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LLB Labour Law Exam Guide

This document contains an exam for a Labour Law course, including: [1] The exam is for the 7th semester LLB degree in November-December 2018. It has two parts: Part A contains short answer questions and Part B contains longer answer questions organized in 4 units. [2] Part A asks students to write short notes on collective bargaining, dissolution of trade unions, conditions for certifying standing orders, court of inquiry, and gherao. [3] Part B asks students to choose one question per unit. The units cover factors converting a dispute to a trade dispute, civil and criminal immunities of registered trade unions, the role and features of the Industrial Employment Act, whether

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0% found this document useful (0 votes)
128 views10 pages

LLB Labour Law Exam Guide

This document contains an exam for a Labour Law course, including: [1] The exam is for the 7th semester LLB degree in November-December 2018. It has two parts: Part A contains short answer questions and Part B contains longer answer questions organized in 4 units. [2] Part A asks students to write short notes on collective bargaining, dissolution of trade unions, conditions for certifying standing orders, court of inquiry, and gherao. [3] Part B asks students to choose one question per unit. The units cover factors converting a dispute to a trade dispute, civil and criminal immunities of registered trade unions, the role and features of the Industrial Employment Act, whether

Uploaded by

Manav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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END TERM EXAMINATION

SEVENTH SEMESTER [LLB] NovEMBER-DECEMBER-2018


Paper Code: LLB.401 Subject: Labour LawI
Time: 3 Hours Maximum Marks :75
o e Attempt all questions from Part A. A Select one questlon from eac
unit of Part B.

PART-A
Q1 Write short notes (5x5-25)
on the following:
(a) Collective bargainn
(b) Dissolution of Trade Union
(c) Conditions for certification of standing orders.
(d) Court of inquiry.
(e) Gherao.
PART-B
UNIT-I

Q2 Elaborate on the factors which convert a dispute into a trade dispute as pertne
Trade Union Act, 1926, with the help of relevant case laws. (12.5)
OR
Q3 Discuss the civil ahd criminal immunities available to the registered trade union

under the Trade Union Act, 1926. (12.5)

UNIT-II

Elaborate on the rolc the need for the Industrial Employment (Standing Orders)
Q4 Act, 1946 in labour jurisprudence. Discuss the salient features of the Act. (12.5)
OR
Q5 Write short notes on following:-
(a) Appeal against certification. (4)
(b) Effect of certified standing orders. (4)
Modification of model standing orders. (4.5)
(c
UNIT-III

in
Q6 Decide whether a Non-Government Organisation (NGO) actively engaged
and recognised by the
eradicating child labour in Delhi NCR, getting funds
central Government is an "Industry" or not as per the Industrial Dispute Act,
1947. Support answer with the help of case laws. (12.5)
OR
Elaborate the role of appropriate authority under the Industrial Dispute Act,
Q7 1947. What are various methods recognised by the appropriate authority to
diffuse tension or dispute in an industryP (12.5)

UNIT-IV
Differentiate the concept of 'strike' and lock out. Elaborate on the lega
Q8
conscquences of the above-mentioncd concept on employer and cmployees.e*
OR
Differentiate the concept of layofr and 'retrenchment'. Elaborate o ,
Q9 conditions and compensations in case of the above-mentioned concepts. *

************

P
ute oA
(Please write your Exam Roll Exam RolN
No.)
VIPS
END TERM EXAMINATION PS)
NovEMBER-DECEMBER 2017
9A.
SEVENTH SEMESTER [LLB] Subject: Labour au
Paper Code: LLB 401
Time: 3 Hours Macimum Marks :75
vote: Attempt any five questions including Q. No. 1 of Part A which is

COmpulsory. Select one question from each unit in Part B.


Part-A
(5x5-25)
Q Write short notes on the following:
a Define the concept Trade dispute.
Define the concept of Collective Bargaining
Labour court.
Differentiate between Court of inquiry and
d Differentiate between Gherao and Lock out.
e} What are Unfair labour practices?
Part-B

Unit-I
in India. Under what
Q2. Discuss the and concept of Trade union
history
welfare related activities. (12.5)
kind of legal protection they perform the

of trade union. What are


Elaborate on the procedure of the registration
9 3

union? (12.5)
the grounds of dissolution of trade

Unit-II
salient features of
the need of Standing orders. Discuss the
Elaborate o n (12.5)
the Industrial Employment (Standing
Orders) Act, 1946.
(12.5)
Q5. Write notes o n the following:
Condition of certification
a Appeal against certification
b and temporary application and Model
Procedure of modification
c standing orders.

Unit-III 1947.
Industrial Dispute Act,
the concept of Workman under
Q6. Discuss Workman under the Act? Support
teachers be treated as
Can University (12.5)
relevant c a s e laws.
a n s w e r with the
your

mechanism available under the


Industrial Dispute Act,
Discuss various (12.5)
Industrial dispute under the Act.
1947 to settle the

Unit-IV
strike
of strikes. Critically analyse the impact of
Discuss various types (12.5)
of the workmen.
9 8

on the employment

differentiate between concept of Retrenchment,


Layoff and
Discuss and
Q9. Closure of establishment.
What is the procedure for the application or
(12.5)
as per the Industrial Dispute Act?
above concepts

************
Exam Roll NO/.oseossousdy
Please wrlte your Exam Roll No.) VIPS
END TERM EXAMINATION
DECEMBER 2016
SEVENTH SEMESTER [LLB] Subfect: LabourBawi|
Paper Code: LLB-407 Maximum Marks: 75
Time: 3 Hours including Q no.1 of Part A which
ts
vote: Attempts any five questions
Select o n e questlon from each
untt of Part B.
compulsory.
PART-A

be spent? Can it be spent


the Trade Union Fund
can
Q1 (a) On what objects (5)
for political purpose? Employment
the duties of Certifying officer under Industrial
(b) What are
(5)
(Standing Orders) Act 1946? Industrial Disputes Act 1947 and
(cWho is a conciliation officer under (5)
what are his duties? become
does an individual dispute
(d) Define Industrial dispute. When 5)
are industrial dispute.
How the various courts, have
(e) Define the term, Retrenchmernt'. (5)
interpreted the term?

PART-B
UNIT-I

for registration of Trade


Q2 Define Trade Union. What is the procedure (12.5)
cancelled?
Union? Can the registration be

law, immunities of trade unions from civil and


Q3 Discuss referring to case
(12.5)
criminal liabilities.

UNIT-II

of standing orders. (12.5)


Q4 Discuss the procedure for certification
(12.5)
Write note on the following:-
Q5
Modiication of standing i d u s
(a
of subsistence allowançe
(b) Payment
UNIT-III

Government to refer industrial disputes. (12.5)


Q6 Explain the powers of

functions of Labour Court. (12.5)


Q7 Discuss the constitution, powers and

UNIT-TV

Q8 Define Strike. What conditions required to be fulfilled before resorting


are
to strike? Are the workmen entitled to wages for the period of striker
(12.5)

(12.5)
09 Define Lay off. What are the rights of a laid off workman.

** ******

D
Exam Rotl No. . .
(Please write your Exam Roll No.)

END TERM EXAMINATION VIPS


SEVENTH SEMESTER [LLB(H)] DECEMBER-2015
Subject:
Labourawt
Paper Code: LLB 407
Macimum Marks :75
TNme: 3 Hours Part A which ls
Attempt any flve questions including Q. No. of
Note: 1
each untt in Part B.
Compulsory. Select one question from
Part-A
Write short notes on the following: (5x5-25)
Q1.
a Define Workman'
b) Rights of the recognized Trade Union
c Unfair labour practice
d) Explain the different kinds of strike
e Management prerogative during the pendency of proceedings.

Part-B

Unit-I
Q2. Explain the power and function of Registrar pertaining to registration of Trade
Union. What provisions are to be incorporated in the rules of a trade union?

Elucidate your answer with help of case law. (12.5)

Trade Union in
Q3. Discuss the nature and scope of Civil and Criminal immunity of
certain specified circumstances. Substantiate your a n s w e r
with help of case
law. (12.5)

Unit-II
Q4. Explain the nature of standing orders under the Industrial
and scope
Under what circumstances a
Employment (Standing Orders)Act, 1946. (12.5)
Contract can override the standing order cite case law.

Discuss the procedure of certification of standing orders. What are the


Q5. conditions and procedure for modification of standing order? Substantiate your

answer with help of case law. (12.5)

Unit-II
Wiit sioit iiotts oi tit ioiüowing: 2x6.25-12.5)
6.
Duties of the Works Committee
a
Function of the Labour Court
b)
the
Q7. Distinguish between Individual Dispute and Industrial Dispute. Elucidate
conditions for compulsory reference of a industrial dispute by an appropriate
Government. Support your answer with help of case law. (12.5)

Unit-IV
to
Q8. Distinguish between Strike and Lock out. Explain the provisions relating
prohibition of strikes and lock outs in public utility services? Support your
answer with case law, (12.5)

Q9. Distinguish between lay-off and retrenchment. Critically examine the


procedure of retrenchment, re-employment and penalty for illegal retrenchme
with help of case law.
(12.5)

************
Please write your Exam Exam Roll No.
Vips
Roll No.)
END TERM EXAMINATIOON
53 Sal
2014
SEVENTH SEMESTER [LLB] DECEMBER Subject:
Paper Code: LLB-407 Labour Laws-T
Time: 3 Hours Maximum Markks: 75
Note: Attempt any five questions inctuding Q.no. 1 of Part A which is

Opulsory. Select one from each untt of Part B.


questions
PART-A
Q1 Write Short notes on the following: (5x5-25)
(a Trade Disputes
6 Procedure of modification of Model Standing Orders.
(CDistinction between Disciplinary action and Domestic Enquiry.
(d) Unfair Labour Practices.
(e) Collective Bargaining.

PART-B
UNIT-I
Q2 Discuss in detail the process of registration of the trade unions in India.
Critically examine the importance of registration and its' effects the recognition
of the trade unions by referring the legal provisions the case laws. (6.5+6-12.5)

03 The registered trade unions avail the immunities from the civil and criminal
proceedings.' Evaluate the statutory value of the statement with help of decided
cases. (12.5)

UNIT-II
Q4 Conceptualize the nature of the Industrial Employment (Standing Orders) Act
1946. Discuss its' Constitutional validity. (6.5+6-12.5)
Q5 Write short notes on any two of the following: (2x6.25-12.5)
(a) Certification process.
(b) Penalties and procedure under The Standing Orders Act.
(c) Interpretation an enforcement of the Standing Orders.

UNIT-III
Q6 Defining the term Tndustry' explain the new horizons of industry that have
been explored by the judicial interpretations. Refer the recent case laws. (12.5)

Q7 'Arbitration is better than Adjudication', Elaborate which process 1s better to


achieve the quick justice to the workers. Support your answer with the relevant
provisions. (12.5)

UNIT-IV
Q8 Distinguish the terms -Lay-off, Retrenchment and Closure. Explain the process
of compensation and penalty for the Retrenchment and Closure. (6.5+6-12.5)
Q9 (a) Right to, strike is a fundamental. right'. Refer the statutory and judicial
position. (6.5)
(b) Legally analyze the following strikes: (6)
(i) A strike by the doctors.
(ii) A strike by the university Professors.
(ii) A Bandh by the Political Party.

***********
your 2xam Rol11. Exam Roll No. ...
No.)
END TeRM EXAMINATION
Paper Code
Paper Code:SEVENTH
LLB.407SEMESTER[LLB] DECEMBER2013-JANUARY2014
Subject: Labour Law I|
Time: 3 Hours (2005-2010)
vote: Part A is compulsoru. Attempt one question from each unit tn
Maximum Marks:75
Part B.

Part A

Part A carries 25 marks (5 *5).


All questions are compulsory. Each question carries 5 marks.
a. Mention duties of the Registrar under the Trade Union Act 1926.
b. Disuss the conditions for the certification of
C. Standing orders.
Diferentiate between Work Committee and Court of
d. Differentiate inquiry.
between 'Strike' and 'Lock out'.
e. What is unfair iabour
practice under the Industrial Dispute Act, 19472
Part B

Part B carries 50 marks i.e., each Unit


carry equal marks of 12,5.
Unit I
2. Discuss with the help of proper reasoning and case laws on the issues whether the
following can association of staffs can form trade union under the Trade Union Act,
1926;
a. Domestic Servants,
b. Police officers,
c. Metro Railways Drivers,
d. Amy Personals
Or
3 ABC Group of Company has 5 sister concerns in the State of
Haryana. has a centralABC
Manufacturing Co. Ltd. is having its base in Manesar. The company Group
trade union of workers at head quarter i.e., Manesar. The other
sister company of the
ABC Group is known as ABC tools Ltd. at
the
Sonepat. 60% the employed workers in
of
Sonepat plant are contractual in nature. They want to fom the trade union
for
Sonepat plant as the working conditions of the workers are inhuman. Apart from the
inhuman condition of working there is also disparity in the
contractual workers is 8, 000/ p.m., whereas the permanent wages as the wages paid to
workers gets 14, 000/ p.m.
for the same nature of job. The workers want to
is against it, instead it takes a
form trade union but the management
disciplinary action on them. Management's view is that
the Manesar plant has a central trade union and there
cannot be any other trade union
in any sister concern of the
ABC group of Companies.
Aggrieved by the
response of the Company on the issue, the
Sonepat plant gheraoed the premises of the factory on short Trade Association of
of working hours and did not allow the notice during. the course
management to leave the official premises.
They shouted slogans against the management,
company and caused grievous hurt to the destroyed the properties of the
manager of company,
Discuss the liability of the company and trade union
in the above stated facts with
help of case laws. tn
5720
&i
x a m Roll No.
***°****|

Please write your Exam Roll No.)


END TERM EXAMINATION
DECEMBER 2014
SEVENTH SEMESTER [LLB] Subject: Labour Laws-I|
Paper Code: LLB-407 Maximum Marks: 75
Time: 3 Hours uoT which is
including Q.no.1 of Part A
ATtempt any fAve questions each unit of Part B3.
ompulsory. Select o n e questions from
PART-A
(5x5-25)
Q1 Write Short notes on the following
(a Trade Disputes
(6 Procedure of modification of Model Standing Orders.
Domestic Enquiry.
(C) Distinction between Disciplinary action and
(d) Unfair Labour Practices.
(e) Collective Bargaining.

PART-B
UNIT-I in India.
Q2 Discuss in detail registration of the trade unions
the process of
the recognition
Critically examine the importance of registration and its' effects
of the trade unions by referring the legal provisions the case laws. (6.5+Q=12.5)

the civil and criminal


Q3 The registered trade unions avail the immunities from
the statement with help of decided
proceedings.' Evaluate the statutory value of (12.5)
cases.

UNIT-I Act
the nature of the Industrial Employment (Standing Orders)
Q4 Conceptualize (6.5+6 12.5)
1946. Discuss its' Constitutional validity.

Write short notes on any two of the following: (2x6.25-12.5)


Q5
(a) Certification process.
(b) Penalties and pro edure under The Standing Orders Act.
(cInterpretation an enforcement of the Standing Orders.

UNIT-II
the horizons of industry that have
Defining the term Industry' explain
new
Q6 Refer the recent case laws. (12.5)
been explored by the judicial interpretations.

Arbitration is better than Adjudication',


Elaborate which process is better to
Q7 answer with the relevant
achieve the quick justice to the workers. Suppcrt your
provisions.
(12.5)

UNTT-IV
Distinguish the terms -Lay-off, Retrenchment and Closure. Explain the process
Q8 of compensation and penaly for the Retrenchment and Closure. (6.5+6 12.5)

(a) Right to strike is a fundamental right'. Refer the statutory and judicial
Q9 (6.3)
position.
(b) Legally analyze the following strikes:
A strike by the doctors.
(ii) A strike by the university Professors.
(i) A Bandh by the Political Party.

***********
*'***

Exam Roll No.


.
ase write your Exam Roll No.)

END TERM ExAMINATION


DEcEMBER2013-JANUARY20114

VONTH SEMESTER [LLB] Suhject:


Labour
Law I |
gper Code: LLB.407 (2005-2010)

Yol Maximum MarkS: 75


me: 3 Hours edch ue
e

Part A is compulsory. Attempt one question from


Note: Part B.

Part A

Pant A carries 25 marks (5 *5).

All questions arecompulsóry. Each question carries 5 marks. 1926.


a. Mention duties of theRegistrar under the Trade Union Act
b. Disuss the conditions for the certification of Standing orders.
c. Diferentiate between Work Committee and Court'of inquiry.
d. Differentiate between 'Strike' and 'Lock out'.
1947?
e. What is unfair labour practice under the Industrial Dispute Act,
Part B

of 12,5.
Part B carries 50 marks i.e., each Unit carry equal marks

Unit I
whether the
the of reasoning and case laws on the issues
Discuss With help proper
under the Trade Union
ACt,
can association of staffs can form trade union -''

Tollowing
1926;
.a. Domestic Servants,
b. Police officers,
C. Metro Railways Drivers,
d. Army Personals
Or
concerns in the State of Haryana.
ABC Group
ABC Group of Company has 5 sister has a central
Manesar. The company
Co. Ltd. is having its base in
Manufacturing Manesar. The other sister company
or
tne
at head quarter i.e.,
trade union workers
of
60% of the employed workers un
ABC Group is known as ABC tools Ltd.at Sonepat. trade union for,
nature. They want to form the
the Sonepat plant are contractual in inhuman. Apart from
the
the working conditions of the workers are
Sonepat plant as
in the vwages as the wages.paid
to

inhuman condition of workingthere is a!so.disparity


whereas the permanent workers gets 14, 000/p.m.
contractual workers is 8, 000/ p.m., management
workers want to form trade union but the
for the same nature of job. The is tha?
instead it takes a disciplinary action on
them. Management's view
is against it, trade union
has a central trade union and there cannot be any other
the Manesar plant
sister concern of the ABC group
of Companies.
in any
Association o1
Aggrieved by Conmpany oin the issue, the Trade
the response of the
gheraoed the premises of the factory on short notice during the coursSe
Sonepat plant
allow the management to leave the official premises.
of working hours and did not of n
shouted slogans against the management, destroyed the properties
They
caused grievous hurt to the mana er of company
company and

Discuss the liability of the company and


trade union in the above stated facts
witn
L
help of case laws.

D-TAe1isy
(Please write your Exram Exam RolU No.. soo*9******"?'*

Roll No.)

END TERM EXAMINATION


SEVENTH SEMESTER[LLB] JANUARY-2013
Paper Code: LLB 407 Subject: Labour Law-l
Time 3 Hours uo Maximum Marks :75

Note: Part Aiscompulsory. Attempt onequestionsfrom each unitin Part B.

PART-A
Q.1 (a Mr Mohit was employed at Jivan Transports Ltd on probation for a period of two years.
ne Company had assured him that he would be confirmed on permanent position after completion
ofthe said probation. During the course of probation he suffered from the Tuberculosis (TB disease)
and doctor advised him to undergo the treatment for a period of 06 months. Employer terminated his

services on the ground that he had become unfit for the duty. He argued that retrenchment was illegal
butclaimed retrenchment compensation. The same was rejected by the employer on the grounds that
Such term ination did not fall within the ambit of retrenchment. Decide the dispute.

Discuss factors affecting the bargaining powers of employers and workers/workers association
during collective bargaining process.
)Application for closure was approved by the appropriate government. Workers union approached
the govermment to review its decision, but the same was rejected. After One month the same union
approached the government to reconsider its decision on the closure. The appropriate government
referred the dispute to the Industrial Tribunal under Section 10 of the I D ActWhether such
referenceis validunder the Act?
(d) Discuss the provisions governing subsistence allowance to a workman,

e ) Differentiate between the Triple test and Dominant nature test for the purpose of ID Act, 1947
(Marks: 5x5-25)

PART-B (Marks: 12.5x4=50)


UNIT-I
Q.2 What are the objectives of the Collective Bargaining? Explain various modes/methods of
nitionof trade union as a bargainingagent for the purpose collectivebargaining. Does
the collective bargaining agreement is recognised under the ID Act, 1947 or Trade Unions
Act, 19262 (Marks: 2+8+2.5=12.5)
Q3 What are privileges and immunities provided to a trade union under the Trade Unions Act,
1926? What are the limitations of these immunities under the Act? Whether thesa benefits are
also available to a recognised trade union? Givejustifications

(Marks: 8+3+1.5-12.5)
UNIT-II
the Industrial
04. Examine the prerequisites for lhe certification of a,standing order under
Act 1946. What is the legal status of a certified standing order
Employment (Standing Orders) for - - not
under the Act? Can the Standing Order of any industrial establishment, provide matters
listed in the Schedule to the Industrial Employment Standing Orders Act 19466?
*

(Marks: 8+2+2.5-12.5)
P.T.O.
**,

VIPS

(Please write
your Exam Roll No.) Exam Roll No.

END TERM EXAMINATION *****sonon

SEVENTH SEMESTER [LLB] DEc 2011-JAN 2012


Paper Code: LLB-407 Subject: Labour Lawi
TYme: 3 Hours Gol. *****
(Batch 2005-2008)
.4vOe: Part A is
Maxtmum Marks :75
compulsory. Attempt one question from each unit in Part B.

PART-A
Q.1 8) Explain the term 'Any Person' under Section 2 (k) of the Industrial Disputes Act, 1947.
) Examine law relating to enforcement of final order of an Industrial Tribunal under the
Industrial Disputes Act, 1947.
C) Explain requisite conditions for a valid retrenchment for an I T organisation, employing 99
Workmen preceding 12 months, not engaged in manufacturing process.
a)What are the circumstances wwhen an individual workman can approach a Labour Court
directly?
(e) What do you meant by the term Check off Method'? Is there any provisicn under the
Trade Unions Act, 1926 which can
regulate such method?
(5x5)
PART-B (12.534)
UNIT-I
Q.2 Examine the nuances of the right to from workers
associations in India. How far
associations are successful in achieving their objectives for which these have these
been
constituted?

Q.3 Explain the hindrances in the promotion and prötection of workers associations in India. What
are the remedial measures to
overcome these problems?
UNIT-I

Q4 Explain the term 'Model standing orders' and its application under the Industrial Empioyment
(Standing Orders) Act, 1946. Whether these standing orders are binding on employer and
workmen during its operation ina covered organisation? Give reasons.

Q.5 Discuss the provisions regulating modification of standing crders under the Industrial
Employment (Standing Orders) Act, 1946? When and where such modification can be
challenged?
UNIT-I I
W.
what
Q.6 is, the amplitude of Individual Dispute under the Industrial Disputes Act, 1947. How
far the Industrial Disputes (Amendment) Act, 2010 has affected such
dispute? Do you agree
with the provisions of the Amendment Act on the subject? Give reasons.

O.7 Explain the nature and scope of functions that are carried out by the
appropriate orgovernment
under the Industrial Disputes Act, 1947.Whether a reference can be superseded cancelled
by the appropriate government? Give reasons.

UNIT-TV

Q.8 Examine essential conditions of a legal and justified strike under the Industrial Disputes Act,
1947. What are the
consequences of an unjustified strikc? Whether declaraticn of strikKe a
acquired the status of a fundamental right or legal right in India? Support Y
reasoníng and relevent case law. asv
Q9 Define the term Donestic
enquiry. Exar.ine applicatiot
proCeedings. Whether vepresentation by a lexal pracaionerptriveivles
such of rat
of
during stl sa
-be Considereda5 an integral parí of ioir
hencing? (Give r:asots
3

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