5 (& LL.B. (Hons.) Vith Semester : Labour Law I Unit=1 (Syllabus) Unit-1 Workmen’s Compensation Act, 1923 (Sec. 1-10, 12, 14, 14A, 17 & 20) Conceptual frame work of Social Security-Evaluation and concept of Social Security, Scheme of Social Security, Workmen's Compensation Act, 1923; Definitions, Aims & Object, Liability of Employer, National Extension & Defences, Determination of Amount of Compensation, Compensation when due-Penalty for default. Contracting Out (Sec.17), Appointment & Powers of Commissioner (Sec. 19-31) _ Unit Wise Previous Year Question Paper of Lucknow University ut ar — 2013 Long Question ~ “Social security means a guarantee provided by the State through its appropriate agencies, against certain rises to which the members of the society may be exposed.” Explain the meaning of the world “Social Security’ and distinguish between social assistance and social insurance. carafe Gren or med ow teh Ger a ah wT A TP are wher HA ARI B Rew he Rar Woe wre S weed Seer Op aes Geer or oat aeEy ote omit Tere ed afta hen A ore we HR Q.2- The main object of the Employees’ compensation Act, 1923 is payment of compensation to employees’ himself in case of his surviving the injury in question and to his dependents in the cases of his death Discuss the provisions relating to amount of compensation and distribution of compensation under the Act. anferdt pita afatas, 1923 an gem ogtea eater at ead af ae aft oeary After wear a te a sel EG oh 8 tt Gas arts Th ater Sr 8) oP S ois aeRO) woH TT afte oT ET a wars ore a faa Ae Short Question Q.1 Importance of Social Security eran Bea aT RET -Q.2_ ‘Employee’ under the Employee’s Compensation Act, 1923. aatert ster offre, 1023 3 smb tery Q.3 — Forfeature of gratuity wan Hh wrveft Q.4 Recovery of gratuity wre Hh aR LLB. (Semester-IV) Year - 2014 (New Course) Q1- What do you mean by social security ? Discuss the difference between social assistance and social insurance. pratt pen Bory war eS & 7 anes weve cer MoT Aer S ora A cart IASI | ent alone does not entitle a workman to claim compensation. The accident must arise out and in employment.” Explain with the help of decided cases. cantort oh ardor oe or oranda aah alse ae ges Pratort a eter cer Frost 1° Breit aret oA. etre @f eafeat afer opt Peart. ¢ Q.2- Notional Extension mea MAN Q.3- Wotkmen Compensation Commissioner swifare afters ome Q.4- Wage period srorg rat : LLB, (Hons.) (Semester-VI) Year ~2015 (New Course) Q.A- “Social security is essential related to the high Ideals of human dignity and social justice, aim of social security? Explain the social assistance and social Insurance. Ren sified we A rata ike athe aera rar ah weg oingal Yea Reer By wrens, {Re ny SRtra em ? cre em ate ears hr WA er sare Q2- The expression ‘monthly ‘wages’ means the amount of wages deemed to be payable for 9 month Service.” What Is the method of calculating wages? Discuss the provisions relating to amount of S2mPensation and review, under the Employees’ Compensation Act, 1923, Refer to decided cases, wag! Ge a ve ate a aan ad fee vita wed on arch wrong A aon aaa BL IGA ant Metra wey A waft wn & ? ater sitar sia, 1929 aren wide eo) ea Ue pitti at weahia suet ay ” What is thy fever ARE Prete arat an Beda Hy Short Question ~ Q.2- What do you understand by social security? Qa Notional Extension of employer's Premises Q.3- Remedies of employer ‘agalnst stranger Qa Totaldisablement - -. . ares een a ae ae aed rato a ere wr res sree eae foe Prhare vb wee ‘ef Praca 015 lons.) (Semester-ViI) Year (New Course) tially related to the high Ideals of human dignity and social Security and describe the importance and utility of Soclal Gude “The concept of soctal security Is essen justice. ” Discuss the conept. of Social Insurance. “Finke yan ah ae ce arte in ote fr sara wea mee ea rare yen A eee 9 Aber ee cea mer sr} nee acti yas ae Q2- “If personal Injury is caused to an employee by accident arisi employment, his employer shall be lable to Pay compensatl Compensation Act, 1923. Refer to decided cases. Ing out of an in the course of his lon"- Discuss under the Employees Qui- _Sotlal Assistance Is on of the oldest forms of Social Security, ‘onnfttas eave, ‘wantin arent & yrdtrern ated At yar ey Q.2- Commissioner under the Employees Compensation Act, 1923, nko utter, Jo29 ab sme amg ‘AUB. (Hons,) (Semester-Vi) Year~ 2017 (New Course) Que (a) ‘A? 25 year old workman dies inthe course of the employment, At the day of death his wages was 5500/- rupoes. How tho Compensution will be determined by theerrr Son Commissioner and how thuch atiount will be awarded to the Dependents of ‘A'? 25 ada ator a ay Pt q saat 5500 /— Se tor gush en rae ae (b) ‘A’ 21 year old workman employed in an industry in India and his wages was 4100/- rupees. On the request of Government of U. A. E., the delégation of workmen has been sent to Oil Refinery Factory of U. A. E, ‘A’ was the member of this delegation died during the work in said factory. Accordance with law of U. A. E. the relevant factor is 500 (assumed). While in Indian law the relevant factor is 222.71. Determine the liabilities of employer to pay compensation under the Indian’s law of compensation and U. A. E. towards the dependents of died workman. ‘or an aha arene snieet ea sete A Pratt em ae eA aT 4100/— OTE A AC ara & Pe uy galt ona forge dace o foe anton a ete Aoh wat HTH Ter en Gh saRtat aed a wrt med aww ae Tar) ges. FY AY S orgee YR Ww 500 (ATT Ben) Boral areca (OY gett ee 220.71 BL gr afore & onPhra D afer ser FH aferary FAT Ter ANS. A wre AS orenia Patra } afore pra} aa wr Pater FASC | Q.2- In which cases the employer shall not be liable to pay compensation? What are the provisions concerned to occupational disease? fi arrait 9 Gratore utes ware oe o fae seers are ten? Verret STG era Ta ware? Short question = Q.1- Scheine of social security In the purview of labour laws, am PRAY ray A errors Year wy cova Q.2- Contracting out ear ERI aT Q.3- Liability to pay the cost for proceeding before Commissioner arg wae onlardt B ws oar Se aT Pet LB. I) Year ~ 2018 b (New Course) (a) ‘Wan 18 years old Wworkttian during the work the balls of highly hot glass escaped and hurt the both eyes: He has become blind. His monthly wages was Rs. 6,500/-. Compute the aniount of compensation: je wig a antere ot and of aha ager nf att ah feet wea wy ell site A om PA RT cag fet et aren) wera afta org 6,600 waa oA afters aA BY ToT ARATE ) Suppose a Factory of U-K. hired 10 workmen from Industrial establishment of ja. ‘WV’ is one of them died duting the work, His age was 25 years and his monthly £500/- fixed as pet the contract of service. The relevant factors of *W? are 450according to the U. K. Compensation Law. The amount of compensation aid by the employer of Factory oF UK. to the ‘W" by this formula : A.C. = WI/2.RF or £ 2,099, Payable whichever is more. In India the wages of ‘W’ was Rs. 6,000/-. Compute the payable amount of Employer of Factory of U. K. and Industrial establishment of India. BT ART A A. amr ce wera sr ob ates even B10 who at A eran waaay ag ard Shere eh oh 81 we 25 are ar eT] GAY ara HTGA £ 500/- it Sar A eiftey @ fire Baa BH ah oh ‘& wlor a Gira Few qs. a ftae AY a orgUR 450 8) Bad. 8 omar & Pare ere arr eh fre aH a ge yD fora SL ah heh; wider wht = AGE x Gera wes sera £2,00000 ot afte ef Sa eM) ART A TEM HE ¥. 6,000/— oh as. B orearT S.Aahorn. gen ava. steht seers & Prato art da sitar a aor, ARE | ee on In which conditions the appeal shall lie against the order of Commissioner? In which cases the Commissioner shall remit all fees of legal proceeding as-a cost? SHG @ oath and complaints, 2. Authorities shall have the powers of a civil court. Power of appropriate Government to appoint, authorities for, hearing and. deciding claims ang complaints: : i ce 1. The appropriate Government may, by notification, appoint such officers, not below the rink of a Labour OfTicer, as It thinks fit to be the authorities for the purpose of hearing and deeiding- (2) Complaints with regard to the contravention of any provision of this Act: (©) Claims arising out of non-payment of wages at equal rates to men and women workers for the same work or work of a similar nature, And may, by the same or Subsequent notification, define the local limits within which each such authority shall exercise its jurisdiction: 2. Every’ complaint or claim ieferred to in sub-section (1) shall be made in such manner as may be presctibed, 3. IF any question arises as to whether two or more works are of the same nature or of a siniilar nature, it hall be decided by the authority appointed under sub-section (1) 4 Where's complaint or claim ig made to the authority appointed ioeder sub-section (1), it may, after giving the applicant and the employer an opportunity of being heard and after such inquiry as it may consider necessary, direct, (Dn the case of a claim arising out of: non-payment of wages at equal rates to men and women workers {or the same work or work of a similar nature, that payment be made to the worker of the amount by which the wages payable to him exceed the amount actually paid; (li) In the case of complaint, that adequate steps be taken by the employer so as to ensure that there is no contravention of any provision of this Act, 5. Evety authority appointed under sub-section (1) 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 and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminel Procedure, 1973 (2 of 1974) ee 6. Any employer or worker aggrieved by any order made by an authority appointed under sub-section (1), on a epmpluint or claim may, within thirty days, from the date of the order, prefer an appeal to such authority as the appropriate Government may, by notification, specify in this behalf, and that authority may,.afler hearing the appeal confirm, modify or reverse the order appealed against and no further appeal shall lie against the order made by such authority, 7. The authority referred to in sub-section (6) may, if it is satisfied that the appellant was prevented by ‘sufficient cause from preferring the appeal within the period specified in sub-section (6), allow the Sppeal to be preferred within a further period of thirty days but not thereafter. : 8. The provisions of sub-section (1) of section 33-C of the Industrial Disputes Act, 1947 (14 of 1947), shall apply for the recovery of monies due from_an, employer arising out of the decision of an authority appointed under this section, Q.3° “Living wage is constitullonal requirement, fair wages depends upon tho ‘eapacity of employers, no Payment of miisionwem svitges 18 x erlasltial act” Discuss, Ans,fens shall contain following Intportnne Points: aN y. Wage structure 2. Kinds af wages a, Minimum wages b. Fair wages e. Living wages oh Sey Sti Wagg-Structure-Droadly speaking the wage structure canbe divided into thre categories: The basic fj wage’ and finally Pee a ea ae and is at poverty line-level, a little above is the ‘fair whicl i : i rl So Ae sities at a comfort level. It is not possible to demarcate these certain principles on whi a “ \ dalays' Theit Worker ee fixed have baen stated by the Supreme Court in Kamani Metals andl Sen expression “minimum wages” Is not defined in the Act presumably because it (ot be possible to lay down a uniform minimum wages for all industries throughout the country On accaunt of different and varying conditions prevailing from industry to industry and from one part of the country to another, twas held in Hydro (Engineers) Private Ltd. v. The Workmen,) that:- Components of a minimum wage.- A minithum wage must provide not merely for the bure subsistence of fife but for the preservation of the efficiency of the worker, and, so it must also provide for some measure of edycation, medical requirements and amenities. The concept of minimum wage does not meat © wage that enables the worker to cover his hare physical need and Keep himsclf just above sarwiiet The capacity of the employer to pay is irrelevant In fixing Therefore, no addition shall be thade lo the compontents of the minimum wage, wh ear the lower level ofthe fair wage. Jn Unichay v. State of Kerala it was held that “the Act contemplates that minimum wage ites should be fixed in the scheduled industries with the dual object of providing subsistence and maintenance of the worker aiid his family and preserving his efficiency as a worker. Tait wages There is difference between minimum wages and fair wages. In case of fait i principles of industry-cum-region, the company’s capacity 10 bear the financial burden must receive duc ce sideration. But mere hopeful observations made in the director’s annual report cannot be basis for awarding increased wages because such ob: ‘es made to inspire hope and confidence jn sharcholders and they cannot be a substitute for actual audited figures. ST te Works v. State Industrial Court, Nagpur, is a leading ease on the point. In this case the Supreme Coutt obsetved that in fixing the paying capacity the Tribunal wil have to fix the income as well ts penmitted deductions and allowances properly incurred. There can be no dispute that experise® incurred Ta pels cent, publie charges, maintenance of the establishment and expenses incurred in marketing of the produce sliould be deducted. : 7 ing waye- The Fair Wage Committee in its report published by Government of India, Mit nistry of {1949 defined the ‘living wage’ as under: : “the living wage should enable the male eatner 16 provide for himself and his family not merely essentials of fabd, clothing and shelter but a measure of frugal comfort including edueation for , protection against ill-health, requirements of essential social needs, and a measure of insurance J¢ more iitiportanit misforturtes including old age.” ir wage, besides theMats (Sylabus) Unit-v : Payment of Wages Act, 1996: Alms 8 Odhjact, Responsibility of Payntont of Waxes, Hine OE Nay of Wages & Fixation of Wage Perlad, Authorized Deductions (See. 7 10 14), Appointiont Power Inspector and Authority tor Adjudication of Claims (Sec. 18:88), Panalty foreatfances uniter the Act, 2 The Payment of Bonus Act : SeOpO antl Application, Deflation, Computation af Gloss palit aint ‘availa Surplus, Eligibility for Bonus, Disqualifigation for Bonus, Mnhwun and Masinnum Honus, Unit Wise Previous Year Question Papor of Lucknow University AUR SomestoriV) Yoar= 2013 GAs “The object of the Atinimum Wages Act,.A9H8 Ig. directed agalnst exploltatlon of the IknOFAN, los Srganized and less privileged membors of the society by the capitalists,” Deline ‘wages! andl llsucss the Procedure for ing and revising of minimum rate.of wages. Rofere to decked casps, SereTH woHGR WAPI vod BT TEBE YONA mer AME elem Ua! he a {ar amt al od eae 8 eae EY aaTRA wy aa AY oe WOT. D Meter We yeaon a uA AD MATE aANOIET MaMa ata Wye ay, Rinne (8 . Qa “Government may appoint such officers as'it think lt to be the authorities for the purpose of hearing and deciding complaints and claims arising out of nonpayment of wages at equal rates to mon and Roman workers.” Discuss the appointment, poweis and duties of Authorities undor the Cqual Remuneration Act, 1976. an an appeal lle against the order of authonty. Seam RN wean oh Ae ie TRA FO ate eA tet a) yan A MT Gale MGA ar tae Pd SY 8 OTH AN GTA Gare Ae aie A rand ate cna AeA a ag and Agar ie wend) € eon wwe MMV 97a a omevfy wd a PUGRAN erate we ede) ADH ANNIE LTE AMAA) aD oder a Fog aka oh on wend 8 i Q.2+ Accounting year under the payment of Bonus Act, 1965, AA eta SRP: 1908 TP apef aa ae) ‘ LLB. [SemesterJV) Year 2014 (New Course) QA “Living. wage is constitutional requirement, fair wages depends upon the capacity of employers, no Payment of minimum wages Is a criminal act.” Discuss.» " ‘Prate sorg ten oar UAT aA AeA erm We AME we Rg AN HNN aN YONA 7 Ser orrehte ae Cit dur aA a G2 Discuss the provisions of the Payment of remuneration at equal rates to men and women workers under the Equal Remuneration Act, 1976, Rome mnths AAI rove aD orender eR et fe wafer eeM MRAM yeeTE a vei a ache mio Short Question — ° Que Central Advisory Board bdr crema fry Q2- Advisory Committee in Equal remuneration Act, 1976 ‘rm enfteafras uPAR, 1070. aeerber erate WARY