LABOUR LAW

P II C DEC 2018
15. Which of the following statements are correct?

(i) An Industrial Dispute can arise when a demand is made by the workman and denied by
the employer.
(ii) Industrial Dispute is a dispute between employers and employers or between employers
and workmen or between workmen and workmen.
(iii) Employer's failure to fulfil his verbal assurances is an Industrial Dispute.
(iv) Industrial Dispute will subsist in spite of closure of industry.
Choose the correct answer from the code given below :

(A) (i), (ii) and (iv) are correct

(B) (ii) and (iv) are correct
(C) (i), (ii), (iii) and (iv) are correct
(D) (i) and (iv) are correct

Ans: A

55 An application to the Tribunal by an employer seeking permission to discharge or

dismiss a workman during pendency of the proceedings in respect of an Industrial Dispute:

(A) Is maintainable even if prima facie case is not made out.

(B) Is maintainable if found that all the proper steps have been taken and bonafide
conclusion has been reached in respect of misconduct of the workmen.
(C) Is maintainable even if bonafide conclusion has not been reached in respect of certain
workmen.
(D) Is not maintainable in all cases.

Ans: B

100. The strike or lock-out shall not be deemed to be illegal

(A) If the strike or lock-out was in contravention of this Act only at its commencement.
(B) If the strike or lock-out has commenced after the reference of disputes to the authorities
under the Act.
(C) If the continuance of strike or lock-out has not been prohibited by the order made
under Section 10 — A (4 — A) of the Act.
(D) If the strike or lock-out has commenced before and continued even after the
prohibition under Section 10{3} of the Act.

Ans: C
68. "The application of the Industrial Disputes Act to organisations which were, quite
possibly, not intended to be so covered, might have done more damage than good, not
merely to the organisations but also to employees, thus the decision in Bangalore water
supply case requires to be re-examined."
In which one of the following cases the above has been observed ?

(A) Hombe Gowda Educational Trust vs State of Karnataka

(B) M.P. Electricity Board vs Jagdish Chandra Sharma
(C) State of Haryana. vs Piara. Singh
(D) Coir Board, Ernakulam, Cochin. vs Indira Devi P.S. and others

Ans: D

63. Match the items of List I with the items of List II and choose the correct answer from
the code given below.
List I List II
(a) Social justice is not based on contractual relations and is not to be enforced on the
principles of contract of service (i) J.K. Iron and Steel Company Ltd. vs Iron and
Steel Mazdoor Union
(b) Decision of the Tribunal must be based on established principles and not import any
notion of so called justice or compulsion to safeguard the interest of workmen (ii) Rashtriya
Mill Mazdoor Sangh vs Appollo Mills Ltd
(c) The very important philosophy that the concept of Industrial peace is positive and
postulates the existence of the understanding, cooperation and sense of
partnership between employers and employees (iii) State of Bihar vs Kameshwar
(d) The Supreme Court emphatically propounded the very idea of social justice in the form
of general interest of the community in its historical judgement (iv) Standard Vacuum
Refining Company vs Its Workmen

(A) (a)-(i), (b)-(ii), (c)-(iii), (d)-(iv)

(B) (a)-(iv), (b)-(iii), (c)-(ii), (d)-(i)
(C) (a)-(ii), (b)-(i), (c)-(iv), (d)-(iii)
(D) (a)-(iii), (b)-(iv), (c)-(ii), (d)-(i)

Ans: C

93. Which one of the following is wrong ?

(A) An employer must have committed a series of unfair transactions before he could be
held guilty of unfair labour practice.
 (B) A settlement outside the conciliation proceedings would bind the parties to the
agreement and a settlement under Section 18{3}. of the Industrial Disputes Act as a result
of conciliation would bind all the workers.
(C) The employer has to give an opportunity and preference to retrenched workmen for
re-employment.
(D) The union which represents the largest number of workmen working in the
undertaking must acquire the status.
Ans: A

27. Given below are two statements, one labelled as Assertion (A) and the other labelled
as Reason (R). Read the statements and choose the correct answer using the code given
below.
Assertion (A) : The employer need not commit a series of unfair transactions before he
could be held guilty of unfair labour practice.
Reason (R) : The purpose of Industrial Disputes Act is to prevent industrial strife — in
other words to prevent anything from happening which could lead to Industrial Disputes
and not merely to punish it after it has been practiced.

(A) (A) is false, but (R) is true.

(B) (A) is true, but (R) is false.
(C) Both (A) and (R) are true, but (R) is not the correct explanation of (A).
(D) Both (A) and (R) are true and (R) is the correct explanation of (A).

Ans: D

P II JULY 2018
69. Give the correct answer by using the code given below :
(a) The workman has a right to approach the Labour court directly without waiting
for
the conciliation proceedings and government reference.
(b) The appropriate government in respect of Corporations and Public Sector
undertakings
owned or controlled by the central government will be the central government.
(c) Every industry employing 20 or more workmen is under legal obligation to
Constitute
and have a Grievances Redressal Committee.
(d) The award passed by the Labour Court can be transmitted to a Civil Court for the
effective enforcement of the award.
Code :
(1) Only (a) and (b) are correct.
(2) Only (c) and (d) are correct.
(3) Only (a), (b) and (c) are correct.
(4) (a), (b), (c) and (d) all are correct.
70. Read Assertion (A) and Reason (R) and give the correct answer with the help of
codes
given below :
Assertion (A) : The strike or lockout as the weapon has to be used sparingly for
redressal of
urgent and pressing grievances when no means are available or when
available means have failed to resolve it.
Reason (R) : The employment that workmen get and the profit the employer earns
are
both generated by utilisation of the resources of the society in one form or
other and they are to act as Trustees of the said resources.
Code :
(1) (A) and (R) are true, and (R) is the correct explanation of (A).
(2) (A) and (R) are true, but (R) is not the correct explanation of (A).
(3) (A) is false, but (R) is true.
(4) (A) is true, but (R) is false.
71. Match List-I with List-II and select the correct answer by using the code given
below :
List - I List-II
(a) A strike could be legal or illegal and (i) Award
illegal strike could be justified one
(b) Right of the Workmen to approach the (ii) Bharat Singh Vs Management of
Labour Court directly within a period of New Delhi Tuberculosis Centre
three years
(c) Right of the workmen to payment of full (iii) Justice V.R. Krishna Iyer
wages pending proceedings in the
High Courts
(d) An interim or a final determination of any (iv) Section 2-A(2) Industrial Dispute
Industrial Dispute (Amendment) Act 2010
Code :
(a) (b) (c) (d)
(1) (iii) (iv) (ii) (i)
(2) (i) (ii) (iii) (iv)
(3) (ii) (iii) (iv) (i)
(4) (iv) (ii) (i) (iii)
72. “Although the Judicial interpretation given to the expression “Industry” by
Supreme Court
in Bangalore Water Supply Case was intended to settle the test to determine its
scope, judicial
trends point out that it has done more damage than good, not merely to organisations
but
also to employees by curtailment of employment opportunities”. The above trend is
reflected
through one of the following case :
(1) Corporation of city of Nagpur Vs Employees
(2) State of Bombay Vs Hospital Mazdoor Sabha
(3) Coir Board, Ernakulam, Cochin and another Vs Indira Devi P.S. and other
(4) Madras Gymkhana Club Employees Union Vs Gymkhana Club
73. Answer the following using the code given below :
The condition precedent to the order of Reference under section 10(1) of the
Industrial Disputes
Act is the satisfactions of the appropriate government to the following :
(a) Existence of Industrial Dispute
(b) Apprehension of Industrial Dispute
Code :
(1) Both (a) and (b) are correct.
(2) (a) alone is correct.
(3) (b) alone is correct.
(4) Both (a) and (b) are wrong.
74. Read Assertion (A) and Reason (R) and give the correct answer with the help of
code given
below :
Assertion (A) : (a) The unrecognised union has right to meet and discuss with the
employer the grievances of Individual workman with the employer
and
(b) to appeal and participate in a Domestic Departmental Enquiry in
which its member is involved.
Reason (R) : This is a statutory recognition of a unrecognised Union.
Code :
(1) (A) and (R) are true and (R) is the correct explanation of (A).
(2) (A) and (R) are true, but (R) is not the correct explanation of (A).
(3) (A) is false, but (R) is True.
75. Answer the following using the code given below :
The following are the pre-condition for acquiring Jurisdiction by the National
Tribunal Under
the Industrial Disputes Act :
(a) Industrial Dispute must involve question of National importance in the opinion
of the
Central Government
OR
(b) Industrial Dispute must involve question of State importance in the opinion of
the
State Government
OR
(c) Industrial Disputes must be of such a nature that Industries situated in more than
one
State and are likely to be interested in or affected by such disputes
OR
(d) Industrial Disputes must be of such a nature that Industries situated in more than
five
States and are likely to be interested in or affected by such disputes.
Code :
(1) (a) and (d) are correct.
(2) (a) and (c) are correct.
(3) (b) and (d) are correct.
(4) (d) alone is correct.
P II NOV 17
1. Read Assertion (A) and Reason (R) and answer using the code given below :
Assertion (A) : There is a more continuous and systematic surveillance over
industrial disputes on the part of the government by resorting to compulsory
adjudications as the tradition of free collective bargaining has always been weak in
India .
Reason (R) : With respect to the merits and demerits of collective bargaining Vis-a-
Vis compulsory adjudications there is a serious conflict and over lapping of views .
– Both (A) and (R) are true and (R) is the correct explanation of (A).
– Both (A) and (R) are true and (R) is not the correct explanation of (A).
– (A) is true but (R) is false.
– (A) is false but (R) is true.

2. Match List-I with List-II and select the correct answer using the code given below
the list :

List-I
(a) Food corporation of India staff union v. Food corporation of India and others
(b) Virudhachalam v. Management of Lotus Mills union
(c) B. Srinivasa Reddy v. Karnataka water Supply and Drainage Board Employees
Association
(d) Coir Board, Ernakulam, Cochin and another v. Indira Devi P.S. and others

List-II
(i) Settlements are the “live wires” of the Act for ensuring industrial peace and
prosperity.
(ii) An unregistered trade union or trade whose registration has been cancelled has
no right.
(iii) Reflection of recent judicial trends on the interpretation of definition of industry.
(iv) Norms and procedure to be followed for assessing the representative character
of Trade Union by a secret ballot system.

Choose the answer corresponding to the order (a) (b) (c) (d)
– (iv) (i) (ii) (iii)
– (i) (ii) (iii) (iv)
– (iii) (ii) (i) (iv)
– (ii) (i) (iv) (iii)
3. Which one of the following is wrong ?
– The right to strike or declare lock-out may be controlled or restricted by
appropriate industrial legislation.
– The conciliation officers under the industrial disputes Act are charged with the
duty of adjudication of disputes.
– An interim award is like a preliminary decree within the meaning of Section 2(2)
of Code of Civil Procedure.
– The Works Committee is not authorised to consider real or substantial changes in
the conditions of service.

4. The Fifth Schedule, under the Industrial Disputes Act contains several unfair
labour practices. In which of the conditions of category I, it is required to establish
that Employer Sponsored Trade Union of workmen is said to be Unfair Labour
Practice ?
(LawMint note : This is an actual exam question. Phrasing of question is quite
vague.)
– Employees or their Trade Union
– Employee only
– Employers or their Trade Union
– Employer and Employee Collectively

5. When a party to dispute under the Industrial Disputes Act is prevented from
appearing at the hearing, due to sufficient cause and is faced with exparte award, the
Industrial Tribunal has :
– no power to set aside the exparte award.
– only duty to set aside the exparte award.
– both power and duty to set aside the exparte award which is based on the rule of
statutory construction.
– express provision in the Act or rules giving the tribunal the jurisdiction to set aside
the award.
6. The concept of compulsory adjudication of industrial disputes was statutorily
ushered with a view to providing a forum and compelling the parties to resort to the
forum for arbitration, so as to avoid confrontation and dislocation in industry.
The above observation was made by one of the justice in a case decided by the
Supreme Court :
– Justice V.R. Krishna Iyer
– Justice O. Chinnappa Reddy
– Justice Desai
– Justice Gajendragadkar
P II JANUARY 17

Q. Read Assertion (A) and Reason (R) and answer using codes given below :
Assertion (A) : Multiple Trade Unions in industries and the consequential necessity
for selecting one as the recognised union by the management devising a method on
democratic principles is necessary.
Reason (R) : The Union which represents the largest number of workmen working
in the undertaking must acquire the status as that would be in tune with the concept
of Industrial democracy.
– (A) and (R) are correct and (R) is the correct explanation of (A).
– (A) and (R) are correct and (R) is not the correct explanation of (A).
– (A) is correct, but (R) is wrong.
– (A) is wrong, but (R) is right.

Q. The working class unfamiliar with the sophistications of definitions and shower
of decisions, unable to secure expert legal opinion, what with poverty pricing them
out of justice market and denying them the staying power to withstand the multi-
decked litigative process, defacto is denied social justice if legal drafting is
vagarious, definitions indefinite and court rulings contradictory.
The above remarks were made in support of an expensive definition of “Industry”
by one of the following justice :
– Justice O. Chinnappa Reddy
– Justice V.R. Krishna Iyer
– Justice Gajendragadkar
– S.P. Bharucha

Q. Which one of the following is incorrect ?

– Workman whose name is borne on the muster rolls of an industrial establishment
and who has completed one year of continuous service under an employer is laid off,
whether continuously or intermittently shall be paid by the employer for all days
during which he is so laid off except for such weekly holidays.
– Termination on the ground of misconduct or continued ill health of a workman is
not a retrenchment.
– Lock-out means the permanent closing of a place of employment, or the total
suspension or the refusal by an employer to continue to employ any number of
persons employed.
– The right to close down the business, trade or undertaking is subject to payment of
compensation to the workers engaged in the business immediately before the
closure.

Q. Match List – I with List – II and select the correct answer using the codes given
below :

List – I
a. Kalinga Tubes Ltd. v. Their workmen
b. Bank of India v. T.S. Kelawala and others
c. Bombay Union of Journalist v. State of Bombay
d. Coir Board v. Indira Devi P.S. and others
List – II
i. Deduction of wages for the period of strike
ii. Closure has to be genuine and bonafide
iii. Definition of Industry
iv. Condition precedent to retrenchment of workman

Choose the answer corresponding to the order (a) (b) (c) (d)
– iii ii i iv
– ii i iv iii
– i ii iv iii
– iv ii iii ii

Q. Reference of an Industrial Dispute, the subject matter of which is covered by a

settlement as defined in Section 2(P) of the Act would be :
– valid during the operation of such settlement
– invalid during the operation of such settlement
– valid and subject to the importance of Industrial Dispute
– voidable at the option of the parties to the dispute during the operation of such
settlement

Q. Read Assertion (A) and Reason (R) and answer using codes given below :
Assertion (A) : The retention of Industrial Adjudication is necessary till all Trade
Unions attain sufficient strength to bargain with employers, from a position of
equality.
Reason (R) : Collective Bargaining presently provides only lip services, whereas in
practice it has perpetuated Adjudication.
– (A) and (R) are correct and (R) is the correct explanation of (A).
– (A) and (R) are correct, but (R) is not the correct explanation of (A).
– (A) is correct, but (R) is wrong.
– (A) is wrong, but (R) is right.
P II JULY 16.
35. Read Assertion (A) and Reason (R) and answer using the codes given below
:
Assertion (A) : In an illegal termination of workman the reinstatement of workman
in service does not appear to be an acceptable option in all cases. The monetary
compensation may sufficiently meet the ends of justice.
Reason (R) : The compensation in lieu of reinstatement is the normal
rule.
Codes :
(1) Both (A) and (R) are true and (R) is the correct explanation of (A).
(2) (A) and (R) are true, but (R) is not the correct explanation of (A).
(3) (A) is true but (R) is false. (A) is false but (R) is true.

An arbitration award is binding on

(1) All parties to the dispute.
(2) All the workmen employed on the date of dispute and subsequent to the
dispute.
(3) The parties to the arbitration agreement.
(4) All parties summoned to appear as parties to the dispute.

41. The Supreme Court referred the ILO instruments to reiterate the workers
participation in the industrial process as enshrined in the constitution and other
labour legislations in one of the following case :
(1) Chandra Bhavan Boarding & Lodging, Bangalore Vs State of Mysore
(2) Monogram Mills Ltd. Vs State of Gujarat
(3) University of Delhi Vs Ramnath
(4) K.V.S. Ravi Vs Bangalore Metropolitan Transport Corporation

42. Where an undertaking is closed for any reason whatsoever, every workman is
entitled to compensation if such workman has been in the continuous service
(1) for not less than 90 days
(2) for not less than 6 months
(3) for not less than one year
(4) for not less than two years

43. “A strike could be legal or illegal and an illegal strike could be a justified one”
was opined by Justice V.R. Krishna Iyer in one of the following case.
(1) Bharat Kumar K. Palicha Vs State of Kerala
(2) Gujarat Steel Tubes Vs Its Majdoor Sabha
(3) Monogram Mills Ltd. Vs State of Gujarat
(4) University of Delhi Vs Ramnath

44. A Seven Judges Bench of the Supreme Court exhaustively considered the
scope of the definition ‘Industry’ and laid down the ‘Triple test’ in one of the
following case :
(1) State of Bombay Vs Hospital Mazdoor Sabha
(2) University of Delhi Vs Ramnath
(3) Management of Safdurjung Hospital, Delhi Vs Kuldip Singh
(4) Bangalore Water Supply Vs A. Rayappa
P II 15
P II DEC14
42. Who among the following moved a resolution in the Central Legislative
Assembly recommending that the Government should introduce a legislation for
registration and protection of Trade Union in the year 1921 ?
(A) B.P. Wadia (B) M.N. Joshi
(C) N.M. Lokhanddey (D) V.V. Giri

43. “Works Committee under the Industrial Disputes Act should be substituted by
an ‘Industrial Relations Committee’ to promote in-house dispute settlement.” This
recommendation was made by
(A) Royal Commission on Labour
(B) National Commission on Labour 1969
(C) National Commission on Labour 2002
(D) National Commission for enterprises in the Unorganised Sector

47. Who is a protected workman under the Industrial Disputes Act ? Answer from
the codes given below :
1. A workman who is a member of a registered Trade Union.
2. Recognised by the Registrar of the Trade Union as protected workman.
3. A workman who is a member of the Executive or other office bearer of a
registered Trade Union connected with the establishment.
4. Recognised as protected workman under the rules applicable to the
establishment.
Codes :
(A) 1 and 2 (B) 2 and 4
(C) 3 and 4 (D) 1 and 3

48. Failure of the conciliation proceedings under the Industrial Disputes Act leads
to refer the matter to adjudication by
(A) the conciliation officer
(B) both employer and employee
(C) the employer
(D) the appropriate government

49. The power of the Government to refer a Dispute under the Industrial Disputes
Act is
(A) Mandatory
(B) Discretionary
(C) Recommendatory
(D) Either mandatory or discretionary

50. Read the Assertion (A) and Reason (R). Write the correct answer using the
codes given below :
Assertion (A) : The conciliation officer has no power under the Industrial Disputes
Act when neither industrial disputes exists or apprehended.
Reason (R) : Conciliation officer only investigates the Industrial disputes
which exists or apprehended.
Codes :
(A) Both (A) and (R) are wrong.
(B) Both (A) and (R) are correct.
(C) (A) is correct and(R) is wrong.
(D) (A) is wrong and(R) is correct.