LL.B.
IV Semester Examination June, 2021
Subject: Labour Law
Paper Code: LB-403
Time: 3 Hours Maximum Marks: 100
Instructions:
All questions carry equal marks (25 marks)
This question paper contains total 6 questions
Attempt any 4 questions out of 6 questions
Answers may be written either in English or in Hindi but the same medium should be
used throughout the paper
1. A Private Hospital “HOPE” was converted to Covid Only Facility Hospital by the
Government in April 2021 and the rates for Covid related tests and treatment were
fixed according to CGHS rates. The services of two nurses, Mary and Martha, were
terminated before the conclusion of their contract. The nurses raised a dispute which
was refuted by the employer on grounds that the hospital is not giving any ‘material’
service so it is not an industry under section 2 (j) Industrial Disputes Act, 1947.
Further the employer argued that as the government had fixed the rates it was no
longer working for profit, and that the nurses were working on contractual basis only.
Examine and decide the position of Hospitals as Industry in light of the decision in
Bangalore Water Supply and Sewerage Board v. A Rajappa AIR 1978 SC 548.
2. ‘X’ was appointed as Assistant Medical Officer in Iceland Tea Estate. His terms of
employment plainly stated that his appointment was subject to a clear medical report
and a period of probation of six (06) months, and his permanent appointment was to
be considered during that period. Found involved in some misdemeanours, ‘X’ was
removed from work without due notice of fourteen (14) days as mentioned in his
contract. Clueless as to what to do next, he approached the Union of tea garden
workmen and sought their help. The Union raised an industrial dispute and demanded
his reinstatement. The Employer objected that the Union cannot ‘espouse’ the cause
of the Medical Officer. The Union argued that an industrial dispute can be raised for
‘any person’ under section 2 (k), Industrial Disputes Act, 1947.
Discuss the maintainability of the above dispute and validity of the contentions raised
by the parties to the dispute under the Industrial Disputes Act, 1947. What recourse is
available, if any, to the Assistant Medical Officer under this Act.
3. With the object of securing better service conditions through collective bargaining,
members of the teaching staff of Government Law College of State ‘Luxe’ form
themselves into an association called ‘Government Law College Teachers’
Association’, GLTA. On application for registration under the Trade Unions Act,
1926, the Registrar refuses registration to GLTA on the ground that teachers are not
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workmen and that a law college of the State Government is not an industry under the
Trade Unions Act, 1926.
The GLTA wants to file an appeal against the order of the Registrar. Advise GLTA in
light of the legal provisions and the judicial decisions on the correctness of the order
of the Registrar. Can the GLTA call on its members to proceed on ‘Strike’ as an
unregistered Trade Union?
4. Ms. Gomthi completed her Masters in Engineering in 2015. However, she joined a
private enterprise as District Sales Engineering Executive in the Sales Department.
Her technical knowledge was required for her work. For past two years, the company
has not paid her any increment as promised despite her several applications.
Can Ms. Gomthi be considered as a ‘workman’ and raise an industrial dispute under
the Industrial Disputes Act, 1947? Decide with the help of case law.
5. The right to strike or the right to declare a lock out may be controlled or restricted by
appropriate industrial legislation, and the validity of such legislation would have to be
tested not with reference to criteria laid down in Clause (4) of Article 19 of the
Constitution of India but by totally different considerations. (All India Bank
Employees Association v. National Industrial Tribunal AIR 1962 SC 171).
Subsequently it was held that (i) There is no fundamental right to go on strike; (ii)
There is no legal or statutory right to go on strike; and (iii) There is no moral or
equitable justification to go on strike. (T.K. Rangarajan v. Government of Tamil Nadu
2003 (6) SCALE 84) However Strike remains a powerful instrument in the hands of
the employees and facilitates the right to undertake collective bargaining for wages,
conditions of service and the like.
What are the provisions under the Industrial Disputes Act, 1947 that regulate/restrict
the right to strike? Give your own critical view of the state of law and judicial
precedents as they stand today.
6. Every kind of termination of services cannot be considered to be retrenchment under
the Industrial Disputes Act, 1947. Nevertheless, ‘termination for any reasons
whatsoever’ are the key words in 2 (oo) of the Act. Analyse this view and decide the
validity of the following action of the employer:
‘X’ was a regularised driver in a company of 50 employed people and had been
working for over two years. In March 2020, a nation-wide lockdown was declared
due to COVID-19 pandemic and the employer terminated his services along with 10
others stating that due to reduced production, the services of ‘X’ were surplus. No
compensation was paid to him. Examine the validity of the termination of ‘X’. What
would be your answer if the termination order was passed after holding a disciplinary
enquiry for misconduct?
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