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NIR/KW/18/7481
Seventh Semester B.A. LL.B. Five Years Course (C.B.S.) Examination
LABOUR LAW
Compulsory Paper—1
Time : Three Hours] [Maximum Marks : 80
N.B. :— (1) All Sections are compulsory.
(2) Section 'A' carries 10 marks. Section 'B' carries 30 marks and Section 'C' carries 40 marks.
(3) Follow the instructions given in each Section.
SECTION–A
(Multiple Choice Questions)
Note :— The Section consists of one question having sub-questions carrying 1 mark each.
1. Choose the correct alternative (any ten) :
(i) Right to form an association and participation of workers in management are fundamental rights
and directive principle enshrined in the Constitution of India. Which of the following are these ?
(a) Article 19(1)(c) and Article 43(A)
(b) Article 19(1)(a) and Article 43
(c) Article 21 and Article 48
(d) None of the above
(ii) In case of retrenchment, a worker is entitled to _____ month's notice or pay in lieu of that notice.
(a) One (b) Four
(c) Six (d) Nine
(iii) The minimum requirement about membership of a trade union shall at all times be not less than
_____ or _____ of workmen engaged or employed in an establishment.
(a) 20% or 200 (b) 5% or 100
(c) 10% or 100 (d) None of the above
(iv) In case of a dispute regarding the suspense allowance to whom does the employer or the
workmen refer ?
(a) Courts of Enquiry (b) Arbitrator
(c) Conciliation (d) Labour Court
(v) Chapter 5A of the Industrial Disputes Act, 1947 is applicable to an industrial establishment where
there are at least :
(a) more than 50 but less than 100 workmen
(b) more than 100 but less than 200 workmen
(c) less than 50
(d) None of the above
(vi) Which Act requires employers in industrial establishments to define the conditions of employment ?
(a) The Factories Act, 1948
(b) The Industrial Disputes Act, 1947
(c) The Industrial Employment (Standing Orders) Act, 1946
(d) The Trade Union Act, 1926
(vii) Arrange the following steps of disciplinary procedure in the order in which they are used :
(a) Dismissal and discharge
(b) Show cause notice
(c) Domestic enquiry
(d) Serving of charge sheet
(e) Submission of report
Codes :–
(a) b, d, c, e, a (b) b, e, c, d, a
(c) c, d, b, e, a (d) d, b, c, e, a
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(viii) The Industrial Employment (Standing Orders) Act, 1946, extends to :
(a) Only Jammu & Kashmir (b) Whole of India except Jammu & Kashmir
(c) Whole of India (d) None of the above
(ix) Which of the following authorities require reference u/s 10 of the Industrial Disputes Act, 1947 ?
(a) Conciliation Officer
(b) Board of Conciliation
(c) Courts of Enquiry
(d) Arbitration
Codes :–
(a) a, b, c, d (b) Only b and c
(c) Only a and d (d) None of the above
(x) Who coined the word collective bargaining ?
(a) Sydney and Beatrice (b) V. V. Giri
(c) Salmond (d) Austin

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(xi) The Fourth Schedule of the Industrial Disputes Act, 1947 which is about unfair labour practices

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was inserted in which year ?

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(a) 1982 (b) 1986

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(c) 2010 (d) 1947

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(xii) The objections, which the workmen may desire to make to the draft standing orders to be

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submitted to the certifying officer within _____ days from the receipt of draft standing orders

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from the certifying officer.
(a) 12 days (b) 30 daysww
(c) 9 days (d) 15 days
(xiii) Which of the following Acts do not apply to a registered trade union ?
(a) The Co-operative Societies Act, 1912
(b) The Societies Registration Act, 1860
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(c) The Companies Act, 1956

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(d) All of the above

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(xiv) Works Committee is constituted in case of an industrial establishment where there are at least
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_____ or more workmen.

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(a) 200 (b) 100

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(c) 50 (d) 250

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(xv) What is the rate of wage (in percentage) that an employee gets during the subsistence period in
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case of delay in the completion of disciplinary proceedings ?

(a) 50% (b) 75%
(c) 25% (d) 80% 1×10=10
SECTION–B
(Short Answer Questions)
Note :— Both the questions in this Section are compulsory.
2. Answer the following (any three) :
(a) Explain in brief the history of the Trade Union Movement in India.
(b) What does the term strike mean ? Which principle has been laid down in the landmark case of
Bank of India v/s T. S. Kelawala 1990 II LLJ 39 SC ?
(c) What is procedure of registration of a Trade Union ? What are its merits ?
(d) What is the importance of Standing Orders in the organised sector ? 5×3=15

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3. Write short notes on (any three) :
(a) Workman under the Industrial Disputes Act, 1947.
(b) Difference between Model Standing Orders and Certified Standing Orders.
(c) Role of the Enquiry Officer in a disciplinary proceeding.
(d) Political Fund and General Fund under the Trade Unions Act, 1926. 5×3=15
SECTION–C
(Long Answer Questions)
Note :— Answer any five questions. Each question carries 8 marks.
4. "It is the right of an employer to organize his business".
Parry & Co. v/s P.C. Pal AIR 1970 1334. Explain in detail Retrenchment under the Industrial Disputes
Act, 1947.
5. Explain the term Collective Bargaining. Explain its merits and demerits.
6. In the light of, "Bangalore Water Supply vs. R. Rajappa and others", explain how the term industry
has been given the widest interpretation; through various judicial pronouncements.
7. Enlist the constitutional provisions in relation to the labour welfare mechanism and development of
Industrial Relations.
8. Write notes on :
(a) Closure
(b) Dissolution of a Trade Union.
9. "A Government which has once declined to make a reference is competent to make a fresh reference,
its power to do so is not exhausted by the first refusal."
Explain the role of the Appropriate Government to refer an industrial dispute u/s 10 of the
Industrial Disputes Act, 1947.
10. What is a Trade Union ? Explain the rights and immunities available to a registered trade union under
the Trade Union Act, 1926. What is the position of an unregistered trade union ? Explain.
11. Explain in detail the procedure of conducting a disciplinary proceeding. 8×5=40

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