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Labour LAW 1 questions

Labour Laws (Karnataka State Law University)

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LABOUR LAW 1

UNIT 1

1. Explain the provisions relating to registration of trade unions.

2. Define “Trade Unions”. Examine the extent of immunities available to registered trade unions
from civil and criminal liabilities.
3. Collective bargaining (sn)
4. Cancellation of registration of trade union (sn)
5. Discuss the procedure for registration of a trade union. When can it be cancelled?
6. Problems of collective bargaining in India. (sn)
7. Elucidate the labour policy of india.
8. Explain unfair labour practices on the part of employers and trade unions.
9. General fund of Trade union (sn)
10. Explain factors which were responsible for departure from old theory of “master and
servant”
11. Provisions relating to recognition of trade unions.
12. Occupational disease (sn)
13. Outline the impact of industrial jurisprudence on labour welfare legislations.
14. Discuss briefly the impact of industrial revolution of india upon workmen.
15. Explain the term “workman” distinguish workman from independent contractor.
16. Trade unions enjoy immunity under civil and criminal law. Discuss.
17. Discuss the importance of industrial dispute legislation and a brief note on the history of
industrial dispute legislation in India.
18. Principles underlying labour legislations.

UNIT 2

1. Define industrial dispute. When does an individual dispute become an industrial dispute?
Explain. (Essential requisites of industrial dispute)
2. “the questions as to whether the industry is carried on by or under the authority of central
govt is essentially a question depending on circumstances of each case.” Justify.
3. Role of arbitration in resolving industrial disputes.
4. Explain the provisions relating to award under industrial dispute act.
5. Discuss definition of the word “Industry” with the help of decided cases
6. Award and settlement (sn)
7. Discuss the mechanism provided under the Industrial Disputes Act, 1947 for adjudication and
settlement of disputes.
8. “Industry is an organised or occupied activity carried on with the co-operation of the
employer and employee to meet its object”. Justify with the aid of BWSSB v. A. Rajappa case.
9. Principles of labour legislation (sn)
10. Define industry. Whether hospital is an industry?
11. Is university an industry? (sn)
12. Explain the provisions relating to recovery of money due from employer under industrial
dispute act.
13. Explain the term “industry” under industrial dispute act.

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14. Appropriate government (sn)

15. Workman (sn)
16. Explain the provisions relating to reference of an industrial dispute.
17. Discuss briefly the authorities set up for the investigation and settlement of industrial
dispute.
18. Explain the definition of “appropriate government” under the ID Act with reference to
decided cases.
19. Describe how labour court, industrial tribunal and national tribunal adjudicate the industrial
dispute referred by Govt.
20. Provisions relating to voluntary arbitration under ID Act.
21. Define lockout. Explain circumstances when its legal and when illegal.

UNIT 3

1. Define “strike” and “lockout”. Distinguish between them. When do they become illegal?
2. Closure (sn)
3. Strike (sn)
4. Retrenchment (sn)
5. What is retrenchment? Discuss the provisions as to retrenchment. (when valid? What are its
effects?)
6. Lay-off (sn)
7. Explain the provisions relating to regulations of strikes under Industrial Dispute Act with the
help of decided cases.
8. Define layoff. When shall a lay off be treated as valid? What are its effects? (provisions
relating to layoffs.)
9. Critically evaluate the legal control on unfair labour practice. (this sem?)
10. State the objectives of industrial employment (standing orders) act 1946. Explain the
provisions of modification of standing orders.
11. Write a note on industrial employment (standing orders) act 1946 (sn)
12. Discuss the procedure to be followed by the employer to make any changes in the conditions
of service of workman under Sec 9A of ID Act, 1947.
13. “Conditions of service,etc. should not be changed by the employer during pendency of
proceeding before the authorities of industrial dispute act.” explain the extent of this
provision.
14. Closure (sn)
15. Termination of workman by employer for any reason whatsoever amounts to retrenchment.
Explain with the help of decided cases.
16. Define strikes. What are the provisions relating to prohibition of strike.
17. Explain the provisions relating to closure of an undertaking under IDAct.
18. Explain the procedure for layoff and retrenchment. State the provisions regarding
compensation in case of lay off and retrenchment.

UNIT 4

1. Discuss the liability of employee to pay compensation under workmen compensation act.
2. What are the different kinds of benefits available under Employees State Insurance Act?

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3. Write an explanatory note on “Medical Benefit Council” under ESI Act.

4. Explain the powers and procedure (and functions) of the Commissioners under employees’
compensation Act.
5. Explain the conditions for availing benefits under the ESI Act.
6. Explain the constitution, powers and procedure of ESI Court.
7. Procedure relating to workmen compensation claims./ procedure for realisation of
compensation under workmen’s compensation act.
8. Mention the various purposes on which ESI funds may be spent.
9. Discuss the provisions relating to contributions under ESI Act
10. Authorities under ESI Act.
11. Procedure for employees’ insurance claims under ESI Act.
12. What is personal injury? When is the employer not liable to pay compensation for personal
injuries by accident under workmen’s compensation act? discuss.
13. “accident arising out of employment is deemed to have occurred in the course of
employment” discuss with reference to decided case laws.
14. Write a note on partial disablement and total disablement.

UNIT 5

1. Discuss the provisions relating to welfare measures under the factories act, 1948.
2. What are the deductions which may be made to wages under the Payment Of Wages Act,
1936.
3. What are the provisions relating to “health” under the factories act?
4. Define Wages. Explain provisions relating to fixation and payment of wages.
5. Discuss the provisions of factories act regarding working hours and annual leave with wages.
6. Explain the objectives of payment of wages act and what are the permissible deductions.
7. Explain the various provisions relating to “safety and welfare” under the factories act.
8. Canteens and crèches under factories act (sn)
9. Discuss the provisions relating to employment of young persons under the factories act.
10. Factory (sn)
11. Explain the appointment, powers and procedure of authorities (inspectors) under payment
of wages act

PRACTICAL QUESTIONS

1. A boy was employed by the factory as a tea boy and it was part of his duty to take tea from
the shop which was situated outside the factory gate to various persons working in the
factory. One day, after serving tea to workers, he passed through a violent mob of factory
workers who were leaving the factory. This mob attacked the police and the police has to fire
at the mob in self-defence. Unfortunately the boy was severely wounded by the bullet and
died on the following day in the hospital. Now the mother of the boy claims compensation.
Decide by giving reason.
2. 37 women are employed at Seema Industries near Narasapura. Since only 4 women were
having children below the age of 6 years, the manager of the industry refused to provide
crèches for the children. Is the refusal correct? Quote the relevant provision.

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3. The workers of a registered trade union declared an illegal strike. Due to the illegal strike, the
employer sustained loss. Employer filed a suit against the trade union for recovery of
compensation. Will he succeed? Decide.
4. Suman, a worker in Ramu industries in Bangalore is laid off by his employer. The employer
provided an alternative employment in another establishment belonging to ramu industries
owner situated in Hubli. But Suman refuses to accept alternative employment and wants to
claim layoff compensation. Will he succeed?
5. The registrar of trade union withdraws a certificate on the ground that it was obtained by
fraud. The trade union challenged the order of the registrar. Advice.
6. A is employed as a driver in KSRTC. While driving he met with an accident and he lost his
vision of the left eye. Is he entitled to claim compensation? Decide with reason.
7. The Bombay Municipal Corporation carried on a public utility service in Greater Bombay and
for this purpose employed certain drivers to drive the buses. The transport service was
managed by the electricity supply and transport company. One of the drivers, on 20 th July
2005 finished his work for the day at about 7:45 pm at jogeshwari bus depot. In order to
reach his residence at Santa Cruz he boarded another bus which collided with a stationary
lorry parked at an awkward angle on the road near Erla bridge, Andheri. Consequently he
was thrown on the road and injured. He was sent to the hospital for treatment but
unfortunately expired on 26th July 2005. The compensation was claimed by his widowed wife
pleading that the accident has arisen out of and in the course of employment. Decide.
8. Ramu, a workman while performing the duty of the employer died due to an accident. It was
proved that at the time of accident, Ramu was under the influence of intoxication. Whether
the employer is liable to pay compensation?
9. In view of disputes relating to wage revision between employer and employees, the
employer and workmen decided to refer the matter to arbitration. The arbitration process
concluded and it submitted its report to the appropriate government. The appropriate govt
published the award on 15th Jan 2018. On 26th Jan, the employees in view of not being
satisfied by the award, decided to go on strike. Is it valid? Give reasons
10. Devayya, a worker was working in Ramdev industries. On 14 th sept 2009, in view of some
quarrel with Vishnu, a fellow workman, Devayya was pushed off the stairs and got seriously
injured. Discuss the rights of Devayya to compensation under employees’ compensation act.
11. The employer in view of pressure of work decided to call a certain Sunday as working day.
The workmen agreed to work. Instead of declaring any other day as compensatory holiday,
decided to pay extra wages for the Sunday worked. Decide its validity.
12. In an industry, there was continuous unrest, leading to strikes and lockouts. The employer
closed down the industry. Does this amount to closure? Give reasons.
13. Rama industries managed by 2 partners namely Nambi and Govind, got dissolved. The
industrial unit was taken by Nalini industries with different partners. Nalini industries
contended that they are not bound by the certified standing orders agreed by the said 2
partners of rama industries. Is this contention of Nalini industries correct? Decide.
14. A chartered accountant firm employs 70. The employees raise a dispute demanding bonus.
The appropriate govt makes a reference to an industrial tribunal. The employer submits that
the reference is improper since he is not running an industry. Decide.

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15. Employer refuses to give benefit of certified standing orders to X on the ground that X was
appointed after the certification of standing orders. Workman challenges the decision.
Advice.
16. Employees of Raj Bhavan apply for registration of Trade union. Registrar of trade union
refuses to register. Decide.
17. A was employed for 15 days as a sweeper in a factory. One day, when he was on duty , he got
injured by a moving machine. In a claim for compensation by A, employer defends that A was
not a workman. Decide.
18. The workmen in concert absent themselves out of sympathy to some cause wholly unrelated
to their employment or even in regard to the conditions of employment of other workers in
service under other management. In these circumstances, the management initiates
disciplinary action against the workmen for their absence on the ground of breach of
conditions of service. Workmen argue that they have a right to go on strike. Deicde giving
reasons.
19. A is employed as a security inspector at the gate of the factory premises. Is he a workman?
Give reasons.
20. An employer dismissed the service of a workman for misconduct. Dismissed workman raised
a dispute under ID Act. whether the dispute raise by workman is an industrial dispute?
Discuss.
21. Municipality appointed A as a workman to repair clocks of the municipality, while repairing
the clock, A died due to lightning shock. Whether the municipality is liable to pay
compensation.
22. A was employed as a mason in a company and drawing wages of Rs. 2500 per month. His
duties involves supervisory work of about 100 workmen. He also used to decide who should
do overtime work. Is A a workman? Decide giving reasons.
23. Staying away from work under common understanding as a protest to the introduction of a
new system for marking attendance of the workmen. Does this amount to strike? Give
reasons.
24. On account of strike by some workmen in one part of the establishment, the management
refused to give work to workmen in another part of the establishment. The workmen want
to claim lay-off compensation. Decide giving reasons whether they are entitled for
compensation.
25. A a workman residing in a hut provided by the employer. The hut caught fire on a night but
the workman sustained injuries consequent upon which his earning capacity was reduced.
Can he claim compensation from the employer? Give reasons.
26. A bomb was placed in the premises of a workshop by some strangers. It exploded and
injured a workman. Is the employer liable to pay compensation? Decide.
27. A person employed as a carpenter in a soap manufacturing factory for preparing boxes in
which soap are packed and sent for sale. Is he a worker under factories act?
28. Chintamani industries, a woman run organisation employing only women workers. It allots to
some women workers night shift between 6 pm to 2 am. Is it justifiable? Decide.
29. Ajay, an employee in Jaideep Industries died a fatal accident in a factory. The employer paid
the widow Rs 1 lakh directly. Is it a valid payment?
30. Anand a driver with Rajasthan Road Transport corporation was terminated on account of his
eyesight problem. He claimed compensation. Is he entitled to it?

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31. Majority of workmen applied for leave. Employer rejected the leave and treated absence of
workmen as illegal strike. Decide.
32. Akshata and co is a public utility service industry where a strike has commenced during the
pendency of a conciliation proceedings and the workmen plead that the strike was provoked
by employer. Decide.
33. A trade union member who was poor but very popular and who has not contributed to
political fund requests the help of general fund for his election. The trade union refuses to
help from general fund for his election. Decide.
34. A person employed to clean machinery in a factory. Is he a worker? Decide with reasons.
35. The workman died due to natural lightning while working at the site. Is the employer liable
to pay compensation? Decide giving reasons.
36. Injury sustained by workman in the factory while taking his mid-day meal during the internal
period. Is it an injury connected with employment? Give reasons.
37. The services of a workman is terminated dye to loss of confidence by employer. Does it
amount to retrenchment? Decide giving reasons.
38. The workers of a company wanted to celebrate Ayudha Pooja one day before the festival.
They requested the company to declare a holiday on that day and they were ready to
compensate for the loss of work by working on another holiday. But the management
refused to declare holiday. Workers enbloc applied for casual leave. Does this amount to
strike? Give reasons.
39. Workers and management of Ravi enterprises could not arrive at a settlement regarding their
bonus issue for the year 2012-13. They prefer to go to labour court in order to solve their
difference of opinion. Are they justified in their dispute? Discuss.
40. Workmen immediately after reporting to duties, against the will of the employer leave the
place of employment to attend the funeral ceremony of a former employee. Employer treats
the act of the workmen as an illegal strike. Decide.
41. Membership of a registered trade union has been denied to workman A on the ground that
he did not contribute to the political fund of the trade union. A wants to challenge the
legality of the denial. Will he succeed?
42. An ex prisoner brought an action against prison authorities alleging that he had contracted
tuberculosis as a result of dust to which he was exposed while working in the prison. Will he
get compensation?

NOT SURE WHICH CHAPTER

1. Explain the theory of Notional Extension of Employer’s premises with the help of decided
cases.
2. Labour court (sn)
3. Recovery of money due from employers (Sn)
4. “all workmen are employees but all employees are not workmen” explain with the help of
decided cases.

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