1. Suman a worker working in Ramu Industries in Bangalore is laid off by her employer.

The
employer provided alternative employment in another establishment belonging to Ramu
Industries situated in Hubli. But Suman refuses to accept the same and wants to claim lay-off
compensation. Whether she will succeed?
Section 25-E (i) of the ID Act 1947- the employer can refuse lay-off compensation if
alternative employment is given to the laid-off worker within 5 miles radius
2. The BMC carried out public utility service in Greater Bombay and for the purpose employed
certain drivers for buses. The transport service was managed by the electricity supply and
transport committee. One of the drivers on 20th July 2005 finished his work for the day at 7:45
pm at Jogeshwari Bus Depot. To reach his residence in Santa Cruz he boarded another bus
which collided with a stationary lorry near Andheri. Consequently, he was thrown on the road
and expired on 26th July. The compensation was claimed by his widow pleading that the
accident had arisen out and in the course of employment. Decide.
Section 3 of the Employee’s Compensation Act 1923- liability of the employer to
compensate for injuries during employment- Notional Extension for ingress and agress-
General Manager BEST v. Mrs Agnes
3. Ramu a workman while performing the duty of the employer died due to an accident. It was
proved that at the time of the accident, he was under the influence of intoxication. Whether
the employer liable to pay compensation?
Section 3 of the Employees Compensation Act 1923- employer not liable to pay
compensation when the injury was caused due to the intoxication of the employee
4. An employer dismissed the service of a workman for misconduct. The dismissed worker
raised a dispute under the ID Act, whether the dispute raised by the workman is an industrial
dispute?
Section 2(k) of the ID Act 1947- the industrial dispute is dispute b/w employer and
employer, employer and worker, worker and worker in connection with employment, terms
of employment or labor condition- termination due to misconduct not a ground since it is
a disciplinary action
5. The workers of a registered TU declared an illegal strike. Due to an illegal strike employer
sustained a loss. The employer filed a suit against the TU for recovery of compensation. Will
he succeed?
Section 26 of the ID Act 1947- remedies available to the employer when workers resort to
illegal strike- Rohtas Industries v. Its Union- award granting compensation to the employer
for loss of biz is illegal since section 26 provides certain remedies.
6. The municipality appointed ‘A’ as a workman to repair the clocks of the Municipality. While
repairing the clock ‘A’ died due to lightening shock. Whether the Municipality is liable to pay
compensation?
Section 3 of the Employees Compensation Act 1923- employers' liability to pay for injuries
caused during employment
7. Chintamani Industries, a woman-run organization employing only women workers. It allows
to some women workers night shift between 6 pm and 2 am. Is it justifiable? Decide
Section 66 (1)(b) of the Factories Act 1948- no woman shall work beyond her working hours
of 6 A.M to 7 P.M (even if State govt through notification in gazette changes she will not
work b/w 10 P.M to 5 A.M)
8. Ajay an employee in Jaideep Industries died in a fatal accident in the factory. The employer
paid the widow a compensation sum of Rs 1 Lakh directly. Is it a valid payment?
 Section 8 of the Employees Compensation Act 1923- distribution of compensation through
the Commissioner- Salamat v. Agent East India Rlwy- any settlement made directly with the
dependents out of court is illegal and the commissioner can call for fresh compensation.
9. Anand a driver of RSRTC was terminated on account of his eyesight problem. He claimed
retrenchment compensation. Is he entitled to it?
Section 2 (oo)(c) of the ID Act 1947- termination of employee on the ground of continued
ill health is not retrenchment- since not retrenchment thus, no retrenchment compensation
10. Akshata and Co is a public utility service industry where a strike commenced during the
pendency of conciliation proceedings and the workmen plead that the strike was provoked
by the employer. Decide.
Section 22 (1) of the ID Act 1947- strike is prohibited or would be considered illegal if done
during pendency of conciliation proceedings- same held in Deshpandey v. Ferro Alloys
Corporation
11. ‘A’ was the employee in Lorry of ‘B’. His duties were to ‘X’ and the materials on the lorry and
to go with the same for unloading the materials at the work spot. While the lorry was moving
he attempted to save a rabbit passing on the road and as a result fell and died. His wife wants
to claim compensation. Advise her.
Section 3 of the Employees Compensation Act 1923- employers liability to compensate for
injuries arising out of employment.
12. ‘X’ a member of the registered TU refused to contribute towards the political fund of the TU.
He was expelled from the TU for the same. ‘X’ challenges the expulsion order. Decide.
Section 16(3) of the Trade Unions Act 1926- no member shall be forced to contribute to the
political funds and will not be expelled due to non-contribution.
13. Workmen immediately after reporting to duty against the will of the employer, leave the place
of employment to attend the funeral ceremony of the ex-employee. Employer treats the act
of the workmen as an illegal strike. Decide
Section 2(q) of the ID Act 1947- definition of a strike- there is no concerted refusal to work
thus no strike
14. 35 women are employed in Mythili Industries. Since only 2 women workers had children
below 5 years of age, the manager of the Industry refused to provide creches for the children.
Is the refusal correct?
Section 48 of the Factories Act 1948- factories with more than 30 women working shall
provide creche.
15. An ex-prisoner brought action against the 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?
Section 2 (1)(dd) of the Employees Compensation Act 1923 and Schedule II of the Act-
definition of employee, no mention of a prisoner- Ved Yadav v. State of Delhi- prisoner do
not take up work voluntarily but a statutory obligation or punishment thus cannot be
considered as employee
16. Employees of Raj Bhavan apply for registration of TU. The registrar refuses to register the
same. Decide
Section 8 of the Trade Union Act- registration of Trade Union- Rangaswami v. Registrar of
Trade Union- they perform sovereign functions and thus govt servants cannot form a TU
17. 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 when the boy was coming out of the factory after serving tea to the workers
he passed through a violent mob of factory workers who were leaving the factory. This mob
 attacked the police and the police had to fire upon the mob in self-defence. Unfortunately,
the boy was severely wounded by a bullet and died the following day in the hospital. Now the
mother of the boy claims compensation. Decide by giving reasons.
Section 3 of the Employee Compensation Act 1923- employer’s liability to pay for injury
incurred during employment- National Iron & Steel Co v. Manorama- same facts
18. Kumar and Co Ltd directed its workmen not to report for work for 15 days due to water
scarcity in the industry, and the workmen claimed lay-off compensation. Kumar and Co.
refused to pay. Decide
Section 2 (kk)- definition of layoff means refusal to give employment on account of the
shortage of raw materials- is a layoff and compensation shall be given.
19. In an Industry there was continuous unrest at work leading to strikes and lock-outs. The
employer closed down the industry. Does this amount to closure? Decide with reasons.
Section 2(cc) of the ID Act 1947- definition of closure- permanent closing down the place of
employment at the prerogative of the employer.
20. The certifying officer certified and sent to the employer the Standing Order for his industry
without sending a copy to the concerned TU. The TU challenges the Standing Orders as invalid
because they were not consulted. Decide
Section 5 of the Industrial Employees (Standing Order) Act 1946- The certifying officer shall
forward a copy of the standing order to both parties.
21. Raja was working as an electrician at David & Co. which is a subscriber to the ESI Corporation.
Raja comes into contact with a live wire and dies. His widow claims compensation under the
Employees Compensation Act, which was refused by David & Co. What is the remedy available
to Rani?
Section 61 of the ESI Act 1948- bar of benefit under other enactments- however she is not
claiming under both Act but only under one which is her discretion-
22. Niteesh & Co. manufactures salt from seawater on the coast of Ratnagiri in Maharashtra. They
have employed 30 workers to collect the salt, pack it and load it onto trucks. The inspector of
Factories prosecutes the Director for not maintaining a register of workers as required under
the Factories Act. Niteesh & Co. contends that they are not a factory. Decide.
Section 2(m) of the Factories Act 1948- factory definition: with aid of power 10 workers,
without aid of power 20 workers, enclosed precinct- State of Bombay v. Ardeshir Hormusji
Bhiwandi Wala- same facts