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    Labour Law I - 3 Sem

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    Miss Singhaniya
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    Code No. E-18695/8L FACULTY OF LAW LL. B (3 YDC) II - Semester Examination, August 2023 Subject: Law Paper: V— Labour Law 1 Time: 3 hours Max. Marks: 80 PART-A. Note: Answer any five que: 1. Layoff 2. Illegal deductions 3. Manufacturing process 4. Works committee 5. Award 6 7 8 (5.x 6 = 30 Marks) Industrial dispute Retrenchment Unfair labour practices PART-B Note: Answer any two questions (2x 15 = 30 Marks) 8. Discuss the provisions of Trade Union Act)1926 relating to registration and ‘cancellation of Trade Unions. 10. Discuss the provisions relating to welfare measure under the Factories Act, 1948. 11, Define Strike. What are the various kinds of strikes mentioned in the Industrial Disputes Act, 19477 12,Define standing order. Explain the procedure for the certification of the standing Orders under the Industrial Employment (standing orders) Act, 1945, PART-C Note: Answer any two questions (2x 10 = 20 Marks) 13. A Industty x directed its workmen not to report for the work for 15 days due to ‘Scareity,of water in the industry. The workmen claimed Layoff compensation, The “X* industry refused to pay. Decide, 14, Inn industry there was continuous unrest to works leading to strikes and lockouts. The employer closed down the industry, Does it amount to closure? Decide with relevant case laws. 18 There is an agreement between the workers and the employers of an industrial Establishment to deviate from the terms and conditions of service mentioned in the certiied standing orders. Discuss the validity of the agreement, 16.’ was removed from the service because of his actives in rade union, without Giving notice. A wants to challenge his removal from the service ~ Advies Code No. FACULTY OF LAW LL. B (3 YDC) / LL.B. (Honours) (3 YDC) Ill - Semester Examination, April May 2023, Subject: Law Paper: V — Labour Law -1 Time: 3 hours Max. Marks: 80 PART-A. Note: Answer any five questions (5x 6 = 30 Marks) Registration of Trade Union Labour during feudal days Retrenchment Lockout Court of inquiry Voluntary Arbitration Model Standing Order Misconduct eNog eens PART=B Note: Answer any two questions (2x 15 = 30 Marks) 9. What is Trade Union? Discuss the procedire for recognition of Trade Union? 10.Discuss strike as a weapon in the’ process of collective bargaining and comment on its legality in the light of latest trend of decisions of the Apex Court. 11. Explain the salient features of the Industrial Employment (Stan Orders) Act, 1946. 12,State the various adjdidicatory machinery provided under the Industrial Dispute Act, 1947, PART-C Note: Answer any two questions (2x 10 = 20 Marks) 13.°X’ was removed from employment without serving any notice. 'X’ disputed this as unfair dismissal. Argue. 414.4 Trade Union served a notice of strike in one industry. The employer instigated some of the members of the Trade Union not to participate in strike. The Trade Union preferred to initiate Legal action against the employer. Advice. 15.An employer raised wages only to one section of workers in the same category. Aggrieved workers objected that practice. The employer contended that it is the absolute right of the employer to do so citing administrative reasons. Advice workman the legal violations involved and legal remedies available. 16.4 Trade Union Leader was imprisoned for 5 years for an offence involving moral turpitude and 5 years have not elapsed since his release, He wants to be chosen as an office bearer of a registered Trade Union. Advice. Code No.0-12517/BL FACULTY OF LAW : LLB. (3 YDC)/ LL. B (3 YDC) (Honours) Ill - Semester Examination, November 2022 Subject: Law Paper: V Labour Law ~! Time: 3 hours Max. Marks: 80 PART-A Note: Answer any five questions. (5 x 6 = 30 Marks) 1. Definition of Trade Union 2. Workman 3. Industry 4. Layoff 5, Works Committee 6. Unfair Labour Practice 7. Principles of Natural Justice 8. Arbitration of Industrial Disputes PART-B. Note: Answer any two question. (2.x 15 = 30 Marks) 9. Explain the history of Indian Trade Union Movement. +10. Explain the procedure for the reference of industrial dispute to Labour Court or Industrial Tribunal 11. Discuss the law relating to strikes afd lockouts, 12. Define Standing Order and explain the procedure for the certification of Standing Orders. PART-C. Note: Answer any two question. (2x 10 = 20 Marks) 13.A group w6rkmaf of an industry conducted a picketing at the gate of the industry in furtheranee of their trade dispute. The employer fled a criminal complaint and the said workmen were arrested. Decide, 14.Some workers of a club went on strike to improve their working conditions by giving sufficient notice to the employer. But the employer argues that the club is riot an industry and the workers cannot go an strike. Decide. 15.A was terminated from the employment without being served show cause notice, ‘A challenge the termination. Decide. 46. X, who was laid off by the employer, given another alternative job within § km distance from the original workspot. However X refuses to work where the new work was given and claims for layoff compensation. Decide. Code No. D-12480 FACULTY OF LAW LL.B. (3 YDC) (Honours) / LL.B (3 YDC) Il Semester Examination, April / May 2022 Subject: Law Paper -V : Labour Law —| Time: 3 Hours Max, Marks: 80 PART -A Note: Answer any five questions. (5 x 6 = 30 Marks) 1 General fund of Trade Union 2. Retrenchment 3 Works Committee 4. Nature of Standing Orders 5 Principles of Natural Justice & Reorganization of Trade Union OH 7. National Tribunal 8 Arbitration PART-B Note: Answer any two questions. , (2x15 =30 Marks) 9 Define Trade Union and explain the procedyre for registration of a Trade Union, e 10 What is Industry? Explain the term Inches) 11 Explain the various authorities pager ‘the Industrial Dispute Act 1947. fo 12 Discuss the disciplinary preBedings in industries, decided cases. : PART-C Note: Answer any two) questions. (2x 10 = 20 Marks) 1 Aaradhya and Co,,is a Public Utility Service Industry, where a strike has commenced during the pendeficy of conciliation proceedings and the workmen pleaded that strike was proyokethby employer. Decide whether strike is lawful 14 A Tfade Union member who was poor but very popular and who has not contributed {o political fund requests the help from general fund for his election. Decide 15 Employer refuses to give the benefit of certified standing orders to ‘A’ on the ground that ‘A’ was appointed after the certification of standing orders. Workman challenges the decision. Advice 16 On account of strike by some workman in one part of 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 for compensation AoE se % A oes Code No. 723/BL epee eX! ree FACULTY OF LAW Bee LL. B. (3 YDC) / LL. B (3 YDC) (Honours) 11 - Year I~ Semester Examination, ‘September 2021 Subject: Law Paper: V-Labour Law ~ 1 Time: 2 hours Max. Marks: 80 PART-A. Answer any four questions. (4x 1040 Marks) Registration of Trade Union Works Committees Unfair Labour Practice Lay off Industry Standing Orders Domestic Enquiry Voluntary Arbitration @vomsona PART=B Answer any one question. (1.x 20 = 20 Marks) 9 Trace out the historical background of the Trade Union Movement. 10 Define ‘Industrial Dispute’, when an individual dispute becomes an industrial dispute. 11. What is the procedure for the reference of an industrial dispute to the labour court 12 Explain the procedufe for disciplinary proceedings in industries with the help of decided cases, PART-C Answer any one question. (1 x 20 = 20 Marks) 15 The ward|boys of an hospital went on strike for the enhancement oftheir wages. 's their dispute can be dealt under the Industrial Disputes Act, 1947, 14 An unregistered trade union conducted picketing in front of the gate of their industry. What action can be taken against them? 181 Workman who is very active in rade union is transferred to a far place of the industrial unit. He wants to challenge the employer's action, Advise him 16 Permanent Workmen of an industry raiséd an industrial dispute for the "egularzation ofthe services ofthe contract labour ofthe unit. Can they do so? Code No.723 FACULTY OF LAW © fae LL 0208 Tetrion in February 2021 ‘Subject: Law Paper: V Labour Law -1 — Max. Marks: 80 Time: 2 hours PART-A Note: Answor any four questions. Collective Bargaining 9 O V Reorganisation of Trade Union ‘war Conciliation NX Work Committee Unfair Labour Practice ~ 270 Charge Sheet Retrenchment — 2 (4x 10 = 40 Marks) ¢ mary) er Note: Answer any one question. QO 9. Define Trade Union and explain the right8"2nd duties of registered trade union. 10,Define Industrial Dispute and Blain when individual dispute becomes industrial dispute with the help of degi 5. 11.Explain various methos industrial disputes under the Industrial Disputes Act. 12 Discuss the pineogot tural Justice with the help of decided cases. PART-c Note: Anewor any ene question. (1.x 20 = 20 Marks) 18, Twonty Worf ofa factory applied fr regan of rade union under he Tadeo / Unigfi et "1926. After submission of the application, 10 workers have withdrawn fate sod applet. Decide whether Trade Union can be registered, wih he remaining members, 14. A, an employee was appointed on probation in an industry. Probation was exiended subsequently. His services were terminated during the extended probation period on the ground of unsuitability. Examine the legality of the termination of the services. 415. A strike is commenced in an industrial establishment during the pendency of an Industrial dispute before the labour court. Decide the legality of the strike 16. Employer of an industrial establishment prepared standing orders on his own and made the employees to agree upon the same, Decide the vay ofthe said standing orders. Code No. 5121/8L FACULTY OF LAW L.L.B (3 YDC) Il Year Ill Semester Examination, OctoberlNovember 2020 Subject: Law Paper-V: Labour Law-1 Time: 2 hours Max. Marks: 80 PART ~ A (4x 10 = 40 Marks) ‘Answer any FOUR of the following. Registration of Trade Union Outside leadership in trade unions Unfair labour practice Definition of Industry Lay-off Award Model Standing order Charge sheet PART ~ B (1 x 20 = 20 Marks) ‘Answer any One of the following. Not exceeding of 250 words. 9. Trace out the historical background of Trade Union Movement in India, 10. Define Retrenchment and explain the procedure to be followed and ‘compensation to be paid at the time of retrenchment of workman, 14. Explain how the reference of industrial dispute is to be made to labour court 12, Explain the principles of natural justice to be followed before giving punishment toa workman PART ~C (1 x 20 = 20 Marks) Answer any One of the following, 13. A, a workman an probation is terminated from service on the reason of failure ina test for probation. Advice him, 14-Alaid-off workman while coming back from the workplace did some work in another establishment and received wages. The employer refused to pay lay-off compensation. Decide, 15. Some workmen participated in an ilegal strke due to which the employer Sustained huge loss of profits. So the employer claims compensation frerm wre workmen who have participated in the strike. Decide 16. Aas temoved ftom the employment without serving any notice. ‘A’ disputed this as unfair labour practice by the employer. Decide. Code No. 15115/ BL FACULTY OF LAW B, (3 YDC) / LL.B (Hons.) (3 YDC) 11 - Year Ill ~ Semester Examination, July / August 2019 Subject: LAW Paper ~ V Labour Law ~ Time: 3 Hours Max.Marks: 80 PART ~ A (5x6 = 30 Marks) Answer any Five of the following, Trade Dispute Lay off ‘Appropriate Government Works committees Court of Inquiry Outside leadership Dissolution of Trade Union Unfair Labour Practice PART ~ B (2x15 = 30 Marks) Answer any Two of the following, 9 Define Trade Union and explain the procedure for the registration of Trade Union. 10 Discuss various methods to resolve the Indus val Disputes 11 Explain the law relating to retrenchment under the Indu: 12 Define the term “Standing Orders’ Standing Orders I Disputes Act and explain the procedure for certification of PART ~ C (2x10 = 20 Marks) ‘Answer any Two of the following 13A workman who was returning from the f Fy alter declaration of lay off, on the way he worked in another industry and received wages. The employer refuses to pay lay off ‘compensation - Decide 14 Ten workmen has signed and applies for the registration of Trade Union. Three of them have withdrawn their consent {o be a member of that Trade Union. Registrar refuses to register the Trade Union Dec 15 A Trade Union Leader was prosecuted for conducting a picketing in front ot ehf work place in furtherance of their stnke against the employer Decide 16 A bank employee was terminatcd trom services on the reason of failure of an ‘examination to clear the probation after two years of service Advice hun Code No. FACULTY OF LAW {LB (3 YDC) / LLB (3YDC\(Hon,) I Year 1 Semester Examination, January/February 2019 Subject : Law Paper - V: Labour Law -1 Time: 3 Hours Max. Marks Note: Answer all questions each question carries equal marks PART ~ A (5X6=30 Marks) (Short Answer Type) Answer any FIVE of the following: 1. Dissolution of Trade Union 2. Amalgamation of Trade Union 3. Court of inquiry 4. Lock-Out 5. Definition of industry 6. Industrial Dispute 7. Layoff and Retrenchment 8. Domestic inquiry PART — B (2x15 = 30 Marks) Answer any TWO of the follo. wing questions: 8. Explain Standing Order and provisions contained in the Industrial Employment (Standi Orders) Act 19467 10. Explain the constitution, powers and duties of Tribunal under the Industrial Dispute Act 1947? 11. Explain the constitution, Dispute Act 19477 12. Define the term ‘workmen’ as defined under workmen's compensation Act. 19237 Powers and duties of Labor Courts under the Industrial PART ~ C (2X10=20 Marks) Answer any TWO of the following questions: 18. On the ground of stealing some propery ofthe employer by the workman and as the eich property was recovered by the police from the house of the workman ana wee paneted inthe cour, and he was dismissed from undertaking. His dismissal wae challenged by the worker on the ground that no domestic enquiry was conducted Deck 14 Mithout serving notice the workers of public utity service went on stk, is the action o the workers is valid? Decide the case on legality of the strike 15. An employee was appointed on probat subsequently. His services was termi showing grounds. Examine and explai tion in a factory. The probation was extended inated during the extended probation period with in the legality of the termination of the services, 16.For the purpose of ‘registering trade union ten members signed the applicat Subsequently four members withdrawn their consent and informed the registrar of Th Union before registering. The Registrar refused to register the union. Decide Time : 3 Hours Ans 1 @yoMreN 9 10 " 12 Answer any TWO of the following questions: Code No. 9732/ BL FACULTY OF LAW ULB. (3 YDC) / LL.B. (Hons.) (3 YDC) II-Year Ill-Semester Examination, ‘August ! September 2018, Subject: LAW Paper - V: Labour Law —1 Max. Marks : 80 PART ~ A (5x: \swer any FIVE of the following, Rights of Registered Trade Union Definition of Trade Union Voluntary Arbitration Industrial Dispute Conciliation Principles of natural justice Workmen Standing orders, 30 Marks) PART —B (2x15 = 30 Marks) Process of Registration of Trade Union and immunities of Registered Trade Union Explain the concept of Nature of Standing Order What is Lay-off and Retrenchment? Distinguish between Lock out and Closure. Explain the various methods available to prevention and settlement of Industrial Dispute. PART ~C (2x10 = 20 Marks) ‘Answer any TWO of the following questions: 13 14 15 16 A criminal proceeding against a worker is initiated and is under investigation and trial, The employer in writing suspended worker On conclusion of the criminal Proceedings, the worker was found guity. The employer show cause for dismissal and after giving reasonable opportunity to the worker to meet the ends of justice and assed the dismissal order. Weather the employee is entitle to any remuneration for the suspension period? Can the employer recover the subsistence allowance paid to the worker during the suspended period? ‘A worker whose services have been terminated by the employer on the ground of fraud committed by him, He demanded tor payment of wages for the remaining months of the financial year. The employer refused to pay. Decide ‘Aan employee was appointed on probation in a factory. The probation was extended subsequently, His services was terminated during the extended probation period on the grounds of unsuitability. Examine and explain the legality of the termination of the services, A club has 570 members. The number of employees employed is eight. Its object was to provide sports facilities for recreation and entertainment. It was running a department which provide food and refreshment. Members were allowed to bring guests. Examine whether it is an Industry Code No. 9563/8L. FACULTY OF LAW © TB (@ YDC) /LLB (Hons.)(3 YDC) II Year Ill - Semester Examination, May/June 2018 Subject: Law Paper: V Labour Law -1 Time: 3 Hours Max, Marks: 80 PART - A (5X6=30 Marks) (Short Answer Type) Note: Answer any five of the following 4. Workman 2. Conelliation officer 3. Award 4. Rights of Trade Union . Recognition of Trade Union 6 8 Indusiry Public Uitlty service Unfair Labour practices PART - B (2 X18= 30 Marks) Note : Answer any two of the following. 9. Define the term trade union and explain the procedure for the registration of trade Union. 10 Define and discuss the law relating to the lay off and retrenchment under the -D-Act 1947 11. Explain the composttion, powers and functions of Labour court. 12, Define standing orders and discuss the procedure for certification of Standing orders. PART ~ C (2 X10= 20 Marks) Note : Answer any two of the following. 13. A workman who is actively engaged in trade Union activites is transferred to 2 far place by the management to eliminate him from the trade union activities. Advise him 44, X a workman was terminated from the service without giving any notice. ° raised an industrial dispute challenging his termination, Discuss. 415.4 workman, who is a non-member of any trade union is retrenched from the services by the empioyer Can he initiate the industrial dispute against the employer challenging his retrenchment. 16. registered trade union commended an illegal strike. Management suffered loss due to this strike Management claims damages against the (er Who participated in the illegal strike, Decide. |422-16-S3\ 124 Code No. 9563 FACULTY OF LAW LL.B. (3 YDC) / LL.B. (3 YDC) (Honours) Il -Year Ill-Semester Examination, ‘March April 2018. Subject: LAW Paper ~V : Labour Law —1 Time : 3 Hours ‘Max. Marks : 80 PART ~ A (5x6=30 Marks) {newer any FIVE of the following: Definition of Trade Union Industrial Dispute. 3 Labour Court 4x Voluntary arbitration, ‘5c Principles of Natural justice Al <& Retrenchment Award Protected workmen PART ~B (2x1 ‘Answer any TWO of the following questions: 9 Discuss the law relating to recognition of-Tratde Unions in India 10 Define the term *industry’, explain whether University is an industry. ‘+41 Explain the law relating to reference to'industrial disputes to the authorities for its settlement, 12 Define “standing orders” and d{sduss the provisions relating to certification of standing ens CVO PART —C (2x10 = 20 Marks) _Aaswer any TWO ofthe following questions /(13 Some workers of an indystry, while joining the duty entered into an agreement with the (1 employer that they would not go on stke any ime, What is the vali of this agreement? 14 Workers of 8h hospital raised an industrial dispute regarding the regularization of the wean Dent ed an Caled Jer has imposed the punishment of dismissed on the employee, without giving Orn Wetoraniy & tobi spat oe ground of unauthorized absence for a long time. ‘What remedy is available to the employee against such action? Discuss, 16 There is an agreement between the employer and workmen of an industrial establishment that there shall not be prescribed standing orders for the establishment. Is such agreement valid? Code No. §77/ BL FACULTY OF LAW ULB. (3 YC) / LL.B. (Hons,) (3 YDC) II- Year May ! June 2017 Subject: LAW Paper : V Labour Law -1 Semester Examination, Time : 3 hours, Max, Marks : 80 PART — A (5 x6 = 30 Marks) Answer any Five of the following : 1 Industrial Dispute Retrenchment Court of Inquiry Workmen Voluntary Arbitration Lock-out Unfair Labour Practices. Domestic Enquiry PART —B (2x 15=30 Marks) Answer any Two of the following : © Distinguish between Lay-off and Retrenchment 10 Define Trade Union. Discuss the immunities available to the Registered Trade Union 11 Explain the various methods avail Dispute. 12 Expiain the concept and, Nature of Standing Orders. lable to prevention and settlement of Industrial PART ~C (2x 10 = 20 Marks) Answer any Two of the following : 19.4 an employee was appointed on probation in a factory. The probation was extended subsequently, His services were terminated during the extended Brabation period on the grounds of unsuitabiliy. Examine and explain the legally Of the termination of the services. 14 Without serving notice, the workers of public utily service went on strike. Is the action of the workers valid? Decide the case on legality of the strike. 18 For the purpose of registering trade union seven members signed the application Subsequently three members withdrawn their consent and informed the registrar Of Trade Unions betore registering. The registrar refused to register the union Decide 16 A was terminated from the employment without being ig Served show cause notice, ‘A’ disputed it as Unfair Labour Practice. Decide. Code No. 577 FACULTY OF LAW LLB. Hons.) (8 YDC) LL.B. (3 YDC) iI - Year Il - Semester Exa Jan. [ Feb, 2017 Subject: LAW Paper —V: Lavour Law ion, Time :3 hours Max. Marks : 80 PART A (5x6 = 30 Marks) oat Answer any Five of the following. Definition of Trade Union Outline Leadership Workman Court of Inquiry \ Layoff « ‘Amalgamation of Trade Unions Definition of Standing orders \ Unfair Labour Practices or 2 eONH PART—B (2x75 = 30 Marks) Answer any Two of the following.) 8 Discuss the hts and inftnites’o registred Wade unions under the Trade Union Act L 10 Discuss the law relating to\strikes and lockouts under the I.D. Act 1947. 11 Define industrial dispute, When an individual dispute becomes industrial dispute. 12 Explain the procedure for the certification of standing orders, ‘ J) PART~C (2x 10= 20 Marks) Answef aniy,TWo of the following, 18 A trade.union of an industry consists of 10 workmen of its own industry and 30 workmen of other industries. Whether it is entitled for registration under the ‘Trade Union Act 19267 14 The workmen of a factory raised a dispute regarding termination of service of Assistant Medical Officer who was not a workman of the factory. Whether such dispute was an industrial dispute? Decide 15'A’ a workman was removed from the notice, ‘A’ disputed this as ployment without being served any fair dismissc:. Discuss, 16 A teacher in an educational institution had a dispute with the management. Examine whether this dispute falls under the Industrial Disputes Act 1947, in the light of section 2(J) of the 1.D. Act Code No. 3095 FACULTY OF LAW LL.B. (3 YDC) II - Year Ill - Semester Examination, December 2015 Subject: Law Paper —V: Labour Law ~1 Time: 3 Hours. Max.Marks: 80 PART ~ A (5X6 = 30 Marks) Note: Answer any Five of the “mn 1. Registration of Trade Union 2. Dissolution of Trade Union 4. Conciliation 5 Retrenchment 6 Strike 7 Misconduct ? 8 Standing orders PART-B Marks) Note: Answer a of the following. 9 Define Trade Union and discuss. the scope of immunity of Trade Union and its members from Civil and Criminal Liabilit 10 Explain the mechanism junder the Industrial Disputes Act 1947 to settle Industrial Disputes, 11 Explain the ct tion and modification of staning orders, 12 Define the term "str ‘Lockout as used in the Industrial Disputes Act 1947. When does a strike or ‘coke Wkbecome illegal? Answer any Two of the following. 13 A, a/ilOtqiMar’has been retrenched from service by the employer by oral orders. A, challenges the validity of retrenchment. Disquss. 14 A pharmaceutical concern employed a person as a representative for canvassing and procuring orders. He, however, was also required to do some clerical,or manual work \Wwhich is incidental to his main work, Whether such person is a workman under Sec. 2(8) of I.D. Act? Decide. : ¢ PART ~C (2x10 = 20 Marks) 18 State govt. employees working in the collectorate want to form an Association and fegister it under the Trade Union Act The Registrar of Trade Unions objects to it Advise the employees. 16 A, a workman working in a factory employing 60 workers in Hyderabad was laid off by his employer who offered him an altemate similar job in another factory at Secunderabad. But A refused to go. A wants to claim lay-off compensation. Advise. Code No. 625/ BL ~ FACULTY OF LAW {8 YDC) II— Year Ill Semester Examination, June 2014 Subject: LAW Paper ~ V: Labour Law—1 Time : 3 hours OOO BENS 10 "1 12 13 4 15 Max. Marks : 80 PART ~

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