Labour Law Questions

10 Markers

1. What is Trade Unionism? Explain the growth of Trade Unionism.

2. Explain the immunities of registered trade unions.
3. Discuss the procedure for registration of a Trade Union. When can it be cancelled?
4. Explain Collective Bargaining and the types, and methods of collective bargaining.
How are the settlements done?
5. Discuss the provisions of the Trade Union Act, 1926 relating to the registration and
cancellation of Trade Union
6. Explain the provisions relating to the registration of a Trade Union
7. Discuss the provisions of the Trade Unions Act, 1926 relating to the cancellation of
trade unions

8. Define strike and lockout. Explain with reference to decided cases.

9. what is retrenchment? Explain the provisions relating to the regulation of
retrenchment.
10. Define lay-off. When the lay-off shall be treated as valid? What are its effects?
11. What is retrenchment? Discuss the provisions as to retrenchment.
12. State the objectives of the Industrial Employment Standing Orders Act, 1946. Explain
the provisions of modification of standing orders
13. Define Strike. Explain provisions relating to the prohibition of strike
14. Explain lay-off and its provisions relating to a lay-off with decided cases.

15. Discuss the definition of the industry along with help of decided cases
16. Define "Award". Explain the Law relating to the commencement and enforceability of
an award
17. Discuss the authorities under the Industrial Dispute Act, 1947.
18. Explain the provisions relating to regulations of strikes under the lndustrial Disputes
Act with the help of decided cases.
19. Explain the term "industry" under the lndustrial Dispute Act.
20. What is the industry? Explain with reference to decided cases
21. Explain the law relating to voluntary arbitration under the industrial DisPute Act,
1947.

22. Discuss the procedure for claiming compensation under Employees Compensation
Act.
23. Explain the powers and procedure of commissioners under the Employees'
Compensation Act, 1923.
24. Mention the various purposes on which the Employees State insurance Funds may
be spent.
25. Explain the employer's liability under the Employees' Compensation Act, 1923 for
personal injuries.
 26. Explain various benefits available under the Employees State Insurance Act, 1948.
27. Explain the conditions for availing of the benefits under the Employees' State
insurance Act, 1948
28. Discuss the constitution, power and Functions of employee insurance Courts under
ESI Act, 1948
29. Examine the different kinds of benefits available under the Employees State
Insurance Act, 1948

30. Discuss the provisions relating to welfare measures under the Factory Act, 1948.
31. Define wages and explain the objectives of the Payment of Wages Act, 1936.
32. Explain the deductions which may be made from wages under the Payment of
Wages Act, 1936
33. What are the permissible deductions from payment of wages Explain?
34. Discuss the provisions under Factories Act, 1948 regarding working hours and
annual leave with wage
35. Explain briefly permissible deductions under Payment of WagesAct,1936
36. Discuss the provisions relating to welfare measures under Factories Act, 1948
37. Explain the provisions of the Factories Act relating to the health and safety of workers
in a factory.

6 Markers'

1. Illegal deductions X2
2. Write short notes on safety measures X2
3. write a short note on the Payment of wages Authority.
4. Write a short note on the salient features of the Employees Compensation Act,
1923.
5. Procedure for claiming compensation under Employees Compensation Act, 1928
6. Weekly leave and annual leave facilities
7.

8. Distinguish workman from independent contractor

9. Write a short note on Trade Union Fund
10. Problems of collective bargaining in India.
11. A Trade Union decided to change its name and wants to amalgamate with another
Trade Union. Is it possible? Advise
12. Growth of Trade Unionism in India and the UK.
13. Trade Unions and relevant constitutional provisions.
14. Definition of a trade union.
15. Withdrawal and cancellation of registration of trade union.

16. Manufacturing process.

17. Award and settlement. X2
18. Government’s power of reference u/s 10.
19. Notice of change u/s
20. Lay-off. X2
 21. Powers and functions of a conciliation board under the Industrial Dispute Act, 1947
22. Partial disablement and total disablement.
23. ESI Courts.

24. Write short notes on individual Disputes vs industrial Disputes

25. Medical Benefit council role under Employees state insurance Act.
26. Write short notes on illegal Lockout.
27. Write a short note on Appropriate Government.
28. Write a short note on the closure of the industry.

Problems

1. R. M. T. co. workmen after reporting to duties without the permission of employer

leave the place of working to attend the funeral ceremony Ex-employee. The
employer treats this act of workmen as an illegal strike. Decide

2. In an industry, there was continuous unrest at work leading to strikes and lockouts.
The employer closed down the industry. Does this amount to closure. Decide with
reasons

3. In view of disputes relating to wage revision between employer and employees, the
employer and workmen decided to refer the matter to arbitration. The arbitration
process concluded and it submitted its report to the appropriate government. The
appropriate government published the award on 1st January 2018. On 26th January,
the employees in view of not being satisfied with the award decided to go on strike. Is
it valid? Give reasons

4. Devayya, a worker was working in Ramdev industries. On 14th September 2009 in

view of some quarrel! with Vishnu, a fellow-workmen, Devayya was pushed off the
stairs and got seriously injured. Discuss the rights of Devayya to compensation under
the Employees' Compensation Act, 1923.

5. The employer in view of the pressure of work decided to call a certain Sunday a
working day. The workmen agreed to work. The employer instead of declaring any
other day as a compensatory holiday decided to pay extra wages for the Sunday
work. Decide its validity
6. The workers of a registered trade union declared an illegal strike Due to the illegal
strike employer sustained the loss. The employer filed a suit against the trade union
for the recovery of compensation. Will he succeed?- Rohtas Industries Staff Union v.
the State of Bihar
7. Membership of a registered Trade Union has been denied to workmen; a workman
on the ground that has not contributed to the political fund of the Trade Union. he
wants to challenge the legality of the denial. Will he succeed? Section 16
8. a member of a registered Trade Union refused to contribute to the political fund of a
trade union. He was expected from the trade union for the same. challenges the
expulsion orders. Decide. – Section 16
9. Employees of Raj Bhavan apply for registration of the Trade union. Registration of
Trade union refuses of the register; Decide. Tamil Nadu NGO’s Union v. The
Registrar of Trade Unions
10. A Trade Union member who was poor but very popular and who has not contributed
to the political fund requests help from the general fund for his election; Trade Union
refuses to help from the general fund for his election. Decide – Section 16
11. The registrar of the Trade Union withdraws a certificate on the ground that it was
obtained by fraud, and the trade union challenged the order of the registrar. Advice.
Section 10
12. An employer dismissed the service of a workman for misconduct. Dismissed
workman raised a dispute under l.D Act, 1947. Whether the dispute raised by the
workman an industrial dispute? Discuss Ans- YES. It's an industrial dispute as per
SECTION 2A Jadhav J.H. v. Forbes Global Ltd.

13. Municipality appointed "A" as a workman to repair clocks of the municipality, while
repairing the clock "A" died due to lightning shock. whether the municipality is liable
to pay compensation? Ans- YES Municipality is liable. Because its an industry as per
D.N. Banerjee v. P.R. Mukherjee Permanand v. Nagar Palika Dehradun

14. Employees of Raj Bhavan applied for registration of the Trade union. Registrar of
Trade unions refuses to register. Decide. Refusal is right because they are
performing sovereign functions not any trade or business. Tamil Nadu NGO union v.
Registrar of Trade Union

15. 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 on the following day in the hospital. Now the mother of the boy claims
compensation. Decide by giving reasons
YES, the Employer is liable to pay compensation under Section 3 of The Employees
Compensation Act.
National Iron and Steel Company Ltd. Manorama

16. 37 women are employed in Seema industries near Narasapur. Since only 4 women
workers were having children below the age of 6 years, the Manager of the industry
refuses to provide creches for the children. Is refusal correct? Quote the relevant
provision, 35 women are employed in Mythili industries. Since only two women
workers were having children below 5 yrs of age, the manager of the industry refuses
to provide a creche for the children. Is refusal correct? YES. Refusal is correct as
per Section 48 of the Factories Act.

17. The workers of a registered trade union declared an illegal strike. Due to illegal
strikes, employers sustained the loss. The employer filed a suit against the trade
union for the recovery of compensation. Will he succeed? Decide. NO. The employer
 won't succeed as per Rohtas Industries Staff Union v. the State of Bihar. Section 18
of the Trade Unions Act

18. Karthik, a workman who is laid off by his employer at Tumkur, refuses to accept
alternative employment in another establishment belonging to the same employer
situated in Mysore. Karthik wants to claim layoff compensation. Decide.
YES. Kartik can claim lay-off compensation because alternative employment is not
within 5 miles. Refer Section 25-E(1)(a)

19. An ex-prisoner brought an action against 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? No. The prisoner is not an employee as per
Section 2(1)((dd) of The Employees Compensation Act.

20. In view of disputes relating to wage revision between employer and employees, the
employer and workmen decided to refer the matter to arbitration. The arbitration
process concluded and it submitted its report to the appropriate government. The
appropriate government published the award on 15th January 2018. On 26th
January, the employees in view of not being satisfied with the award decided to go on
strike. Is it valid? Give reasons, NO They cant go on a strike as per Section 23 of I.D
Act 1947

21. Devayya, a worker, was working in the Ramdev industries. On 14th September 2009
in view of some quarrel with Vishnu, a fellow workman, Devayya was pushed off the
stairs and got seriously injured. Discuss the rights of Devayya to compensation under
the Employees' Compensation Act, 1923. Yes, Liable. During the course of
employment Section 3

22. The employer in view of the pressure of work decided to call a certain Sunday a
working day. The workmen agreed to work. The employer instead of declaring any
other day as a compensatory holiday decided to pay extra wages for the Sunday
work. Decide its validity No. Section 52 and 53 of the Factories Act

23. Suman, a worker working in Ramu industries in Bangalore is laid off by his employer.
The employer-provided an alternative employment in another establishment
belonging to the Ramu industries owner situated in Hubli. But Suman refuses to
accept alternative employment and wants to claim to lay off compensation. Whether
he will succeed? YES. Suman can claim lay-off compensation because alternative
employment is not within 5 miles. Refer Section 25-E(1)(a)

24. The Bombay Municipal corporation carried on a public utility service in Greater
Bombay and for the purpose employed certain drivers to drive the 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 about 7.45 p.m.
at Jogeshwari Bus Depot. in order to reach his residence at Santa Cruz, he boarded
another bridge which collided with a stationary lorry parked at an awkward angle on
the road near Erla Bridge, Andheri. consequently, he was thrown out on the road and
injured. He was sent to the hospital for treatment but unfortunately expired on 26th
 July 2005. The compensation was claimed by his widowed wife pleading that the
accident has arisen out of and in the course of employment. Decide' Doctrine of
notional Extension Section 3 of Employees Compensation Act.

25. Ramu, a workman while performing the duty of the employer died due to an accident.
lt was proved that at the time of the accident Ramu was under the influence of
intoxication whether the employer is liable to pay compensation? The employer is not
liable under section 3(1)(b) of the Employees Compensation Act.

26. The employer dismissed the service of temporary workman "A". "A" raised a dispute
under the lndustrial Disputes Act 1947. " Employer argued that "A" was not a
workman. Decide. NO. temporary workman is not a workman as per Section 2(s) of
the lndustrial Disputes Act 1947

27. Membership in a registered Trade Union has been denied to "A" a workman on the
ground that "A" has not contributed to the political fund of the Trade Union. "A" wants
to challenge the legality of the denial. Will he succeed? YES. He will succeed. Trade
Unions cannot compel the members to contribute to the political fund as per Section
16 of the Trade Unions Act.

28. "A" a workman died due to an accident while performing the duty of an employer.
Subsequently, it had been proved that at the time of the accident the workman was
under the influence of intoxication. Whether the employer liable to pay
compensation? The employer is not liable under section 3(1)(b) of the Employees
Compensation Act.

29. ln Ratan Steel industrial Unit all the 15 employees for the purpose of pressing their
demands for additional allowance do not take the free food served in the canteen and
decided to fast unto death without abstaining from work. Is their act unlawful? Decide
NO. Lawful. The hunger strike is allowed as per Piparaich Sugar Mills Ltd. Their
Workmen.
30. workers and management of Ravi Enterprises could not arrive at a settlement
regarding their bonus issue for the year 2012-13' They prefer to go to Labour Court in
order to solve their differences of opinion. Are they justified in their dispute? Decide.
NO. Bonus is not a part of wages as per Section 2(rr) of I.D. Act.

31. Jayaram, an employee in Jaideep Industries died in a fatal fire accident. The
employer, through their manager, paid the widow of Jayaram a compensation of Rs 1
lakh directly. Is it a valid payment? Decide NO. It's not a valid payment as per Section
8 of The Employees Compensation Act. Payment should g through the commissioner
of Employees Compensation.

32. A Chartered Accountants firm employs 70. The employee raised a dispute
demanding a bonus. The appropriate government makes a reference to an industrial
tribunal. The employer submits that the reference is improper since he is not running
an industry. Decide Chartered Accountants is an Industry after A. Rajappa case as it
fulfils triple test.
33. The employer refused to give the benefit of certified standing orders to 'X' on the
grounds that 'X' was appointed after the certification of standing orders. work
challenges the decision. Advise Workmen is entitled to get the benefit of standing
order though it's made before his recruitment. Section 5, 7 and 9 of the Industrial
Employment (Standing Orders ) Act

34. A was employed for 15 days as a sweeper in a factory. One day when he was on
duty injured by a moving machine in a claim for compensation by' A Employer
defends that 'A' was not a workman. Decide. A is a worker as per Section 2(l) of
Factories Act and Safety rules.

35. Workmen immediately after reporting to duties against the will of the employer leave
the place of employment to attend the funeral ceremony of a former employee.
Employer treats the act of the workmen as an illegal strike, Decide. No. Not Illegal
There is nobody of workmen. No strike as per Section 2(q) of ID ACT 25. A
workman while performing the duty of the employer died due to an accident. lt was
proved that at the time of the accident the workman was under the influence of
intoxication. whether the employer is liable to pay compensation? The employer is
not liable under section 3(1)(b) of the Employees Compensation Act.

36. In an industry, there was continuous unrest reading to strikes and lockouts. The
Employerclosed down the industry. Does this amount to closure? Give reasons. No.
Its Lockout 27. "Industry is an organised or occupied activity carried on with the
co-operation of employer and employee to meet its objective". Justify with the aid of
the Bangalore Water Supply v Rajappa case. Triple Test

37. A' was employed as Mason in a company and drawing wages of Rs. 2,540 per
month. His duties involved supervisory work of about 100 workmen. He also used to
decide who should do overtime work. Is 'A'a workman? Decide by giving reasons. He
is a workman as 2(s) of ID Act though he is a supervisor his salary is less.

38. On account of a strike by some workmen in one part of the establishment,

management refused to give work to the workmen in another part of the
establishment' The workmen claim lay-off compensation. Decide giving reason
whether they are entitled to compensation? Refer to Section 25-E of the ID Act

39. 'A' workman residing in a hut provided by the employer' The hut caught fire a night
and the workman sustained severe burns and his earning capacity was reduced. Can
he claim compensation from the employer? Give reason.
No. Employer not laible. Section 3 of the Employees Compensation Act. New India
Insurance Company Ltd. G. Krishna Rao and others

40. Whether Ind or Not - Simply apply the Triple Test as held in A Rajappa Case-
Thus, activities that have no commercial implications, such as hospitals carried on
with philanthropic motives would be covered by the expression ‘undertaking’. The
mere fact that Government runs such activity is immaterial. In case an activity is
industry if carried on by a private person, it would be so, even if carried on by the
 Government. YES-INDUSTRY State of Bombay v. Hospital Mazdoor Sabha (1960
SC) - 35
41. Lalit Hari Ayurvedic College of Pharmacy v. Workers’ Union (1960) - 35 Ayurvedic
Collee an Industry.
42. Legal Firm, Clubs, Educational Institutions, and Industry
43. Madras Gymkhana Club Employee’s Union v. Management (1968 SC)
44. Osmania University v. Industrial Tribunal (1960 LLJ-AP)-37

1. Municipality appointed "A" as a workman to repair clocks of the Municipality. while

repairing the clock, "A" died due to lightening shock. whether Municipality is liable to pay
compensation? Answer: Employer Liable Section 3, ‘during the course of employment’ and
State of Rajasthan v. Ram Prasad and others

2. "A" a workman died due to an accident while performing the duty of an employer.
Subsequently it had been proved that at the time of the accident the workman was under the
influence of intoxication. Whether employer is liable to pay compensation? Answer:
Employer NOT Liable- Section 3(1)(b)(i)

3. A was the employee in the Lory of B. His duties were to load the materials on the Lorry
and to go with same for unloading the materials at the work spot. while the Lorry was
moving, he attempted to hit rabbit passing on thread and, in the attempt, he fell down from
the lorry and died. His wife wants to claim compensation. Advise her. Answer: Employer
NOT Liable - Section 3, ‘not during the course of employment’ and Smt. Koduri v. P.
Atchamma

4. Jayaram, an employee in Jaideep industries died in a fatal fire accident. The employer,
paid his widow a compensation directly. ls it a valid payment? Decide Answer; Not a valid
payment – Section 8

5. 'A' workman residing in a hut provided by the employer' The Hut caught fire on a night and
the workman sustained severe Burn injuries consequent upon which his earning capacity
was reduced. can he claim compensation from the employer? Give reason. Answer:
Employer NOT Liable - Section 3, ‘not during the course of employment’ and New India
Insurance Company Ltd. v. G. Krishna Rao and others

6. A bomb was placed in the premises of a workshop by some strangers, exploded and
injured a workman' Is the employer liable to pay compensation? Decide. Answer: Employer
Liable- Section 3, ‘during the course of employment’ and Trustees Port of Bombay v.
Yamunabai

7. A boy is employed by the factory in a tea shop 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 on the
following day in the hospital. Now the mother of the boy claims compensation. Decide giving
reasons. Answer: Employer Liable- Section 3, ‘during the course of employment’ and
National Iron and Steel Co. Ltd v. Manorama

8. 'A' is employed as a driver in KSRTC, while driving he met with an accident and he lost
vision of the left eye. is he entitle to claim compensation? Decide with reason. Answer:
Employer Liable- Section 3 ‘during the course of employment’, partial disablement Section
2(1)(g), Schedule I and Part II Ball v. William Hunt General Manager G.R.P Railway,
Bombay v. Shankar

9. An ex-prisoner brought an action against 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? Answer: NO Compensation because he is not an employee as per
Section 2(1)(dd) and Schedule II…. So no occupational diseases as per Schedule III

10. The Bombay Municipal Corporation carried on a public utility service in Greater Bombay
and for the purpose employed certain drivers to drive the 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 about 7.45 p.m. at Jogeshwari Bus Depot. In order to
reach his residence at Santa Cruz he boarded - another bus which collided with a stationary
lorry parked at an awkward angle on the road near Erla Bridge, Andheri. consequently, he
was thrown out on the road and injured. He was sent to the hospital for treatment but
unfortunately expired on 26th July, 2005. The compensation was claimed by his widowed
wife pleading that the accident has arisen out of and in the course of employment. Decide.
Answer: Employer NOT Liable - Section 3, ‘not during the course of employment’ No
Notional Extension of employer’s premises Saurashtra Salt Manufacturing Co. v. Bai Valu
Raja General Manager B.E.S.T and Co. v. Mrs. Agnes