Vivekananda School of Law and

Legal Studies, Vivekananda

Institute of Professional Studies –
Technical Campus

PSDA MOOT ACTIVITY

LABOUR LAW-I
For 7th SEMESTER (AY 2023-2024)

1th DECEMBER 2023

Faculty Members:
Ms. Richa Srivastava(Convenor)
Dr. Kusum Lata
Dr. Payal Jain
Ms. Sonal Sahu
Ms. Tanvi Dahiya
 RULES

❖ Memorial: - It means the written arguments submitted, on behalf of Plaintiff and

Defendant, according to the official rules.

❖ Parties: - It refers to the parties to the matter as identified by the moot problem as Plaintiff
and Defendant.

❖ Team Code: - Team Code refers to the unique number allotted to each participating team
for the purpose of this activity

A. Team Composition

The team shall comprise four speakers. Only the students of B.A. LL.B and B.B.A.
LL.B from the 7th Semester are eligible to participate in the activity.

B. Rights over the memorials

The Organising Committee reserve the right to disseminate and reproduce the memorials
for the purpose of the activity. Submission of memorials in this activity will constitute
the consent of the teams to such dissemination and reproduction. The Organising
Committee will not be responsible for any mistakes that are a part of the memorial.

C. Attire
The dress code for the participants shall be an advocate’s attire. All the participants
MUST appear in a formal dress. Black Coat is Mandatory. Black tie is compulsory for
all those who are wearing white shirts and black trousers. Robes and collar bands are not
permitted.

D. Anonymity
The teams must not disclose their identity and names or any such information during
the oral rounds. The teams should not attempt to disclose such information to the
Judges, or any other person as decided by the Organising Committee, for the entire
duration of the activity. The violation of this rule will result in deduction of marks, as
determined by the faculty in charge of the activity.
 MEMORIAL RULES

A. Format

Each participating team is required to prepare a memorial for the party to the dispute
allotted to them with the following mandatory heads:

● Cover Page

● Table of Contents

● Index of Authorities

● Statement of Jurisdiction

● Statement of Facts (not exceeding 1 Pages)

● Issues Raised

● Summary of Arguments (not exceeding 2 Pages)

● Arguments Advanced (not exceeding 12 Pages)

● Final Submission/Prayer (not exceeding 1 Page)

B. Teams shall cite authorities using a Uniform Style of Citation.

C. The Cover Page of each memorial must contain only the following information:

● The Team Code in the upper right corner of each memorial

● The name of the activity

● The case title

● The party for which the memorial is prepared.

D. Memorial, once submitted, will be considered as final and cannot be revised. In the
scenario where any memorial is not submitted, marks will be deducted.

E. The teams have to submit one set of hard copy of the memorial to the judges.
F. All parts of the memorial (including headers, footers and headings) shall be typed on
A4-sized paper/format with the following Formatting Specifications:

● Font Type: Times New Roman

● Font Size: 12

● Line Spacing: 1.5

● Margins: 1 inch on each side

For footnotes, the Formatting Specifications are:

● Font Type: Times New Roman Font Size: 10

● Single Spacing between lines

● Margins: 1 inch on each side

G. The following colour schemes should be followed for the cover page of the memorial:

● Plaintiff - BLUE

● Defendant- RED

H. The memorials shall not contain any annexure, photograph, graph, diagram or any
other representation of nature.

I. Every Memorial will be marked on a total of 10 marks for the subject Labour Law I
(LLB401) [Memorial (5marks) + Moot (5marks)]:

Criteria Marks
Knowledge of Facts & Law 01
Extent & Use of Research 01
Drafting Skills 01
Coherency 01
Grammar and Style 01
Total 05
J. Not adhering to these rules will lead to reduction in the marks of the memorial
submission.

ORAL ROUNDS

A. General Rules

1. The oral round shall consist of 20 minutes. Plaintiff and Defendant shall be
allotted 09 minutes each.

2. Four speakers would represent the team. There will be four issues, and each
Speaker will address one issue only.

3. No Speaker shall plead for more than 3 minutes, including rebuttal or sur-rebuttal
in the Oral Round. Each Team may reserve up to 2 minutes for rebuttal or sur-
rebuttal.

4. Extension of Time at Judges' Discretion- Judges may, at their discretion, extend

the total time allocated to a Team in the oral arguments beyond the allotted time,
up to an additional five (5) minutes per Team. Speakers asked to further expand
upon arguments may, in this instance, appear for more than the allotted time for a
single speaker.

5. Order of Submission- The order of the oral submissions in each Round at all levels
of the activity shall be:

Plaintiff Speaker 1 >> Plaintiff Speaker 2 >> Plaintiff Speaker 3 >>Plaintiff

Speaker 4 >> Defendant Speaker 1 >> Defendant Speaker 2 >> Defendant
Speaker 3 >> Defendant Speaker 4>> Rebuttal >>Surrebuttal

B. Activity Communications

Oral communications during the Oral Round shall be strictly limited to those
mentioned above. Marks will be deducted if any Team engages in communications not
listed in this Rule.

1. Oral Courtroom Communication between Counsel and Judges - Each Speaker

designated to present oral pleadings may communicate with the judges, and the
 judges may communicate with that Speaker during the Speaker's allotted time
only.

2. Oral Courtroom Communication and Activity at Counsel Table- Every courtesy

shall be given to Speakers during oral argument. Communication at the counsel
table shall be in writing to prevent disruption. Teams shall avoid all unnecessary
noise, outbursts, or other inappropriate behaviour distracting from the argument.
Any Penalties imposed under this Rule shall be deducted from the Oral Scores of
all the Speakers of the offending Team.

3. Written Courtroom Communication- Written communication during the Oral

Round shall be limited to (a) written communication among a Teams members
seated at the counsel table and (b) a Team member at the counsel table handing a
document to a Speaker when that Speaker has been questioned about such
document during his or her argument or (c) a written note to assist the Speaker in
answering any question asked by the judges. No other written communication
may occur among the Speakers, Team members seated at the counsel table,
spectators or Team members not present at the counsel table. There is no
prohibition on the teams handing over supporting documentation to the judges.

EXEMPLARY POWER CLAUSE

In case of any dispute arising out in the interpretation of the rules, or otherwise, the decision of
the faculty in charge of the activity would be final and binding. The faculty in charge of the
activity will have the exclusive authority to interpret these rules.

Any clarifications regarding the competition can be sought from: Faculty of Labour Law I.
MOOT PROPOSITION ON LABOUR LAW I

Saurashtra Electronics Limited (SEL) is a Navratna PSU under the Ministry of

Defence, Government of India, which gives progressed items and frameworks to
military, government and regular citizen clients. SEL was originally established
to suit the specific electronic hardware requirements of the Indian Defence
Services. Still, it now has a significant presence in the non-military people market
as well. SEL is one of the top Electronic Manufacturing Companies in Delhi.

SEL was established in 1956 ushering in the heavy electrical equipment industry
in India. When it was set up in 1956, SEL was envisaged as a plain
manufacturing PSU, with technological help from the Soviet Union. In 1980's it
was cutting edge in thyristor technology. In 1991, SEL was converted into a
public company. Over time, it developed the capability to produce a variety of
electrical, electronic, and mechanical equipment for various sectors, including
transmission, transportation, oil and gas, and other allied industries. However, the
bulk of the company's revenue is still derived from the sale of power generation
equipment such as turbines and boilers. As of 2019, equipment supplied by SEL
constituted around 55% of the total installed power generation capacity in India.
The company also supplies electric locomotives to the Indian Railways and
defence equipment such as the Super Rapid Gun Mount (SRGM) naval guns
manufactured in partnership with the Ordnance Factory Board and simulators to
the Indian Armed Forces.
SEL is engaged in the design, engineering, manufacturing, construction, testing,
commissioning and servicing of a wide range of products, systems and services
for the core sectors of the economy, viz. power, transmission, industry,
transportation, renewable energy, oil & gas, and defence.
It has a network of 16 manufacturing units, two repair units, four regional offices,
eight service centres, eight overseas offices, 15 regional centres, seven joint
ventures, and infrastructure allowing it to execute more than 150 projects at sites
across India and abroad. The company has established the capability to deliver
20,000 MW p.a. of power equipment to address the growing demand for power
generation equipment.
SEL has retained its market leadership position during 2022–23 with 74% market
share in the Power Sector. An improved focus on project execution enabled SEL
record its highest ever commissioning/synchronization of 15059 MW of power
plants in domestic and international markets in 2021–22, marking a 59% increase
over 2022–23. With the all-time high commissioning of 15000 MW in a single
year FY2022-23, SEL has exceeded 170 GW installed base of power generating
equipments.
The company has grown significantly in turnover and is consistently giving
sufficient profits. SEL is focusing on solid development of 12-15% during 2022-
23. Radar and Missile Systems, Communication, Network-Centric Systems, and
other areas will continue to drive the company's growth in the years ahead.

Inspite of being one of the top industries in Delhi, the working condition of
contractual workers are not good. Therefore Saurashtra Electronics Limited
(SEL) Workers Union decided to amalgamate to have effective collective
bargaining as there were three Registered Trade Union and they all were
demanding 7th Pay Commission since long as it was not applicable to contractual
workers working in SEL which was comprising 40 percent of the SEL and
permanent job as around 30 percent of workers are working from the last 10 years
and still on contract. There were frequent strikes with respect to it. Now to have
effective collective bargaining with the management, all three registered trade
union have amalgamated to become a strong trade union with the name of
Bhartiya Mazdoor Sangh.

Bhartiya Mazdoor Sangh were in negotiations with the management for

implementation of 7th Pay Commission and to notify permanent positions for
several months. Despite several rounds of discussions, no agreement has been
reached. The industrial peace got disturbed that led to frequent strikes affecting
the production and target delivery of products causing financial losses for the
company. The Union after giving notice to management decided to go for 15 days
of BHOOK HARTAL.

The management of SEL claims that this strike is illegal under the Industrial
Disputes Act, 1947, as it has not followed the prescribed procedures for calling a
strike. The management has decided to deduct 15 days wages of workers who
resorted to hunger strike and initiated disciplinary proceedings against them.
Whereas few workers have been retrenched after the management found them
guilty.

Bhartiya Mazdoor Sangh on the other hand argues that they have a legitimate
demands and the strike is a last resort to press for their rights. They contend that
the strike is legal as per Industrial Disputes Act 1947. In the meanwhile due to
some dispute with the officer of SEL, one worker named Ramesh Kumar has been
suspended who was member of the Union.

In response to the above action, Bhartiya Mazdoor Sangh filed the case before
the Labour Court against the SEL. Whereas Court decided in favour of
Management along with compensation of 2 Lakhs rupees for the losses suffered
by management. Being dissatisfied by the decision of Labour Court, Bhartiya
Mazdoor Sangh filed a case before the Delhi HC.
The labour union contends that the retrenchment of these union leaders is a
violation of their rights under the Industrial Disputes Act of 1947.

Four Issues relating to the above case are:

1. Whether the hunger strike followed by damage of property is a legal strike as

per Industrial dispute Act?
2. Whether the civil and criminal immunity will be granted to the union in the
above case?
3. Whether the individual dispute of suspending Ramesh Kumar could be
converted into an industrial dispute?
4. Whether retrenchment of few workers who were member of Bhartiya Mazdoor
Sangh by the Management violates the provisions of Industrial Dispute Act,
1947?