2. Explain the procedure for registration of trade unions under the Trade Unions Act, 1926 and bring out the circumstances in which registration of a registered trade union may be withdrawn or cancelled. ( 3. Explain the conditions and procedure for modification of standing orders under the Industrial Employment (Standing Orders) Act, 1946, So PART B - (2 x 7 = 14 marks) Answer TWO of the following in about 300 words each 4. Examine the Authorities under the Payment of Wages Act, 1936. 5. Examine the procedure for fixing or revising minimum wages under the Minimum Wages Act, 1948, 6. Define strike under the Industrial Disputes Act, 1947 and discuss the general prohibition of strikes. PART C.- (5 x 4 = 20 marks) 7. Write short notes on FIVE of the following. (a) Conciliation officer ™~ (b) Need based minimum wage } (¢) Inspectors under the Payment of Wages ine j — (d) L.L.o: or] (©) Powers ¢ ing Officer ( (P.7.0.)(0 Industrial ‘Tribunal {e) Theory of Marginal productivity PART D - (2% 6° 12 marks) Answer TWO of the following by referring to relevant provisions of law ‘and decided cases. Give cogent reasons. s 8. Three employees were appointed for a period of three months or till the regularly selected candidates assume office. The services of the: employees were terminated after the expiry of a period of three { months. The workmen claimed retrenchment compensation. But the employer argues that they are not entitled. Decide. 9. A mill was closed for four days consequent to the alleged assault of officers by some workmen. The workmen claimed wages for those days. The employer refuses to pay the wages. The workmen challenye the refusal. Decide. 10. Two rival groups of a registered trade union of a company sent two different panels of office-bearers each claiming its executive to be validly elected one. The Registrar accepted one set of office-beare which was recognised by the general manager of the company. ‘The ot group aggrieved by the decision of the Registrar, move the High Court seeking to quash the order of the Registrar. Decide. a g nh nadetneeinieeaieeRegister no. [ - S- (HONS.) DEGREE (SEMESTER) EXAMINATIONS, NOVEMBER 2011, 8 and 2009) BA. BL (For candidates admitted during 2005, 2006, 2007, 200! Third year — Fifth semester LABOUR LAW -I Maximum : 70 marks PART A - (2 x 12 = 24 marks) Answer TWO of the following in about 500 words each. 1, Examine the various authorities constituted for investigation and settlement of industrial disputes under the Industrial Disputes Act, 1947. time : 2 % hours 2, Define trade union under the Trade Unions Act, 1926 and examine the liabilities of a registered trade union. 3, Examine the matters to be provided in standing orders under the Industrial Employment (Standing Orders) Act, 1946 and explain the duties of the { certifying officer in certifying standing orders. PART B - (2 x 7 = 14 marks) Answer TWO of the following in about 300 words each 4, Explain the different kinds of deductions permitted under the Payment of Wages Act, 1936. “Ss 5. Examine the authorities under tite Minimum Wages Act, 1948, 8. Define retrenchment under the Industrial Dis] i putes Act, 1947 and the conditions for valid retrenchment. ‘ ieee : PART C - (5 x 4 = 20 marks) + Write short notes on FIVE of the following: a. ILO ». Industrial dispute ©. Collective bargaining 4. Fair wage ‘ (P.T.0.)€. Dissolution of registered trade union f. Protected workman g. Cost of living index number PART D-(2x6=12 marks) Answer TWO of the following by referring to relevant provisions of law and decided cases. Give cogent reasons. 8. The services of workmen were terminated due to the closure of a factory after crushing season in sugar factory was over. The workmen of the factory claimed retrenchment compensation. But the employer refuses their claim on the ground that the termination of services do not amount to retrenchment. Decide. 9. A mill workers union amended its rules to provide for making the president of the Union an election authority, empowering him to nominate alll office bearers of the trade union and denying authority to the general body to remove the president from office before the expiry of the term for which he is elected. These amendments are approved and registered by the registrar. Some of the members of the union file a writ petition challenging the validity of the approved amendments - Decide. 10. An employer enters into an agreement with his employees wherein it is agreed that the employees relinquish their Tight to claim minimum wages, Decide the validity of the agreement.Register no. w ae ~ [iaprmnm rane} B.A. B.L (HONS.) DEGREE (SEMESTER) EXAMINATIONS, MAY 2012. (For candidates admitted during 2005, 2006, 2007, 2008 and 200%) Third year ~ Fifth semester LABOUR LAW - I Time: 2 % hours Maximum: 70 marks PART A - (2 x 12 = 24 marks) Answer TWO of the following in about 500 words each. . Define closure under the Industrial Disputes Act and bring out the procedure to be adopted for closing an industrial undertaking permanently. v . Examine the rights and liabilities of registered trade union. o . Discuss the procedure for deciding the claims arising out of payment of less than minimum rates of wages fixed under the Minimum Wages Act. PART B - (2 x 7 = 14 marks) Answer TWO of the following in about 300 words each Ne s . Define Industry under the Industrial Disputes Act with the help of decided case laws. ” Explain the procedure for submission and certification of Standing orders under the Industrial Employment (Standing orders) Act. 6. Examine the salient features of the Payment of Wages Act. PART C - (5 x 4 = 20 marks) Write short notes on FIVE of the following: ~ a. Effects of an illegal strike b. General fund ©. Unfair labour practice 4. Lay-off . Amalgamation of registered trade unions te > Inspectors under the Payment of Wages Act &. Living wage P.T.0)PART D - (2 x 6 = 12 marks) Answer TWO of the following by referring to relevant provisions of law and * decided cases. Give cogent reasons. A group of workmen in a rubber factory after giving 14 days notice went on strike for 6 days due to dispute between rival trade unions. The management declared it as unjustifiable strike and dismissed all of them, ) The dismissed workmen challenge the dismissal ~ Decide. 2 9. A group of employees working in the collectorate as well as in the District Courts formed an association. They applied to the Registrar for registration. But the Registrar rejected the application. The employees challenge the rejection of their application. Will they succeed? 10. A tea factory laid off employees working as clerks in the technical section. They were given alternative jobs as coolies. Since there was refusal on the part of the workmen to accept alternative jobs they claimed lay off compensation. The employer refused to pay the lay-off compensation - ecide. ah neG Register no, | | HMD/HHD B.L. (HONS.) DEGREE (SEMESTER) EXAMINATION, MAY 2011. Third Year - Fifth Semester (For candidates belonging to 2005 to 2008 batches) LABOUR LAW -I Time: 2 % hours Maximum: 70 marks PART A - (2 x 12 = 24 marks) Answer TWO of the following in about 500 words each 1. Explain the nature and scope of the power of the Government in the matter of deciding whether or not to make a reference of dispute to a labour court. 2, Critically examine the necessity, scope and legal nature of standing orders. 3. State the important I.L.O. conventions on wages and examine how far these conventions have been adopted by India in various labour legislations. PART B - (2x7 = 14 marks) Answer TWO of the following in about 300 words each 4. “Laws relating to wages protect the workers from exploitation in every aspect”- Discuss. 5. Compare and contrast collective bargaining and compulsory adjudication as a means of achieving industrial peace. 6. Examine the provisions relating to regulation of strikes and lock-ours under the Industrial Disputes Act, 1947. PART C - (5 x 4 = 20 marks} 7. Write short notes on FIVE of the following. a) Grievance Settlement Authority ») Unfair labour practice ©) Individual dispute (P.7.0.)4) Retrenchment compensation e) Trade union immunities §) Appropriate Government 8) Publication of award PART D - (2 x 6 = 12 marks) a Answer TWO of the following by referring to relevant provisions of law and decided cases. Give cogent reasons. 8. Ram and five other workmen were employed in an agricultural farm belonging to Ravana for deepening a well situated in the farm. For exploding the rock inside the well, they used dynamite and while doing this there was a sudden explosion and, Ram and other workmen sustained serious injuries. The claim for compensation by the injured workmen was rejected by Ravana on the ground that the employment was not in an industry. Decide. 9. The management of M/s ABC Ltd. dismissed a few employees for their Participation in an illegal strike. The employees claimed retrenchment compensation from the management. Decide. 10. The appropriate Government referred an industrial dispute existed between an indivi vidual workman and the management as the dispute was espoused by a group of workmen in the industry, Durin, the pendency of the proceeding before the industrial tribunal, ee Srorcned withdrew their Support to the cause of the individual workman. The management contended that the industrial tribunal has no jurisdiction to decide the matter as there did not exist any industrial dispute. Decide.