LABOUR LAW Q&A~ by Aasim Maniyar (FYLLB 2023-24)

2 marks Q
Q1. What is the object of trade unions Act 1926
The object of the Trade Unions Act, 1926, is to provide for the registration and regulation of trade unions in
India.
Q2. How many members are required for making applications for registration of the trade union
A minimum of seven members is required to make an application for the registration of a trade union.
Q3. What is the triple test as laid down by Bangalore water supply Vs A. Rajappa
The triple test in Bangalore Water Supply vs. A. Rajappa includes:
1)Systematic Activity
2)Co-operation between the employer and employee
3)Activity concerned with the production of goods and services for the satisfaction of human wants.
Q4. Duties of settlement authorities under ID Act 1947
Duties of settlement authorities under the ID Act, 1947, include mediating and settling industrial disputes
through conciliation.
Q5. Define lockout
Lockout is the temporary closing of a workplace by an employer to prevent employees from working,
typically during a labour dispute.
Q6. Define appellate authority under I.E. (S.O) Act
The appellate authority under the Industrial Employment (Standing Orders) Act is the appellate authority
specified by the appropriate government by notification in the Official Gazette to exercise in such area as
may be specified in the notification.
Q7. Retrenchment under ID Act means?
Retrenchment under the ID Act refers to the termination of service by an employer for any reason other than
punishment due to misconduct.
Q8. What is industrial dispute under the ID Act
An industrial dispute under the ID Act includes disputes between employers and employees, or between
employers and workmen, or between workmen and workmen.
Q9. Standing order means?
Standing order means rules and regulations regarding employment conditions, as well as the conduct of
workers, that are formally adopted by an industrial establishment.
Q10. Any two powers of the certifying officer under IE (SO) Act
Two powers of the Certifying Officer under the Industrial Employment (Standing Orders) Act include
1) Approving or modifying draft standing orders and 2)certifying the final standing orders for an industrial
establishment.
5 marks Q
Q1. international labour organization
The International Labor Organization (ILO) is devoted to promoting social justice and internationally
recognized human and labour rights, pursuing its founding mission that labour peace is essential to
prosperity. Today, the ILO helps advance the creation of decent work and the economic and working
conditions that give working people and business people a stake in lasting peace, prosperity and progress.
The ILO was created in 1919, as part of the Treaty of Versailles that ended World War I, to reflect the belief
that universal and lasting peace can be accomplished only if it’s based on social justice. In 1946, the ILO
became a specialized agency of the United Nations.Its unique tripartite structure gives an equal voice to
workers, employers and governments providing a unique platform for promoting decent work for all women
and men.
The ILO has four strategic objectives
– Promote and realize standards and fundamental principles and rights at work
– Create greater opportunities for women and men to decent employment and income
– Enhance the coverage and effectiveness of social protection for all, and
– Strengthen tripartism and social dialogue
In support of its goals, the ILO offers expertise and knowledge about the world of work, acquired over more
than 90 years of responding to the needs of people everywhere for decent work, livelihoods and dignity. It
serves its tripartite constituents -and society as a whole- in a variety of ways, including:
– Formulation of international policies and programmes to promote basic human rights, improve working
and living conditions, and enhance employment opportunities
– Creation of international labour standards backed by a unique system to supervise their application
– An extensive programme of international technical cooperation formulated and implemented in an active
partnership with constituents, to help countries put these policies into practice in an effective manner
– Training, education and research activities to help advance all of these efforts

Q2. workman under the industrial dispute Act

Under the Industrial Disputes Act of 1947 in India, the term "workman" holds significant importance as it
forms the basis for the applicability of various provisions within the legislation. The Act defines a workman
as any person employed in an industry to perform manual, unskilled, skilled, technical, operational, or
clerical work for hire or reward. This broad definition encompasses a wide range of workers across different
skill levels and functions within an industrial setting.
The Act extends its protections and provisions primarily to workmen, recognizing the need to safeguard their
rights and promote fair industrial relations. It covers aspects such as the right to strike, settlement of
disputes, and conditions of employment. The definition of a workman helps determine the scope of these
provisions and ensures that they are applicable to those directly involved in industrial processes.
The Act excludes certain categories of employees from the definition of workman, such as those in
managerial or supervisory roles, those engaged in predominantly administrative or managerial functions, and
those earning wages above a specified limit. This exclusion is based on the understanding that certain roles
may have different interests and responsibilities in the industrial context.
Identifying a person as a workman is crucial in resolving industrial disputes, as the Act provides mechanisms
for dispute resolution, including conciliation, arbitration, and adjudication. The term "workman" serves as a
key criterion for determining who can avail themselves of these mechanisms, ensuring that those directly
engaged in the core activities of an industry have access to effective means of dispute resolution.
In summary, the concept of a workman under the Industrial Disputes Act plays a pivotal role in defining the
rights and protections afforded by the legislation. It ensures that the provisions of the Act are applicable to
individuals engaged in various roles and functions within an industry, contributing to the establishment of
fair and just industrial relations.

Q3. triple test under the ID Act

The "triple test" under the Industrial Disputes Act of 1947 in India refers to the criteria used to determine
whether a dispute qualifies as an industrial dispute and falls within the purview of the Act. This test is crucial
for identifying the scope of the Act's applicability and whether a particular dispute is eligible for resolution
under its provisions.
The three components of the triple test are:
1. Existence of a Dispute: The first criterion requires the presence of a dispute, which could be a difference
of opinion or a conflict between employers and workmen. This disagreement may pertain to various aspects
such as wages, working conditions, disciplinary actions, or any matter related to terms of employment. For
the dispute to be considered industrial, it should involve a substantial number of workmen or have a broader
impact on industrial relations.
2. Relationship to Employment or Non-Employment: The second component involves establishing a link
between the dispute and the employment or non-employment of any person. The Act covers disputes arising
out of or connected with employment, making it essential to demonstrate a direct connection between the
issue and the employment relationship.
3. Change in the Conditions of Employment: The third element of the triple test requires a change in the
conditions of employment as a result of the dispute. This change could be proposed, anticipated, or already
implemented. The Act is designed to address disputes that impact the terms and conditions of employment,
emphasizing the connection between the disagreement and its potential or actual impact on the working
conditions of the employees.
By satisfying these three criteria, a dispute is considered an industrial dispute, and the provisions of the
Industrial Disputes Act become applicable for its resolution. The triple test provides a structured framework
for determining the eligibility of disputes, ensuring that the Act is invoked appropriately in matters related to
industrial relations.

13 marks Q
Q1. discuss in detail regarding registration of trade unions
The registration of trade unions in India is governed by the Trade Unions Act of 1926. This legislation
provides a legal framework for the formation, registration, and regulation of trade unions, aiming to
safeguard the interests and rights of workers. Here's a detailed discussion on the registration process:
# Eligibility Criteria:
1. Trade Union Composition:
- A trade union must consist of seven or more members who are workers or employers.
- Members should pay a subscription for union funds.
2. Objects and Rules:
- The union must have defined objects that include the regulation of relations between workers and
employers.
- The rules of the trade union must be submitted along with the application for registration.
#Registration Procedure:
1. Application Submission:
- The trade union seeking registration submits an application to the Registrar of Trade Unions. This can be
done by the office-bearers or other authorized representatives of the union.
2. Documents Required:
- The application must be accompanied by a copy of the rules of the trade union.
- A statement of the total number of members and a list of members should be included.
- Any change in the rules should be communicated to the Registrar.
3. Scrutiny and Approval:
- The Registrar scrutinizes the application to ensure it complies with the Act's provisions.
- If satisfied, the Registrar registers the trade union and issues a Certificate of Registration.
# Benefits of Registration:
1. Legal Recognition:
- A registered trade union gains legal recognition, providing it with certain rights and privileges.
- Only registered unions can enjoy the protection and benefits provided by the Trade Unions Act.
2. Right to Sue and Be Sued:
- A registered trade union has the legal standing to sue or be sued in its own name.
3. Immunity from Civil and Criminal Liability:
- Members of a registered trade union enjoy immunity from certain civil and criminal liabilities when
engaged in trade union activities.
# Responsibilities After Registration:
1. Filing of Returns:
- Registered trade unions are required to file annual returns with the Registrar, providing details of its
membership, finances, and office-bearers.
2. Changes in Constitution:
- Any amendments to the rules or changes in office-bearers must be promptly communicated to the
Registrar.
Compliance with these procedures ensures that trade unions operate within the legal framework, promoting
organized and lawful representation of workers' interests in India.
Q2. discuss in detail regarding provisions applicable for lay-off of the workers
In India, the term "lay-off" refers to the temporary suspension of employment by the employer due to a
shortage of work or for any other reasons stipulated under the Industrial Disputes Act, 1947. The Act
provides specific provisions to regulate the process of lay-off and safeguard the interests of workers. Here's a
detailed discussion on the provisions applicable for lay-off of workers in India:
# 1. Definition of Lay-off:
- Section 2(kkk) of the Industrial Disputes Act defines "lay-off" as the failure, refusal, or inability of an
employer to give employment to a worker for a certain period when there is no fault of the worker.
# 2. Conditions for Lay-off:
- An employer can only initiate lay-off when there is a lack of work, shortage of raw materials, or any
other reason beyond their control.
- The lay-off should be a temporary measure, and the employer is expected to recall the workers when the
situation improves.
#3. Notice and Compensation:
- The employer is required to give a notice of lay-off to the appropriate government authority, the workers,
and the union (if any), as specified in Section 25C of the Act.
- Workers are entitled to compensation during the period of lay-off. As per Section 25C, they are entitled to
receive compensation that is 50% of the total basic wages and dearness allowance that they would have
received.
# 4. Right to Compensation or Re-employment:
- If a worker is laid off continuously for more than 45 days, or for intermittent periods totaling more than
45 days in a period of 12 months, they become eligible to seek alternative employment or compensation
under Section 25M of the Act.
# 5. Power of the Government to Prohibit Lay-off:
- The appropriate government may restrict or prohibit the lay-off of workers in certain circumstances, as
outlined in Section 25N of the Act. This is done to prevent unfair practices by employers.
# 6. Retrenchment as an Alternative:
- If the lay-off continues for a prolonged period, it might lead to retrenchment. Retrenchment refers to the
permanent termination of employment due to a surplus of labor or the closure of a part of the business.
# 7. Trade Union Role:
- Trade unions play a crucial role in negotiating the terms and conditions of lay-off with the employer.
They also represent the interests of workers during discussions with the management.
# 8. Dispute Resolution:
- In case of disputes related to lay-off, workers or employers can approach the appropriate labor authorities
or industrial tribunals for resolution.
Understanding and adhering to these provisions is essential for both employers and workers to ensure fair
and lawful lay-off practices in the industrial context in India.
Q3. Analyze in detail about illegal strike and lockout
The Industrial Disputes Act of 1947 in India serves as a comprehensive legal framework governing labor
relations, and it specifically addresses the issues of strikes and lockouts. Analyzing illegal strikes and
lockouts under this act provides insights into the regulatory measures in place to maintain industrial peace
and resolve disputes between employers and employees.
Illegal Strikes under the Industrial Disputes Act, 1947:
Section 22 of the Industrial Disputes Act outlines the legal provisions related to strikes. According to the act,
a strike is considered illegal if it does not adhere to the prescribed procedures. This includes mandatory prior
notice to the employer or the appropriate authority, and in case of public utility services, a notice must be
served at least fourteen days before the intended strike. The act emphasizes the importance of exhausting all
conciliation procedures before resorting to a strike.
In the event of an illegal strike, Section 23 provides the framework for penalties. The act empowers
employers to take disciplinary actions, including the deduction of wages for the period of the strike.
Moreover, employees participating in illegal strikes may lose the legal protections against dismissal or
discharge, as the act allows employers to terminate the services of those involved in such actions.
Illegal Lockouts under the Industrial Disputes Act, 1947:
Section 23 of the Industrial Disputes Act also deals with illegal lockouts. A lockout is considered illegal if it
does not conform to the legal requirements outlined in the act. Similar to illegal strikes, the act mandates
employers to give notice to the appropriate authority and the employees concerned before implementing a
lockout. Failure to follow these procedures renders the lockout illegal.
The consequences of an illegal lockout are severe under the Industrial Disputes Act. Section 24 provides that
employees locked out illegally are entitled to full wages for the lockout period. Additionally, the act
empowers labor authorities to intervene and take necessary actions to remedy the situation, which may
include ordering the reopening of the establishment.
Role of Conciliation and Authorities:
The Industrial Disputes Act places significant emphasis on conciliation as a means of resolving disputes
before they escalate into strikes or lockouts. Section 12 provides for the appointment of conciliation officers
and boards to facilitate discussions between employers and employees. If conciliation efforts fail, the dispute
can be referred to labor courts or industrial tribunals for resolution.
The act establishes the Central and State Governments as competent authorities to adjudicate industrial
disputes, ensuring that there is a legal recourse for resolving conflicts. This mechanism helps in maintaining
industrial peace and ensures that disputes are resolved through legal and structured processes.
Conclusion:
In conclusion, the Industrial Disputes Act, 1947, plays a crucial role in regulating strikes and lockouts in
India. By defining legal procedures, penalties for non-compliance, and avenues for resolution, the act aims to
strike a balance between the rights of workers and the interests of employers. Effectively, it provides a
framework for the orderly resolution of disputes, promoting industrial harmony and preventing the adverse
economic and social consequences of illegal industrial actions.
Q4. how has supreme court interpreted the term 'Industry' explain using relevant case laws
The interpretation of the term 'Industry' under the Industrial Disputes Act, 1947, by the Supreme Court of
India has evolved through various landmark case laws. The definition of 'Industry' is crucial, as the act
primarily applies to industrial disputes arising within its ambit. Over the years, the judiciary has provided
nuanced interpretations to ensure a broad and inclusive understanding of the term. Here are some relevant
case laws that shed light on this interpretation:
1. Landmark case: Bangalore Water Supply and Sewerage Board vs. A. Rajappa (1978):
One of the seminal cases that significantly influenced the interpretation of 'industry' by the Supreme Court is
the Bangalore Water Supply case. The Supreme Court, in this case, laid down certain principles to determine
whether an entity falls within the definition of 'industry.' The court held that the presence of a systematic
activity involving cooperation between employers and employees for the production and/or distribution of
goods and services with the aim of satisfying human wants or wishes constituted an 'industry.'
This judgment broadened the scope of the term 'industry' by emphasizing the importance of a systematic and
organized activity that involves cooperation between employers and employees. The court's focus on the
satisfaction of human wants or wishes signaled a departure from a narrow interpretation, making the term
more inclusive.
2. University of Delhi vs. Ram Nath (1963):
The Supreme Court, in this case, expanded the scope of 'Industry' to include educational institutions. The
court held that if an educational institution is organized on commercial lines, involving an employer-
employee relationship and the production of goods or services, it falls within the definition of 'Industry'
under the Industrial Disputes Act.
3. Judgment in Air India Statutory Corporation vs. United Labour Union (1997):
The court, in this case, ruled that statutory corporations can be considered 'Industry' if they are involved in
trade, business, manufacture, or adventure of similar nature. The judgment clarified that the functional test
should be applied to determine whether an entity falls within the purview of 'Industry.'
4. Indian Medical Association vs. V.P. Shantha (1995):
The Supreme Court clarified that medical practitioners, even those in private practice, do not fall within
the definition of 'Industry' under the Industrial Disputes Act. The court distinguished between professional
services and organized economic activities, stating that the latter is necessary for an entity to be considered
an 'Industry.'
In summary, the Supreme Court has adopted a broad and dynamic interpretation of the term 'Industry,'
encompassing various activities beyond traditional manufacturing. The focus has been on the systematic and
organized nature of activities, the presence of an employer-employee relationship, and the production of
goods or services. This approach ensures that the protective provisions of the Industrial Disputes Act are
applicable to a diverse range of economic activities.

Q5. explain how standing orders are made and their role in industry.
Standing Orders are essentially rules and regulations that govern the conditions of employment in an
industrial establishment. The process of making standing orders involves a collaborative effort between the
employer and the workers, with the goal of establishing clear terms and conditions of employment to
maintain a harmonious industrial environment. The process of making standing orders is as follows:
1. Initiation: The process usually begins with the employer initiating the drafting of standing orders. This
initiation can be prompted by statutory requirements, a desire for better organization within the workplace,
or as a response to changing circumstances.
2. Consultation with Workers: Once the draft is prepared, it is shared with the workers' representatives or the
trade union for their feedback. This step is crucial as it ensures that the workers' perspective and concerns are
taken into account, fostering a sense of cooperation and fairness in the workplace.
3. Submission to Certifying Officer: After incorporating any necessary changes based on the feedback
received, the draft standing orders are submitted to the Certifying Officer appointed by the appropriate
government. The Certifying Officer is typically a labor department official.
4. Publicizing Draft Orders: The draft standing orders are then publicized to ensure that all employees are
aware of the proposed terms and conditions. This transparency is essential for maintaining trust and avoiding
disputes later on.
5. Hearing and Modifications: The Certifying Officer conducts a hearing where both the employer and
workers have the opportunity to present their cases. Modifications may be suggested during this stage based
on the inputs received.
6. Certification: Once satisfied, the Certifying Officer certifies the standing orders. The certified standing
orders become legally binding and are applicable to the industrial establishment.
Role of Standing Orders in Industry:
Standing Orders play a crucial role in industrial establishments by providing a framework for the terms and
conditions of employment. Here are several key aspects of their role:
1. Terms of Employment: Standing Orders define various terms of employment, such as working hours, shift
arrangements, leave policies, and disciplinary procedures. This clarity helps in avoiding misunderstandings
and conflicts related to employment conditions.
2. Discipline and Grievance Redressal: They outline the disciplinary procedures for employees and the
consequences of misconduct. Additionally, they often include mechanisms for grievance redressal, ensuring
that disputes can be resolved in a fair and systematic manner.
3. Code of Conduct: Standing Orders often include a code of conduct for employees, establishing standards
of behaviour and professionalism within the workplace. This contributes to a positive work culture and helps
in maintaining a productive environment.
4. Prevention of Arbitrariness: By having standing orders in place, arbitrary decisions by employers are
minimized. Both employers and employees know their rights and obligations, contributing to a more
transparent and equitable working relationship.
5. Conflict Resolution: In the event of disputes or conflicts, standing orders provide a structured framework
for resolution. This can involve conciliation, arbitration, or legal proceedings as outlined in the standing
orders.
6. Employee Welfare: Standing orders may also include provisions related to employee welfare, safety
measures, and other aspects that contribute to the overall well-being of the workforce.
7. Facilitates Collective Bargaining: The process of making standing orders often involves consultation with
workers' representatives, fostering a spirit of collective bargaining. This can lead to better understanding and
cooperation between employers and employees.
In essence, standing orders serve as a critical tool for maintaining industrial discipline, ensuring fair
treatment of employees, and providing a structured framework for resolving disputes. They contribute to the
stability and efficiency of industrial establishments by establishing a set of rules that govern the employer-
employee relationship.