MS-28 Labour Laws Sample Paper

MBA - Master of Business Administration

Note: There are two sections A and B. Attempt any five questions from Section A. All questions in Section A carry 15 marks each. Section B is compulsory and carries 25 marks.

1. Discuss the link between Directive Principles of State Policy and labour legislations.

2. Who is an occupier under Factories Act and what are his general cuties and responsibilities?

3. What is the distinction between registration and recognition of unions? What are the rights and obligations of recognized trade unions?

4. (a) List unfair labour practices by workers and employers.

(b) What protection does a workman have under the Industrial Disputes Act during the pendency of proceedings?

5. What are the different authorities under the Industrial Disputes Act for settlement of industrial disputes? Critically examine them.

6. (a) Explain the provision for ‘set-on" and ‘set-off’ in the Payment of Bonus Act, 1965. Why has such a provision been made in the Act?

(b) What can make an employee eligible or disqualified for the payment of bonus under the Act? Can an employer forfeit the whole amount of bonus payable to workers? If so, for what reasons?

7. What is the object of Employees’ State Insurance Act? What establishment and who are covered by it? What is the procedure for registration and for seeking exemption from the provisions of the act?

8. Write short notes on any three t of the following:

a) ILO Core Conventions
b) Retrenchment under ID Act
c) Equal Remuneration Act
d) Minimum Wages Act
e) The Payment of Gratuity Act

SECTION B

Please read the case given below and answer the questions given at the end.

The employees of ABC Company started resorting to work to rule, go slow and other covert agitational methods because they (the employees) thought that the management had unilaterally revised the prices of canteen items without consulting the canteen committee. The management view was that since the recognizes union’s registration was cancelled due to non-submission return, therefore the management was not obliged to consult the employees. Consequently, the management also felt that the canteen constituted with the nominees of the then recognized union ceased to be are preventative body. He management entered into an MOU with another registered union. The management constituted a canteen committee with the cooperation of the registered, but not recognized union. During the strike there were some disturbances and an accident in which an apprentice died. The management did not agree to pay compensation on the plea that the deceased person was not an employee of the company. This led to further unrest. The management applied to the appropriate government to allow them a lockout on the pretext of threat to company’s property and personnel. In the meantime they also insisted that unless employees sign a ‘good conduct’ certificate the workers will not be allowed to enter the factory for work. A section of the workers were willing to sign but the other refused to do so and dubbed the management as indulging in unfair labour practices.

Questions:

a) Did the management resort to unfair labour Practices, Explain?
b) Is the management correct in creating the recognition as cancelled when the union’s registration was cancelled due to some technical reasons and constituting another canteen committee and holding discussions and signing MOU with another union?
c) Is this a case of strike or lock-out? Explain.
d) Is the management right in insisting on ‘good conduct’ certificate? Are the workers right in protesting against their signing a ‘good conduct’ certificate as a prerequisite for entering factory premises for work?