LABOUR LAW-II

3 AND 5 YEARS LLB UNDER KARNATAKA STATE LAW

UNIVERSITY

MOST IMPORTANT PREVIOUS YEAR QUESTIONS

ALONG WITH ANSWERS

By
ANIL KUMAR K T
Mob: 9584416446
 Karnataka State law university 3 & 5 Years LLB.
ANIL KUMAR K T LLB COACH
Labour law - II
Most important previous year questions
1. Explain the objectives of equal remuneration act.
2. Write a short note on duties of the district magistrate and vigilance
committees under bonded labour system (Abolition) act 1976.
3. Define the term of minimum wage and explain the procedure for fixation of
minimum wages rates of wages laid down under minimum wages act 1948.
4. Explain the concept of bonus? How it is calculated?
5. The gratuity of a workman was not paid by his employee on the ground that
he has caused great loss to the management due to his negligent activities
can the workman recover his gratuity amount? Advice.
6. Elucidate the objectives of the child labour (prohibition and regulation) act
1988.
7. Write the essential features of contract labour (regulation and abolition) act
1970.
8. Write a note on regulation and conditions of work of children?
9. Write a note on the advisory boards under contract labor (regulation and
abolition) act 1970.
10.Define contribution. Examine the law relating to contribution by the
employer and employees under the employee’s provident fund act 1952.
11.Discuss the mode recovery of money due from the employer under the EPF
act 1952.
12.Write a short note on object, scope and benefits of the maternity benefit
act 1961.
13.Write a note on maternity leave under the maternity benefit act 1961.
14.Explain the various central government schemes provided under
unorganized workers social security act 2008 to strengthen the unorganized
workers.
15.Explain the registration procedure and authorities under the Karnataka
shops and commercial establishments act 1961.
16.Write a note on objectives of special economic zones act 2005.
17.Write a note on hours of work and annual leave with wages under the
Karnataka shops and commercial establishments act 1961.
18.Explain the impact of industrial jurisprudence on labor welfare legislations.
19.How to determine the contribution towards provident fund? Is there any
mechanism to recover dues from the employer?
20.Write a note on procedure for fixation of minimum wages.
21. Write a note on Central advisory board and state advisory board under the
contract labor(regulation and abolition) act 1970.
22.What is minimum wage? What are its components? Explain.
23.What are the powers and duties of inspectors under the employee’s
provident fund and miscellaneous provisions act 1952?
24. Explain the salient features or provisions of prevention sexual harassment
act 2013.
25.Write a note on effects of globalization on industry and labour.
26.“The fundamental rights and directive principles of state policy are the
backbone of the industrial jurisprudence in India” Elucidate.
27.Explain the impact of industrial jurisprudence on Labour legislations.
28.What are the principles underlying labour legislations? Explain.
29. Write a note on Contract labour regulation and abolition act 1970.
30.Write a note on compulsory insurance under Gratuity Act.

BY
ANIL KUMAR K T LLB COACH
1.Explain the objectives of equal remuneration act.
Introduction:
In 1976, the Indian Government passed the Equal Remuneration Act 1976 to
bridge the wage gap between men and women workers. The objectives of this
Act was to provide equal wages for men and women based on the nature of
employment; to provide equality of opportunity in employment; to protect
persons against discrimination concerning employment or occupation, and to
ensure that no person shall be unfairly dismissed from work on grounds only of
sex. No woman shall be dismissed on grounds only of her sex. This Act
facilitates and ensures equality among all the sexes, whether it is male or
female.

Equal Remuneration Act, 1976

Age discrimination and gender discrimination are covered by this Act. For
purposes of this Act, the following expressions shall have the meanings
assigned to them hereunder:-

• Age means a person’s age as of the relevant date

• Child means a person under Eighteen years of age, either wholly or
partially dependent on others for support and maintenance
• Women means a female human being of any age
• Remuneration means the salary, wages, bonus, commission, and other
types of monetary consideration payable to a person in return for their
services, whether payable in cash or otherwise, including provident
fund, pension

Objectives of Equal Remuneration act, 1976

• To provide equal wages to men and women based on the nature of

employment
• To provide equality of treatment in employment
• To protect persons against discrimination concerning employment or
occupation
 • To ensure that no person shall be unfairly dismissed from work on
grounds only of sex
The “Equal Remuneration Act, 1976” extends to India except for the State Of
Jammu And Kashmir. It was enacted to make it illegal for employers to
discriminate between men and women employees on their pay scale.

Vigilance Committees.- ( Section 13 to 15)

(1) Every State Government shall, by notification in the Official

Gazette, constitute such number of Vigilance Committees in each
district and each Sub-Division as it may think fit.

(2) Each Vigilance Committee, constituted for a district, shall consist

of the following members, namely:--

(a) the District Magistrate, or a person nominated by him, who

shall be the Chairman;

(b) three persons belonging to the Scheduled Castes or

Scheduled Tribes and residing in the district, to be nominated
by the District Magistrate;

(c) two social workers, resident in the district, to be nominated

by the District Magistrate;

(d) not more than three persons to represent the official or non-
official agencies in the district connected with rural
development, to be nominated by the State Government;

(e) One person to represent the financial and credit institutions in

the district, to be nominated by the District Magistrate.

(3) Each Vigilance Committee, constituted for a Sub-Division, shall

consist of the following members, namely:--

(a) the Sub-Divisional Magistrate, or a person nominated by him,

who shall be the Chairman;

(b) three persons belonging to the Scheduled Castes or

Scheduled Tribes and residing in the Sub-Division, to be
nominated by the Sub-Divisional Magistrate;
 (c) two social workers, resident in the Sub-Division, to be
nominated by the Sub-Divisional Magistrate;

(d) not more than three persons to represent the official or non-
official agencies in the Sub-Division connected with
rural development to be nominated by the District Magistrate;

(e) one person to represent the financial and credit institutions in

the Sub-Division, to be nominated by the Sub-Divisional
Magistrate;

(f) One officer specified under section 10 and functioning in the

Sub-Division

(4) Each Vigilance Committee shall regulate its own procedure and
secretarial assistance, as may be necessary, shall be provided by

(a) the District Magistrate, in the case of a Vigilance Committee

constituted for the district;

(b) the Sub-Divisional Magistrate, in the case of a Vigilance

Committee constituted for the Sub-Division.

(5) No proceeding of a Vigilance Committee shall be invalid merely

by reason of any defect in the constitution, or in the proceedings,
of the Vigilance Committee.

14) Functions of Vigilance Committees.-

(1) The functions of each Vigilance Committee shall be,--

(a) to advise the District Magistrate or any officer authorized

by him as to the efforts made, and action taken, to ensure that
the provisions of this Act or of any rule made there under are
properly implemented;

(b) to provide for the economic and social rehabilitation of the

freed bonded labourers;
 (c) to co-ordinate the functions of rural banks and co-operative
societies with a view to canalizing adequate credit to the freed
bonded labourer;

(d) to keep an eye on the number of offences of which cognizance

has been taken under this Act;

(e) to make a survey as to whether there is any offence of which

cognizance ought to be taken under this Act;

(f) to defend any suit instituted against a freed bonded

labourer or a member of his family or any other person
dependent on him for the recovery of the whole or part of
any bonded debt or any other debt which is claimed by such
person to be bonded debt.

(2) A Vigilance Committee may authorize one of its members to

defend a suit against a freed bonded labourer and the member
so authorized shall be deemed, for the purpose of such suit, to be
the authorized agent of the freed bonded labourer.

15) Burden of proof. - Whenever any debt is claimed by a bonded labourer, or

a Vigilance Committee, to be a bonded debt, the burden of proof that such
debt is not a bonded debt shall lie on the creditor.

District magistrate: ( Section 10 to 12)

10) Authorities who may be specified for implementing the provisions of

this Act.- The State Government may confer such powers and impose such
duties on a District Magistrate as may be necessary to ensure that the
provisions of this Act are properly carried out and the District Magistrate may
specify the officer, subordinate to him, who shall exercise all or any of the
powers, and perform all or any of the duties, so conferred or imposed and
the local limits within which such powers or duties shall be carried out by
the officer so specified.

11) Duty of District Magistrate and other officers to ensure credit. - The
District Magistrate authorized by the State Government under section10 and
the officer specified by the District Magistrate under that section shall, as far
as practicable, try to promote the welfare of the freed bonded labourer by
 securing and protecting the economic interests of such bonded labourer so
that he may not have any occasion or reason to contract any further bonded
debt.

12) Duty of District Magistrate and officers authorised by him.-It shall be

the duty of every District Magistrate and every officer specified by him
under section 10 to inquire whether, after the commencement of this
Act, any bonded labour system or any other form of forced labour is being
enforced by, or on behalf of, any person resident within the local limits of
his jurisdiction and if, as a result of such inquiry, any person is found to be
enforcing the bonded labour system or any other system of forced labour,
he shall forthwith take such action as may be necessary to eradicate the
enforcement of such forced labour.

3.Define the term of minimum wage and explain the procedure for fixation of
minimum wages rates of wages laid down under minimum wages act 1948.
Introduction:
According to Section 3 of the Minimum wages act, it is the responsibility of the
appropriate government to set a specific yardstick.

Apart from fixing the minimum rate, the appropriate government shall also
conduct periodic reviews within a span of five years of fixing such rates and
revise the same if felt necessary.

The International Labour Organisation (ILO) has defined the term minimum
wage as the lowest amount of remuneration that an employer is required to
pay wage earners for the work performed during a given period, that cannot
be reduced by collective agreement or an individual contract. Around 90
member states of the ILO follow the provision of minimum wage.

The purpose of minimum wage is to protect the workers from unduly low pay.
It enables them to earn adequate wages for the work done by them and to
maintain a minimum living standard. It also acts as a tool to eradicate poverty
and to remove discrimination between men and women. This system has been
designed and developed in a way to supplement and reinforce other social and
employment policies, including collective bargaining, which is used to set
terms of employment and working conditions.
Procedure for Fixing and Revising Minimum Wage

Fixing Of Minimum Rates u/s 3(2)

The appropriate government can fix

• A minimum piece rate

• Minimum time rate
• Overtime rate which is the minimum time or piece rate as a
substitution of some other rate which would have been otherwise
applied for overtime work performed by employees.
• Guaranteed time rate which is the minimum remuneration rate
applicable to employees who had been working on piece rate till now
if he is again employed on time rate.
While revising or freshly fixing the wage rate under the Minimum wages act

• Varying rates of minimum wage shall be fixed for

o Varying classes of work under the same
scheduled employment
o Different scheduled employment
o Various localities and
o Apprentices, children, adolescents, and adults

• Minimum wage rate can either be fixed by one or more of these

wage periods
o Month

o Day
o Hour
o Any other larger wage-period which is deemed appropriate
Read more about Penalty for Offences under the Act (Section 20) here

Section 4 of the Minimum wages act states that the appropriate government can
either fix or revise the wage rate of scheduled employments.
However, the following parts shall come under the purview of the appropriate
government in such a case:

• Basic wage rate and special allowance which should be in harmony

with the cost of living index of its workers.
• Basic wage rate either along with or without the cost of living
allowance as well as the authorized cash value of concessions
pertaining to the supply of essential commodities at subsidized rates.
• A comprehensive wage rate comprising of the cash value of the
concessions, cost of living allowance and the basic rate.
Alternatively, a competent authority can calculate the cash value of concessions
and cost of living allowance. This has to be done after appropriate intervals and
according to the directions laid down by the appropriate government.

Section 5 of Minimum Wages Act – Procedure To Fix Or Revise Minimum

Wages

• When the minimum wage rate of scheduled employment is fixed, or

revised for the very first time under this act,
o As many committees and sub-committees can be
appointed as necessary.
o A notification containing the relevant proposals can be
published in the official gazette containing information
related to people who might be affected by the same. A
date also needs to be specified within a span of two
months from the date of notification within which the
proposals should be considered.
• The appropriate government can issue a notification in the Official
Gazette after considering the advice of the committee to fix or revise
the minimum wage rate.

4.Explain the concept of bonus? How it is calculated?

Introduction:
Bonus is the compensation given to the employee in addition to the amount of
pay specified as the base salary. A bonus is financial compensation that is
above and beyond the normal salary of the employee. Bonuses may be
awarded to both entry-level employees and to senior-level executives. Bonuses
may be given as incentives to prospective employees and can also be
distributed to the company’s shareholders.
What is Bonus Pay?
Bonus Pay is an additional pay given to an employee on top of his or her
regular earnings. It is used by many organizations as recognition or regard to
employees or a team that has achieved significant goals. Bonus Pay is also
offered to improve employee morale, motivation, and productivity. Your basic
salary and bonus opportunities together make up the annual income.
About Payment of Bonus Act 1965.

In India, there is a principle law relating to the procedure of payment of bonus

to the employees and that law is named as Payment of Bonus Act, 1965.

The Payment of Bonus Act applies to every factory and establishment

employing not less than 20 persons on any day during the accounting period.
All the organizations covered under the act shall continue to pay bonus even if
the number of employees fall below 20 subsequently.

The Payment of Bonus Act, 1965 provides a statutory right to employees of

an establishment to share the profits of his/her employer. As per this Central
Act, any employee who was drawing a salary or wage not exceeding ten
thousand rupees per month was eligible to be paid a bonus.

Section 2 (13) of the Act states that, “employee” means any person (other than
an apprentice) employed on a salary or wage not exceeding ten thousand
rupees per mensem in any industry to do any skilled or unskilled manual,
supervisory, managerial, administrative, technical or clerical work for hire or
reward, whether the terms of employment be express or implied.

As per Section 12 of the Principal Act which lays down the ‘Calculation of
bonus with respect to certain employees’– Where the salary or wage of an
employee exceeds three thousand and five hundred rupees per mensem, the
bonus payable to such employee under section 10 or, as the case may be, under
section 11, shall be calculated as if his salary or wage were three thousand and
five hundred rupees per mensem.
 Details of Payment of Bonus Act, 1965

To reward the employee of the organization by sharing the profits

Objective
earned and is linked to productivity

Applicable To Any establishment with 20 or more employees

Employees getting Rs. 21,000 per month or less (basis + DA, excluding
Eligibility other allowances) and have completed 30 working days in that
financial year

Components of Salary / Wages only include basic and DA for bonus payment and the
Bonus rest of allowances (eg, HRA, overtime, etc.) are excluded

Min / Max and Should be paid at the minimum rate of 8.33% and maximum rate of
time limits on 20%. It needs to be paid within 8 months from the close of the
bonus payments accounting year

Disqualification of Employees can be disqualified if they are dismissed on the basis of

bonus fraud, misconduct, or any similar situation

Calculation of Bonus.

As per the amendment on the Payment of Bonus Bill passed in 2015, if the
gross earning of the employee is below Rs. 21,000, employers are liable to pay
bonuses. The bonus will be calculated as follows:

• If salary is equal to or less than Rs. 7,000, then the bonus will be
calculated on the actual amount by using the formula: Bonus= Salary x
8.33 / 100
• If salary is more than Rs. 7,000, then the bonus will be calculated on Rs.
7,000 by using the formula: Bonus= 7,000 x 8.33 /100

Note: Salary means: Basic Salary + Dearness Allowance

Examples:
1. If A’s Salary (Basic + DA) is Rs. 6,000, then bonus payable will be: 6,000 x
8.33 / 100= Rs. 500 per month (Rs. 6,000 per year)

2. If B’s Salary (Basic + DA) is Rs. 7,500, then bonus payable will be: 7,000 x 8.33
/ 100= Rs. 583 per month (Rs. 6,996 per year)

5.The gratuity of a workman was not paid by his employee on the ground
that he has caused great loss to the management due to his negligent
activities can the workman recover his gratuity amount? Advice.
Introduction:
Section 4 of Payment of Gratuity .
(1) Gratuity shall be payable to an employee on the termination of his
employment after he has rendered continuous service for not less than five
years,--
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be
necessary where the termination of the employment of any employee is due to
death or disablement:
[Provided further that in the case of death of the employee, gratuity payable to
him shall be paid to his nominee or, if no nomination has been made, to his
heirs, and where any such nominees or heirs is a minor, the share of such
minor, shall be deposited with the controlling authority who shall invest the
same for the benefit of such minor in such bank or other financial institution,
as may be prescribed, until such minor attains majority.]
Explanation.-- For the purposes of this section, disablement means such
disablement as incapacitates an employee for the work which he was capable
of performing before the accident or disease resulting in such disablement.
(2) For every completed year of service or part thereof in excess of six months,
the employer shall pay gratuity to an employee at the rate of fifteen days'
wages based on the rate of wages last drawn by the employee concerned:
Provided that in the case of a piece-rated employee, daily wages shall be
computed on the average of the total wages received by him for a period of
three months immediately preceding the termination of his employment, and,
for this purpose, the wages paid for any overtime work shall not be taken into
account:
Provided further that in the case of 2[an employee who is employed in a
seasonal establishment and who is not so employed throughout the year], the
employer shall pay the gratuity at the rate of seven days' wages for each
season.
[Explanation.-- In the case of a monthly rated employee, the fifteen days'
wages shall be calculated by dividing the monthly rate of wages last drawn by
him by twenty-six and multiplying the quotient by fifteen.
(3) The amount of gratuity payable to an employee shall not exceed [such
amount as may be notified by the Central Government from time to time] .]
(4) For the purpose of computing the gratuity payable to an employee who is
employed, after his disablement, on reduced wages, his wages for the period
preceding his disablement shall be taken to be the wages received by him
during that period, and his wages for the period subsequent to his disablement
shall be taken to be the wages as so reduced.
(5) Nothing in this section shall affect the right of an employee receive better
terms of gratuity under any award or agreement or contract with the
employer. (6) Notwithstanding anything contained in sub-section (1),--
(a) the gratuity of an employee, whose services have been terminated for any
act, wilful omission or negligence causing any damage or loss to, or destruction
of, property belonging to the employer, shall be forfeited to the extent of the
damage or loss so caused;
(b) the gratuity payable to an employee 6[may be wholly or partially forfeited]--
(i) if the services of such employee have been terminated for his riotous or
disorderly conduct or any other act violence on his part, or
(ii) if the services of such employee have been terminated for any act which
constitutes an offence involving moral turpitude, provided that such offence is
committed by him in the course of his employment.

6.Elucidate the objectives of the child labour (prohibition and regulation) act
1988.

What is Child Labour?

Child labour can be defined or explained as a practice where children are forced
to engage or employed in any sort of economically beneficial activity on a part-
time or a full-time basis. Children engaged in this are generally deprived of basic
childhood experiences such as schooling and are physically and mentally
scarred.
The primary reasons leading to Child Labour can be traced to poverty, lack of
decent schooling and education and growth of the informal economy.
Child labour results in the victimised child being deprived of a healthy and
nurturing environment in which to grow. He/she also generally suffer physical
and mental trauma which can be scarring for life. Apart from not getting an
education, the child is also subjected to various kinds of abuse and this prevents
him/her from blossoming into a happy and healthy adult.
STATEMENT OF OBJECTS AND REASONS
There are a number of Acts which prohibit the employment of children below
14 years and 15 years in certain specified employments. However, there is no
procedure laid down in any law for deciding in which employments,
occupations or processes the employment of children should be banned. There
is also no law to regulate the working conditions of children in most of the
employments where they are not prohibited from working and are working
under exploitative conditions.
2. This Bill intends to-
(i) ban the employment of children, i.e., those who have not completed their
fourteenth year, in specified occupations and processes;
(ii) lay down a procedure to decide modifications to the Schedule of banned
occupations or processes;
(iii) regulate the conditions of work of children in employments where they are
not, prohibited from working;
(iv) lay down enhanced penalties for employment of children in violation of the
provisions of this Act, and other Acts which forbid the employment of children;
(v) to obtain uniformity in the definition of "child" in the related laws.
3. The Bill seeks to achieve the above objects.
7.Write the essential features of contract labour (regulation and abolition)
act 1970.
The essential features of the Contract Labour (Regulation & Abolition) Act,
1970 are stated below.

Composition of the advisory boards

Chapter 2 of the Contract Labour (Regulation & Abolition) Act, 1970 mentions
the establishment and composition of the Central and State Advisory Boards.
The functions of these boards are to advise the Central and state governments
respectively on the matters concerning the administration of the Act, and also
to carry out all the necessary functions assigned under the Act.

Central Advisory Board

The Central Advisory Board consists of a Chairman appointed by the Central

government, the Chief Labour Commissioner, and the Central Government
may nominate eleven to seventeen members to represent the government,
railways, coal industry, mining industry, contractors, workmen and members
from any other fields which, in the opinion of the Central Government ought to
be represented on the Central Advisory Board.

Furthermore, Section 3 of the Act also states that the number of members
nominated to represent the workmen shall not be less than the number of
members nominated to represent the principal employers and the contractors.

State Advisory Board

Section 4 of the Contract Labour (Regulation & Abolition) Act, 1970 states the
composition of the State Advisory Board. It consists of a Chairman appointed
by the state government, the Labour Commissioner of that state and in their
absence, any other officer will be appointed by the state government and the
state government may nominate nine to eleven members to represent that
government, industry, contractors, workmen and members from any other
fields which, in the opinion of the state government, ought to be represented
on the State Advisory Board. However, the number of members nominated to
represent the workmen shall not be less than the number of members
nominated to represent the principal employers and the contractors.

Both Central and State Advisory Boards have the power to form committees
under this Act as they may think fit. The committees will function according to
the provisions of the Act and will carry out all the necessary duties and
responsibilities.

Registration procedure of establishments employing contract labour

The Act lays down the appropriate method for registration of the
establishments employing contract labour. The appropriate government by an
order notified in the Official Gazette will be appointing such persons being
Gazetted Officers of the government as it deems fit to be registering offices
under Chapter 3 of the Act. It further mentions the limits, within which a
registering officer shall exercise the powers and functions as conferred upon
them under the Act.

Registration of certain establishments

Section 7 of the Contract Labour (Regulation & Abolition) Act, 1970 states the
registration procedure of the establishments falling under the Act. The
principal employer of such an establishment must make an application to the
registering office in the prescribed manner. By the appropriate government
notification in the Official Gazette must be made within the stipulated period
for registration of the establishment. In cases of expiration of such stipulated
period, the registering office will only accept applications if the registering
officer is satisfied that the applicant was prevented by sufficient cause from
making the application in time.

After completion of the application of registration, the registering office will

register the establishment and grant the registration certificate to the principal
employer.

Revocation of registration

The registering office has the power to revoke the registration of an

establishment with the approval of the appropriate government if it is satisfied
that the registration of the establishment was received through
misrepresentation, suppression of any material fact, or any other reason which
renders the registration ineffective. However, before revoking the registration
the registering office must give an opportunity to the principal employer of the
establishment to be heard.

Prohibition of employment of contract labour

The Central or state government after consultation with the appropriate

advisory boards may prohibit the employment of contract labour in any
process, operation or other work in any establishment as stated under Section
10 of the Act.

Licencing of contractors

Chapter 4 of the Contract Labour (Regulation & Abolition) Act, 1970 states the
significant requirements and the procedure of licensing of contracts. This
Chapter lays down the required steps for granting, revoking, suspending and
amending a licence.

Appointment of licensing officers

The appropriate government by an order in the Official Gazette may appoint

Gazetted Officers of the government as licensing officers and state their
powers and functions under Section 11 of the Act.

Grant, revocation, suspension and amendment of licences

Any application for granting a licence under this Act must contain the
particulars regarding the location of the establishment, the nature of the
process, operation or work for which contract labour is to be employed. The
granted licence will be valid for the specified period and may be renewed from
time to time.

However, if it comes to the attention of the licencing officer that a licence has
been obtained through misrepresentation, suppression of any material fact or
the holder of the licence has failed to comply with the conditions subject to
granting of the licence or contravened any provision of the Act then the
licensing officer after giving reasonable opportunity to be heard to the licence
holder may revoke, suspend or amend the licence as the case may be.

Procedure for appeal

Section 15 of the Act states that any person aggrieved under any provision of
the Act may appeal to an appellate officer appointed by the appropriate
government within thirty days from the date on which the order is
communicated to them.
Payment of wages

It is the responsibility of the contractor to pay the required wages to each

worker employed under contract labour before the expiry of the stipulated
period. If the contractor fails to make the payment within the stipulated period
then the principal employer shall be liable to make payment of wages in full or
the unpaid balance due. The wages are to be fixed by the Commissioner of
Labour.

Welfare and health of contract labour

Under Chapter 5 of the Act, it is the duty of the principal employer to ensure
that the contractor provides the following facilities adhering to the rules laid
down by the appropriate government.

• If the contractor is employing more than one hundred workmen by

contract labour then one or more canteens shall be provided and
maintained by the contractor for the use of such contract labour.
• Concerning the work of an establishment where contract labour is
required to halt at night, the contractor must provide and maintain
restrooms or other suitable facilities which shall be sufficiently
lighted, ventilated, clean and comfortable.
• The contractor is liable to provide other facilities such as drinking
water, latrines and urinals (separate for men and women), washing
facilities, first-aid, etc.

Infringement of provisions concerning employment labour

Section 23 of the Contract Labour (Regulation & Abolition) Act, 1970 regulates
the proper functioning of the provisions of the Act, it states that if anyone
violates any provisions or any rules concerning the employment of contract
labour or contravenes any condition of a licence granted under this Act will be
punished with imprisonment for a term that may extend to three months or
with fine which may extend to one thousand rupees or both.

The Act further states that if any offence is committed by a company infringing
any provisions of the Act then the company, as well as every person
responsible during the time of the commission of the offence, will be held
liable.

Cognizance of offences

Under Section 26 a court of law can take cognizance of an offence only when a
complaint is made by an inspector, and no court inferior to a Presidency
Magistrate or a Magistrate of the First Class shall try any offence punishable
under this Act.

8.Write a note on regulation and conditions of work of children?

Introduction:
The Child labour (Prohibition & Regulation) Act, 1986 can further be divided into
four parts and one schedule comprising of two more parts of which the provisions
contained in Part III of the Act pertaining to working conditions for children.
Section 7 – Period And Hours Of Work Under the Child Labour Act

• Children cannot be permitted to work in any establishment for more

than what has been prescribed for that class of establishment.
• They cannot be asked or permitted to work in between 7 p.m. and 8
a.m.
• Children need to take an hours rest before starting with three more
hours of work.
• The child labour act has arranged the work period in such a manner
that children won’t have to spend more than six hours in the
establishment comprising of his interval for rest.
• Children are not allowed to work overtime.
• Children cannot work in an establishment on a day when he had
already worked in another establishment.
Section 8 – Weekly Holidays
Children working in an establishment can enjoy a complete day off each week.

Read more about Human Rights and Fundamental Rights here in detail
Section 13- Health & Safety
The appropriate government may issue a notification in the official gazette for
making rules pertaining to the safety and health of children who are employed in
a particular establishment.

The above-mentioned rules might cover any one or all of the following matters:

• Disposal of effluents and waste

• Freedom of workplace from nuisance
• Dust and fume
• Ventilation and temperature
• Lighting
• Latrine and urinals
• Artificial humidification
• Drinking water
• Work either at or near any machinery in motion
• Fencing of machinery
• Spittoons
• Device for cutting power supply
• Easing of new machinery
• Employing children for running dangerous machines
• Training and supervising children running dangerous machines
• Means of access like floor and stairs
• Self-acting machines
• Excessive weights
• Maintenance of buildings
• Protection of eyes
 • Precautions on the occurrence of fire
• Sumps, pits, and floor openings
• Safety of buildings and machinery
• Inflammable dust, gas etc.

9.Write a note on the advisory boards under contract labor (regulation and
abolition) act 1970.

Composition of the advisory boards

Chapter 2 of the Contract Labour (Regulation & Abolition) Act, 1970 mentions
the establishment and composition of the Central and State Advisory Boards.
The functions of these boards are to advise the Central and state governments
respectively on the matters concerning the administration of the Act, and also
to carry out all the necessary functions assigned under the Act.

Central Advisory Board

The Central Advisory Board consists of a Chairman appointed by the Central

government, the Chief Labour Commissioner, and the Central Government
may nominate eleven to seventeen members to represent the government,
railways, coal industry, mining industry, contractors, workmen and members
from any other fields which, in the opinion of the Central Government ought to
be represented on the Central Advisory Board.

Furthermore, Section 3 of the Act also states that the number of members
nominated to represent the workmen shall not be less than the number of
members nominated to represent the principal employers and the contractors.

State Advisory Board

Section 4 of the Contract Labour (Regulation & Abolition) Act, 1970 states the
composition of the State Advisory Board. It consists of a Chairman appointed
by the state government, the Labour Commissioner of that state and in their
absence, any other officer will be appointed by the state government and the
state government may nominate nine to eleven members to represent that
government, industry, contractors, workmen and members from any other
fields which, in the opinion of the state government, ought to be represented
on the State Advisory Board. However, the number of members nominated to
represent the workmen shall not be less than the number of members
nominated to represent the principal employers and the contractors.

Both Central and State Advisory Boards have the power to form committees
under this Act as they may think fit. The committees will function according to
the provisions of the Act and will carry out all the necessary duties and
responsibilities.

10.Define contribution. Examine the law relating to contribution by the

employer and employees under the employee’s provident fund act 1952.

Introduction
The Employee Provident Funds, 1952 is a beneficial legislation enacted for the
betterment of the future of industrial or other related worker:

1. On his retirement.
2. For his dependents in case of death of employment.
This Act is enacted as a social security measure which falls under the ground of
“retirement benefit”, the object of this Act is to inculcate, non withdrawable
financial benefit, the sum is payable normally on retirement or on the death of
the employee. Administration of the scheme given under this act is done by the
central board, state board, and regional committee, a chief executive committee
appointed and constituted by the central government.

PF Contribution:

Contribution for EPF is two parts, one is by the employee, and the other is by
the employer.

Contribution by the employee is, including basic wage, dearness allowance,

retaining allowance and other allowances specified in the act is -12%.

Contribution on the part of the employer is-

• 8.33% (for Employees Pension Scheme Account of Employee)

 • 3.67 % (for Employee Provident Fund Account of Employee)
• 0.50% ( for Employees Deposit Linked Insurance Account of Employee)
• 0.50% ( is Employer has to pay an additional charge for an
administrative account- minimum 500 rupees and if there is no
contribution by the employer that month, an employer must pay
rupees 75)
Example

For example, the employee is getting a basic salary and dearness allowances at
rupees 15, 000.

Employee’s contribution to EPF is 12% of 15,000 that is 1,800.

Employer’s contribution to EPF is 8.33 % of 15,000 that is 1,250.

• Employers contribution for EPF is subtracted from employees

contribution that is (1800-1250=550)
• Total EPF contribution every month is 1800+550=2,350
• Interest for every month is 8.65%/12= 0.7083% (4,700)

11.Discuss the mode recovery of money due from the employer under the
EPF act 1952.

Mode of recovery of moneys due from employers is defined under section 8 of

Employees Provident Funds Miscellaneous Provisions Act, 1952. Provisions
under Section 8 of EPF Act 1952 are :

Section 8 of Employees Provident Funds Miscellaneous Provisions Act, 1952

"Mode of recovery of moneys due from employers"

any amount due -

(a) from the employer in relation to an establishment to which any Scheme or

the Insurance Scheme applies in respect of any contribution payable to the Fund
or, as the case may be, the Insurance Fund, damages recoverable under section
14B, accumulations required to be transferred under sub-section 2 of section 15
or under sub-section 5 of section 17 or any charges payable by him under any
other provision of this Act or of any provision of the Scheme or the Insurance
Scheme; or

(b) from the employer in relation to an exempted establishment in respect of

any damages recoverable under section 14B or any charges payable by him the
appropriate Government under any provision of this Act or under any of the
conditions specified under section 17 or in respect of the contribution payable
by him towards the Pension Scheme under the said section 17, may, if the
amount is in arrear, be recovered in the manner specified in section 8B to 8G.

Section 8B Issue of certificate to the Recovery Officer - Employees Provident

Funds Miscellaneous Provisions Act, 1952

(1) Where any amount is in arrear under section8, the authorised officer may
issue, to the Recovery Officer, a certificate under his signature specifying the
amount of arrears and the Recovery Officer, on receipt of such certificate, shall
proceed to recover the amount specified therein from the establishment or, as
the case may be, the employer by one or more of the modes mentioned below:-

(a) attachment and sale of the movable or immovable property of the

establishment or, as the case may be, the employer;

(b) arrest of the employer and his detention in prison;

(c) appointing a receiver for the management of the movable or immovable

properties of the establishment or, as the case may be, the employer

Provided that the attachment and sale of any property under this section shall
first be effected against the properties of the establishment and where such
attachment and sale is insufficient for recovery the whole of the amount of
arrears specified in the certificate, the Recovery Officer may take such
proceedings against the property of the employer for recovery of the whole or
any part of such arrears.

Section 8C Recovery officer to whom certificate is to be forwarded - Employees

Provident Funds Miscellaneous Provisions Act, 1952

(1) The authorised officer may forward the certificate referred to in section 8B
to the Recovery Officer within whose jurisdiction the employer -

(a) carries on his business or profession or within whose jurisdiction the principal
place of his establishment is situated; or
(b) resides or any movable or immovable property of the establishment or the
employer is situated.

(2)Where an establishment or the employer has property within the jurisdiction

of more than one Recovery Officers and the Recovery
Officer to whom a certificate is sent by the authorised officer -

(a) is not able to recover the entire amount by the sale of the property movable
or immovable, within his jurisdiction; or

(b) is of the opinion that, for the purpose of expediting or securing the recovery
of the whole or any part of the amount, it is necessary so to do, he may send the
certificate or, where only a part of the amount is to be recovered, a copy of the
certificate certified in the prescribed manner and specifying the amount to be
recovered to the Recovery Officer within whose jurisdiction the establishment
or the employer has property or the employer resides, and thereupon that
Recovery Officer shall also proceed to recover the amount due under this
section as if the certificate or the copy thereof had been the certificate sent to
him by the authorised officer.

Section 8D Validity of certificate, and amendment thereof - Employees

Provident Funds Miscellaneous Provisions Act, 1952

(1) When the authorised officer issues a certificate to a Recovery Officer under
section 8B, it shall not be open to the employer to dispute before the Recovery
Officer the correctness of the amount, and no objection to the certificate on any
other ground shall also be entertained by the Recovery Officer.

(2) Notwithstanding the issue of a certificate to a Recovery Officer, the

authorised officer shall have power to withdraw the certificate or
correct any clerical or arithmetical mistake in the certificate by sending an
intimation to the Recovery Officer.

(3) The authorised officer shall intimate to the Recovery Officer any orders
withdrawing or cancelling a certificate or any correction made by him under sub-
section 2 or any amendment made under sub-section 4 of section 8E.

Section 8E Stay of proceedings under certificate and amendment or

withdrawal thereof - Employees Provident Funds Miscellaneous Provisions
Act, 1952
(1) Notwithstanding that a certificate has been issued to the Recovery Officer
for the recovery of any amount, the authorised officer may grant time for the
payment of the amount, and thereupon the Recovery Officer shall stay the
proceedings until the expiry of the time so granted.

(2) Where a certificate for the recovery of amount has been issued, the
authorised officer shall keep the Recovery Officer informed of any amount paid
or time granted for payment, subsequent to the issue of such certificate.

Section 8F Other modes of recovery - Employees Provident Funds

Miscellaneous Provisions Act, 1952

(1) Notwithstanding the issue of a certificate to the Recovery Officer under

section 8B, the Central Provident Fund Commissioner or any other officer
authorised by the Central Board may recover the amount by any one or more of
the modes provided in this section.

(2) If any amount is due from any person to any employer who is in arrears, the
Central Provident Fund Commissioner or any other officer authorised by the
Central Board in this behalf may require such person to deduct from the said
amount the arrears due from such employer under this Act, and such person
shall comply with any such requisition and shall pay the sum so deducted to the
credit of the Central Provident Fund Commissioner or the officer so authorised,
as the case may be:

Provided that nothing in this sub-section shall apply to any part of the amount
exempt from attachment in execution of a decree of a civil
court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908).

Section 8G Application of certain provisions of Income-tax Act - Employees

Provident Funds Miscellaneous Provisions Act, 1952

The provisions of the Second and Third Schedules to the Income-tax Act, 1961
(43 of 1961) and the Income-tax Certificate Proceedings rules, 1962, as in force
from time to time, shall apply with necessary modifications as if the said
provisions and the rules referred to the arrears of the amount mentioned in
section 8 of this Act instead of to the income-tax:

12.Write a short note on object, scope and benefits of the maternity benefit
act 1961.
Introduction:
Maternity as the name suggests is the benefit that every women is entitled to
get as a payment which is payable to her by the employer in her actual absence
during the course of employment.

Women all across the world have lots of responsibilities and have to go through
certain things like pregnancy, childhood, menstruation etc. It may happen that
she has to quit her job to take care of other things. Maternity Benefit Laws are
thus made to help such women so that they can continue to work and reap the
benefits which in turn will create a harmonious environment in the organisation.

Eligibility

A woman must be working as an employee in an establishment for a period of

at least 80 days in the past 12 months to be entitled to maternity benefit under
the provisions of the Maternity Benefit Act.

The main objective of the Act is regulating the employment of women

employees in different establishments for a fixed period and provide maternity
and different other benefits. The Act is an initiative taken by the government
for the security of the women and in a way encouraging the women to work
and to help her in taking care of her child. In 2016 a bill was passed in Rajya
Sabha and the bill was passed and the ‘Maternity Benefit Act 2017 came into
effect from 1st April 2017 which further proved to be a boon for the mothers.
Scope and benefits
The Act applies to all the women who are employed either directly or indirectly
(i.e- by a contractor or an agent), or is working in full term employment or in
contractual basis.

-Section 12 of the Act makes it unlawful if any employer dismisses any women
employer during her pregnancy. In the case of any grave misconduct by the
employee he can take the mandatory steps as per the guidelines and policies of
the company.

-In the previous Act the period of maternity leave was for 12 weeks but after the
amendment the period of the maternity leave is increased from12 weeks to 26
weeks for 2 children however for women having more than 2 children the leave
is for 12 weeks only.

-For those women who adopts a child below the age of 3 months the maternity
leave is for 12 weeks the date of which shall be counted from the day the child
is handed to the women.

-Women may or may not choose to work from home (in private organisations)
depending upon the consent of the employer and the nature of the work after
the expiry of 26 weeks.

– It is mandatory as per the act for the establishments having more than 50
employees to have crèches within a defined distance. The amended act allows
a women- employee to visit the crèches 4 times a day that includes the regular
rest intervals.

-Under the Act it is obligatory for the employer to inform the employees the
maternity benefit rules and laws in writing at the time of their appointment.

Objectives.

The most foundational purpose of the maternity benefit laws is protecting the
dignity of motherhood and Mothers, safeguard her and her child’s health.
Motherhood is the most beautiful time in any women’s life and it’s her right to
enjoy it and give proper care to her child having no worries related to security
of her job.

Further the ratio of working women in the urban sector has increased
remarkably and there is a need to make a gender friendly labour market
providing a propitious and an encouraging environment and thus it was natural
to protect the women in her maternity seeing a large number of female
employees.

Apart from this ‘Indian Labour Organisation’ have made certain standards on
maternity benefits where the fundamental concern is to provide social and
economical security to the women employees and ensure that no risk is posed
to her and her child in any way.

Case Laws:
Municipal Corporation of Delhi v. Female Workers[1]: It was held by the court
that it is unlawful to impel a women employee to do heavy work during her
advanced pregnancy as it can be deleterious for both the foetus and the mother.

Air India v. Nergesh Meerza[2] : Under the termination and retirement policy of
Air India Corporation (AIC) one of the mandatory conditions was that – on the
first pregnancy the women employee will be terminated which was held to be
violative of Article 14,15 and 16 of the Constitution Of India.

13.Write a note on maternity leave under the maternity benefit act 1961.
(i) Duration of maternity leave [S. 5(3)]

The Act states that every woman shall be entitled to a maternity benefit of 12
weeks. The Act endeavours to increase the same to 26 weeks. Furthermore, as
per the prior provisions, a woman could not avail of the said benefit before 6
weeks from the date of expected delivery. The Amendment changes this to a
period of 8 weeks. In the case of a woman having two or more children, the
maternity benefit will continue to be 12 weeks, which cannot be availed before
six weeks from the date of the expected delivery.

(ii) Maternity leave for adoptive and commissioning mothers: [S.5(4)]

The Amendment furthermore grants 12 weeks of maternity leave to, a woman

who legally adopts a child below three months of age; and a commissioning
mother who has been defined as a biological mother who uses her egg to
create an embryo implanted in another woman. The 12 weeks of maternity
benefit will be calculated from the date the child is handed over to the
adoptive or commissioning mother.

(iii) Leave for Miscarriage [S.9]

After a miscarriage or medical termination of pregnancy, a woman shall be

given a 6 weeks maternity benefit on the production of medical documents.

(iv) Leave with wages for tubectomy operation [S.9-A]

After providing necessary medical documents, a woman shall get 2 weeks of

maternity benefit immediately after the operation.
14.Explain the various central government schemes provided under
unorganized workers social security act 2008 to strengthen the unorganized
workers.
Section 3
The Central Government shall formulate and notify, from time to time, suitable
welfare schemes for unorganised workers on matters relating to--

(a) life and disability cover;

(b) health and maternity benefits;

(c) old age protection; and

(d) any other benefit as may be determined by the Central Government.

(2) The schemes included in the Schedule 1 to this Act shall be deemed to be
the welfare schemes under sub-section (1).

(3) The Central Government may, by notification, amend the Schedules

annexed to this Act.

(4) The State Government may formulate and notify, from time to time,
suitable welfare schemes for unorganised workers, including schemes relating
to--

(a) provident fund;

(b) employment injury benefit;

(c) housing;

(d) educational schemes for children;

(e) skill upgradation of workers;

(f) funeral assistance; and

(g) old age homes.

15.Explain the registration procedure and authorities under the Karnataka

shops and commercial establishments act 1961.

For registration and renewal of establishment under the Karnataka Shop and
Commercial Establishment Act, 1961 entrepreneurs can avail the e-
Karmika online facility.

• In case of a new registration, you should register the organisation

within 30 days from the date of commencement of business.
• In case of an existing organisation, you should register the
organisation from the date on which this Act comes into force.
• The registration certificate is valid for five years and it should be
renewed before the expiry date by paying fees and in the manner
prescribed.
• The business owner should display the registration certificate in a
place where everyone can see inside the office premises.
• If you plan to change any information, such change should be notified
in the prescribed format to the registration authority.
• After closing the business establishment, the owner should submit
the registration certificate to the authority.

What are the documents to be uploaded?

• Address proof on the owner (Aadhaar Card/ Voter ID/ Driving License)
• Incorporation Certificate/MoA (In case of Private Limited Company)
• Self-attested letter from the Owner/Authorisation letter from the
Authority.
• Payment Receipt or Challan
 • Registration form signed by the owner

16.Write a note on objectives of special economic zones act 2005.

Introduction:
An SEZ is an enclave within a country that is typically duty-free and has different
business and commercial laws chiefly to encourage investment and create
employment.

• Apart from generating employment opportunities and promoting

investment, SEZs are created also to better administer these areas,
thereby increasing the ease of doing business.
Special Economic Zones Act, 2005
“It is defined as an Act to provide for the establishment, development and
management of the Special Economic Zones for the promotion of exports and
for matters connected therewith or incidental thereto.”
The chief objectives of the SEZ Act are:

1. To create additional economic activity.

2. To boost the export of goods and services.
3. To generate employment.
4. To boost domestic and foreign investments.
5. To develop infrastructure facilities.

17.Write a note on hours of work and annual leave with wages under the
Karnataka shops and commercial establishments act 1961.
Hours of Work
As per the Karnataka Shops and Establishment Act, employees can only work for
nine hours on any day and forty-eight hours in any week. If the employee works
more hours, then wages need to be provided for overtime. Further, the period
of work of an employee in an establishment should be fixed so that, no period
or work exceeds five hours without an interval.

Weekly Holiday
All establishments in Karnataka are required to remain close for one day of the
week and every employee in an establishment must be given at least one whole
day in a week as a holiday for rest. However, if the establishment has sufficient
additional staff, then it can remain open throughout the week.
Annual Leave with Wages
Employees working in an establishment in Karnataka have a permit to avail a
leave with wages at the rate of one day for every twenty days of work done. In
case, of young persons, the employee should be allowed to avail a leave with
wages at the rate of one day for every fifteen days of work performed.

18.Explain the impact of industrial jurisprudence on labor welfare

legislations.
Introduction:
The evolution of Industrial Jurisprudence in India can be traced back to t
he period of post Independence. Before the Independence, the industrial
jurisprudence existed in a rudimentary form. The paramount concern of the
Pre-independence industrial jurisprudence was the amelioration of the
working condition of the workers at the factories. There was hardly any deal
with the social justice to
the working class. It was only after the commencement of our Constituti
on, that the adequate provisions for the social justice to the workers were
inserted.
Trade Union Freedom:

One of the basic features for successful labour law of any economy is the
freedom of trade union. The freedom signifies how the particular economy is
free, open and liberal with such freedom the path of trade union for self-
reliance; self-control inner and outer democracy shall get accelerated.

Right to Strike: The constitution, Courts and Adjudication.

In India many a times the strikes are the answer to many problem like lack of
proper trade union consciousness or lack of legal awareness about the
consequences of strikes or for non-payment of proper wages, stringent
working conditions, failure of collective bargaining system and other methods
of settlement of industrial dispute, involvement of political parties, dominating
attitude of the management, failure in providing labour welfare and social
security, the right to strike has also been recognized in all democratic societies
reasonable restrain use of this proper is also identified.

Rights for Workers enumerated under the Indian Constitution in accordance

with Industrial Jurisprudence
In specific, Article 24 of the Constitution specifies that no child under the age
of 14 will be engaged in any industrial production or factory.

Article 38 , it was explicitly stated that “the state shall strive to promote the
welfare of the people.”

Article 39 ordains that it shall be the duty of the State to apply certain
principles of social justice in making laws. It says citizens are not forced by
economic necessity to enter avocations unsuited to their age or strength.

The Condition that is diverted by Article 42 also directs the State to make
provision for just and fair assurances Working life and maternity opportunities.
The State shall always seek to guarantee, by relevant law provided through
sufficient commercial entity Agricultural, or in some other way, to all staff Job,
a living wage, manufacturing or otherwise, working conditions guaranteeing a
decent standard of life with complete satisfaction.

Article 43 provides that the State shall take the required action by way of
relevant laws or in any other means to guarantee the involvement of Staff in
the management of enterprises, establishments, or other decision-making
activities that are active in each enterprise.

Adoption of measures on social security of workers under the International

Labour Organisation

In 1952 the International Labour Organization introduced the Convention on

Social Security (Minimum Norms), which combines widely agreed fundamental
values and standard social security requirements. The implementation of
socio-economic growth concepts which had secured advances in this area
across the world. Accordingly, a variety of social welfare laws and regulations
were enforced in India. To enhance the quality of labour maintenance with a
view to the growth of industry and the national economy.

19.How to determine the contribution towards provident fund? Is there any

mechanism to recover dues from the employer?
Refer Earlier Answer.
20.Write a note on procedure for fixation of minimum wages.
Section 5 of Minimum Wages Act – Procedure To Fix Or Revise Minimum
Wages

• When the minimum wage rate of scheduled employment is fixed, or

revised for the very first time under this act,
o As many committees and sub-committees can be
appointed as necessary.
o A notification containing the relevant proposals can be
published in the official gazette containing information
related to people who might be affected by the same. A
date also needs to be specified within a span of two
months from the date of notification within which the
proposals should be considered.
• The appropriate government can issue a notification in the Official
Gazette after considering the advice of the committee to fix or revise
the minimum wage rate.

21.Write a note on Central advisory board and state advisory board under
the contract labor(regulation and abolition) act 1970.

Earlier Answer

22.What is minimum wage? What are its components? Explain.

Introduction:

Minimum wages have been defined as “the minimum amount of

remuneration that an employer is required to pay wage earners for the work
performed during a given period, which cannot be reduced by collective
agreement or an individual contract”.1

This definition refers to the binding nature of minimum wages, regardless of

the method of fixing them. Minimum wages can be set by statute, decision of a
competent authority, a wage board, a wage council, or by industrial or labour
courts or tribunals. Minimum wages can also be set by giving the force of law
to provisions of collective agreements.

The purpose of minimum wages is to protect workers against unduly low pay.
They help ensure a just and equitable share of the fruits of progress to all, and
a minimum living wage to all who are employed and in need of such
protection. Minimum wages can also be one element of a policy to overcome
poverty and reduce inequality, including those between men and women, by
promoting the right to equal remuneration for work of equal value.

Components of the minimum wage

The minimum wage consists of the basic wage and a number of allowances,
e.g. for shift work and irregular working hours. Some income components,
such as overtime pay, are not included in the calculation of the minimum
wage. Your payslip will state the statutory minimum wage payable to you.

The statutory minimum wage is based on the gross wage payable for a normal
working week, i.e. before overtime payments. Gross wage can consist of:

• the basic wage agreed in your contract;

• performance-related payments and allowances for shift work, irregular
hours, etc.;
• weekly or monthly fixed payments for the turnover you generate;
• work-related payments by third parties, e.g. tips or payments agreed
between you and your employer;
• the total of these amounts may not be lower than the minimum wage.

Income not included in the minimum wage

Some income components are not included in the calculation of the minimum
wage:

• overtime pay;
• leave allowance;
• profit shares;
• special payments, e.g. incidental payments received for reaching sales
targets;
• future payments you receive subject to certain conditions (e.g. pension
and saving schemes to which the employer contributes);
• expense allowances;
• end-of-year allowances.

Part-time work and the minimum wage

Your gross minimum wage depends on how many hours you work. If you work
part time the gross minimum wage is proportionately lower.
23.What are the powers and duties of inspectors under the employee’s
provident fund and miscellaneous provisions act 1952?
Central Powers of Inspectors in fulfilling the objectives of employees’ provident
funds and miscellaneous provisions act 1952 are given below:

Central Powers of Inspectors

1. Require an employer or any contractor from whom any amount recoverable
under Sec. 8-A to furnish such information as we may consider necessary;

2. At any reasonable time and with such assistance, if any, as he may think fit
enter and search any establishment or any premises connected therewith and
require any one found in charge thereof to produce before him for
examination any accounts books, registers and other documents relating to
the employment of persons or the payment of wages in the establishment;

3. Examine, with respect to any matter relevant to any of the purpose

aforesaid, the employer or any contractor from whom any amount is
recoverable under Section 8A his agent or servant or any other person found in
charge of the establishment or any premises connected therewith or whom
the inspector has reasonable cause to believe to be or to have been an
employee in the establishment;

4. Make copies of or take extracts from any book, register or other documents
maintained in relation to the establishment and where he has reason to
believe that any offence under this Act has been committed by an employer,
seize with such assistance as he may think fit, such book, register or other
documents or portions thereof as he may consider relevant in respect of that
offence.

5. Exercise such other powers as the Provident Fund Scheme and Insurance
Scheme may provide.

24.Explain the salient features or provisions of prevention sexual harassment

act 2013.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, 2013 and Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Rules, 2013 (“Sexual Harassment Act”
or “Act”), as the title indicates, prevents, prohibits and redresses sexual
harassment of women at workplace.

As a first step towards prevention and prohibition of sexual harassment at

workplace, Supreme Court of India in Vishaka v. State of Rajasthan, in the year
1997, laid down guidelines for prevention of sexual harassment at work places
until the government came up with a legislation.

The Government of India, in the year 2013, legislated Sexual Harassment Act.
The Act incorporates guidelines issued in Vishaka case by Supreme Court of
India.

The Act states its objectives as prevention of violation of fundamental rights of

a woman employee under article 14 (equal protection under the laws), article
15 (prohibition of discrimination on race, caste, religion, sex, etc.) and article
21 (protection of life and personal liberty) of the Constitution of India.

Sexual harassment

Section 2(n) of the Act provides an inclusive definition of sexual harassment of

a woman employee at work place. Sexual harassment includes:

1. Physical contact and advances;

2. A demand or request for sexual favours;
3. Making sexually coloured remarks;
4. Showing pornography; and
5. Any other unwelcome physical, verbal, or non-verbal conduct of sexual
nature.

While clauses (1) to (4) above are self-explanatory, clause (5) is very wide and
would also cover the following instances:

1. Any verbal comment or sound which may be construed as sexual in

nature;
2. Sharing adult jokes may also be construed as sexual in nature;
3. Staring, or touching, or patting;
4. Stalking a woman employee;
5. Checking out a woman employee; and
6. Other gestures, sounds or comments which may be construed as sexual
in nature.
Any implicit or explicit promise of preferential treatment or detrimental
treatment or creation of hostile environment in her employment for gaining
sexual favours would be construed as sexual harassment.

Redressal mechanism

Constitution of Internal Complaints Committee

Every employer employing 10 (ten) or more employees, would need to

constitute an internal complaints committee (“Internal Committee”). The
Internal Committee would comprise of employees and a member of non-
government organisation. The presiding officer of the Internal Committee
would need to be a woman employee.

Constitution of Local Complaints Committee

The government may notify a District Magistrate or Additional District

Magistrate or Collector (“District Authority”) to exercise powers or discharge
functions for every district under the Act. The District Authority to constitute
Local Complaints Committee (“Local Committee”) with a woman as its
chairperson.

(Any reference to either Internal Committee or Local Committee will be

referred to as a “Committee”)

Complaint by the aggrieved woman employee and redressal thereof

An aggrieved woman employee, or her legal heir on her behalf, or with her
written permission, any other person, may make a written compliant to the
Internal Committee within a period of 3 (three) months from the date of the
sexual harassment incident. If the employer doesn’t constitute Internal
Committee, the aggrieved woman employee may make a written complaint to
the Local Committee. The above period of 3 (three) months may be extended
by another 3 (three) months if reasonable reasons exist for delay in filing a
complaint.

At the request of aggrieved employee, the Committee may initiate conciliation

process. It may be noted that the Act doesn’t allow monetary settlement
during conciliation process.
If aggrieved woman employee doesn’t choose conciliation process, then the
Committee would need to conduct inquiry proceedings into the compliant in
accordance with the principles of natural justice.

For the purposes of inquiry, the Committee will have all the powers of civil
court under the Code of Civil Procedure, 1908 in respect of:

1. Summoning and enforcing attendance of any person and examining

him/her on oath;
2. Requiring discovery and production of a document.

The process for inquiry of compliant filed by an aggrieved woman employee

would need to be completed within a period of 90 (ninety) days from the date
of filing of compliant with the Committee. Within 10 (ten) days after the
conclusion of inquiry proceedings, the Committee will need to send its report
and recommendations to the employer or District Authority, as the case may
be.

Where the Committee finds that that the compliant is malicious, then it may
recommend action against the woman employee. It may be noted that identity
and address of the victim needs to be kept confidential by the Committee and
government officers.

Punishment and appeals

If the alleged offender is proved guilty, the Committee has the authority to
order the offender to make a payment of such compensation to aggrieved
woman as it may deem fit. If the offender fails to pay the compensation to the
aggrieved woman employee, then on the recommendation of the Committee,
District Authority may recover the amount as a land revenue.

On the recommendation of Committee, employer or District Authority may

also take the following actions against the offender:

1. Written apology;
2. Warning, reprimand or censure;
3. Withholding of promotion or pay rise;
4. Termination of employment;
5. Undertaking counselling sessions or community service.
The punishment under the Act would be in accordance with services rules of
the employer. In the event employer doesn’t have service rules, then
punishment would be in accordance with the rules under the Act.

Any person aggrieved with the recommendations of the Committee may

appeal within 90 (ninety) days to the appellate authority.

Duties of employer

The Act specifically enlists the following as the duties of employer:

1. Provide a safe working environment;

2. Display at a conspicuous place, penal consequences for sexual
harassment;
3. Organise workshops for employees and orientation programs for the
Committee;
4. Assist in securing the attendance of offender and witness;
5. Provide assistance to aggrieved woman employee;
6. Initiate action under Indian Penal Code if the offence requires such
action or offender is not an employee.

25.Write a note on effects of globalization on industry and labour.

Introduction:
Globalization, the world has made its way into the era of economic,
institutional, and cultural integration. It is the brainchild of capitalism, and the
advocates of globalization assert that the promotion of free trade intensifies
the competition among nations, and the foreign direct investment (FDI) will
help in the economic growth and development of both the developed and
developing economies in the world.

Changing labor force

No doubt, the global shift towards more liberal markets, privatization factors
of production, and greater division of labor has opened up the opportunities
for specialized talents. However, at the same time, it has resulted in adverse
consequences with respect to the matters relating to wages, employment,
working conditions, and, most importantly, the labor relations in many
developing countries.
Government regulations on industrial relations

The increasing global demand for flexible labor has led to changes in the
manner in which the human resources are mobilized in the workplace, working
practices and wages, mobility of the workforce, and the set of skills expected
from individual labor. However, this process naturally challenges institutionally
and statutorily regulated industrial relation systems in many countries.

The multidimensional nature of globalization

The impact of globalization on industrial relations can be analyzed at regional,

national, and international levels. The multidimensional nature of globalization
characterized by the free flow of capital and labor, increasing competition,
development of information and communication technology are supposed to
create opportunities for the skilled workforce and present some significant
challenges to the industrial relation system of the country. The extent of this
impact of globalization varies from one country to another. It is determined by
the institutional setting within each country.

Globalization affects industrial relations systems both directly and indirectly,

and the factors surrounding it. For instance, internationalization of markets,
free movement of capital and labor, increasing competition, and markets’
importance impact the global industrial relations systems. While it accelerates
economic interdependence between countries, it can lead to convergence in
global industrial relations. With more organizations starting to take their
business global, work standards and wages start to level out, and unions have
to alter their recruitment policies to prepare for differences in work culture.
26.“The fundamental rights and directive principles of state policy are the
backbone of the industrial jurisprudence in India” Elucidate.
Introduction:
The Constitution of India is the touchstone for any Act passed in our country. The
Constitution of India is the largest written constitution of the world. Each and
every act which was in force before the enactment of our constitution were
either amended or nullified after its enforcement. Our constitution plays an
important part in the changes and growth in labour laws in India. The
Fundamental Rights and Directive Principles of State Policy enshrined in Part III
and Part IV mentions working class related benchmark laws.
Part III of the Constitution of India is the benchmark for labor laws in India. Also,
Part III (Article 12 to 35) of the Constitution covers the fundamental rights of its
citizens which includes Equality before the law, Religion, Sex, caste, place of birth,
the abolition of untouchability, freedom of speech and expression and prohibition
of employment of children in factories.

Article 14
Equality before the law which is interpreted in labor laws as “Equal pay for Equal
work”. It does not mean that article 14 is absolute. There are a few exceptions in
it regarding labor laws such as physical ability, unskilled and skilled labors shall
receive payment according to their merit.

In the case of Randhir Singh vs Union of India, the Supreme Court said that “Even
though the principle of ‘Equal pay for Equal work’ is not defined in the Constitution
of India, it is a goal which is to be achieved through Article 14,16 and 39 (c) of the
Constitution of India.

Article 19 (1) (C)

Constitution guarantees citizens to form a union or association. The Trade Union
Act, 1926 works through this Article of the Constitution. It allows workers to form
trade unions.

Trade Unions provide the power to raise voice against atrocities done to the
workers. Unionization brings power to the laborers. Trade Unions discuss various
labor-related problems with the employers, they conduct strikes, etc.

Article 23

Constitution prohibits forced labour. When the Britishers ruled over India, forced
labour was prevalent all over India. They were made to work against their will and
weren’t paid according to their work. The Government at that time were infamous
for forced labour and the landlords were also involved in forced labour.
In current times, forced or bonded labour is an offense which is punishable under
the law. The Bonded Labour (Abolition) Act, 1976 prohibits all kinds of bonded
labour and is declared illegal.

Article 24
Constitution prohibits all forms of child labour. Nobody can employ a child under
the age of 14 to work. Child labour was a massive problem of our country in the
earlier times and it still is happening but at a lower scale. The penalization of article
24 is severe.

Relevancy of Part IV (Article 36 – 51) on Labour Laws

Part IV of the Constitution of India, which is also known as the “Directive Principles
of State Policy” aims to work toward the welfare of its citizens. DPSP cannot be
enforced in the court of law, but it provides a guideline to the legislature for
making labour laws in India.

Article 39 (a)
“The State shall, in particular, direct its policy towards securing; That the citizens,
men and women equally, have the right to an adequate means of livelihood. It
means that every citizen of the country has the right to earn a livelihood without
getting discriminated on the basis of their sex.

Article 39 (d)
Constitution says that “The State shall, in particular, direct its policy towards
securing; that there is equal pay for equal work for both men and women. Wages
will not be determined on the basis of sex rather it will be according to the amount
of work done by the worker.

Article 41
Constitution provides “ Right to Work” which means that every citizen of the
country has the right to work and the state with the best of its abilities will secure
the right to work and education.

Article 42
Provides for the upliftment of the working conditions for workers. It talks about
creating a suitable and Humane workplace. This article also talks about maternity
relief, i.e leave provided to women when they are pregnant.

Article 43
Talks about the “living wage” for its citizens. Living wage not only includes the
“bare necessities of life” but also the social and cultural upliftment of the person.
It also includes education and insurances for a person.

The State shall constantly try to create opportunities in the fields of Agriculture
and Industries with special reference to cottage industries.

Conclusion

Constitution of India is the base for all laws in our country. The labour laws are also
made according to the constitution and any violation of constitutional laws result
in the abolition of that particular law. The Directive Principles of the State policy
play a major role in the making of new labour laws in India.

List of major Labour law Acts in India

• The Minimum Wages Act, 1948

• The Payment of Wages Act, 1936
• The Trade Unions Act, 1926
• The Industrial Disputes Act, 1947
• The Factories Act, 1948

27.Explain the impact of industrial jurisprudence on Labour legislations.

Introduction:

For the efficient functioning of a working unit an amicable

environment, cooperation between theworkers and the employers, reasona
ble remuneration and proper working condition are the prerequisites. From
the laissez faire to the ‘welfare state’, the socio-economic conditions have
faced drastic changes, not only in India but also across the world.
The industrial position that prevailed in the pre-independence era of India
does not remain pristine. The industrial revolution in India brought with it
certain inhumane as well as unjust aspects of the colonial era. To cope with
these problems, industrial legislations were enacted in India. To keep pace
with the changing socio-economic conditions in India, the Legislature as well as
the Courts had to check the unfavourable growth of the industrial legislations.
The concept of industrial jurisprudence in our country developed only after
independence until Independence the change in attitude of the Government
and the benevolent labour legislation only amelioration of the conditions of
labour and it could hardly be said to be deal in Social justice to the working class
the birth of industrial jurisprudence in our country maybe ascribed to the
constitution of India which made more articulate and clear the Industrial
Relations philosophy of republic of India this philosophy has awarded the broad
and clear guidelines for development of our industrial jurisprudence and has the
second India one step forward in her Quest of industrial harmony the Parliament
and the Supreme Court has helped in shaping industrial jurisprudence the
former through legislation and the latter as interpreter of a Labour Law.

EVOLUTION OF INDUSTRIAL JURISPRUDENCE IN INDIA.

The evolution of Industrial Jurisprudence in India can be traced back to t
he period of post Independence. Before the Independence, the industrial
jurisprudence existed in a rudimentary form. The paramount concern of the
Pre-independence industrial jurisprudence was the amelioration of the working
condition of the workers at the factories. There was hardly any deal with
the working class. It was only after the commencement of our Constituti
on, that the adequate provisions for the social justice to the workers were
inserted.
Before the Independence, India was not only a great agricultural country,
but also a manufacturing country. But the British Government, as a matter of
their policies always tended to discourage the Indian industries. This led to a
widespread nationalism in India, which laid emphasis on the boycott of the
foreign goods. Further a non-cooperation movement saw its birth that is also
called swadeshi movement, which emphasised on the use of indigenous
goods and boycott of the foreign goods.

The aspect of industrialisation in India was based on the program

of planning, which was accepted after thirties.

It is important to take into consideration that the plantation industry of Assam

was the first to attract the industrial legislation. The situation there was that
the employers exercised hard practices against the employees. The employees
were not allowed to leave the tea gardens. A number of Acts were passed from
1863 onward, but they only protected the interests of the employers. Some
other Act.

Trade Union Freedom:

One of the basic features for successful labour law of any economy is the
freedom of trade union. The freedom signifies how the particular economy is
free, open and liberal with such freedom the path of trade union for self-
reliance; self-control inner and outer democracy shall get accelerated. In such
social and economic society like India where still 44% of population are under
the poverty line it is not expected by them to know the laws and strive hard for
them here comes the gap which has to be filled by judiciary. In India the trade
union are philosophy used in social lieu and economic exploitation, political
oppression in such economy may at times even the trade union could be
considered as the suspicious hence it is necessary for both the regulating and
judicial process are considered as the major instrument for defeating and
denying and controlling trade union freedom.

It tends to be said that in the before times in India the colonial Trade Union Act,
1926, and the different open public security laws. Fundamental Services Act,
Criminal Law Amendment Act, The Indian Penal Code, The Police Act and the
Criminal Procedure Code, are a couple of precedents, just such a state of mind
hold on in the most recent many years of the twentieth century in the
appearance of National Security Act, 1980 and the Essential Services
Maintenance Act. In so far as Indian adjudicatory procedures as exemplified in
the Industrial Dispute Act, 1947 and other work the board laws is concerned, it
has been tilting towards social equity as opposed to exchange association
freedoms. Considering above for economic development and improved
industrial relations the productivity, evolution of Industrial jurisprudence is
essential.

The Supreme Court and High court have played an important role in
revolutionizing the methods, approaches and interpretations paving a way
towards new industrial jurisprudence by plying the powers of judicial review. It
is not merely the laws but there are even certain cases by introducing the new
character and new action in course has strengthen the legal provision for labour
law of India. Initially the demand of trade union on higher ages was dismissed
by high round because of reason that court cannot alter the contractual
obligation between the parties. But after the case of Western India Automobile
Association Vs Industrial Tribunal social interest is considered prime for
securing peace and harmony between employer and work me.
Supporting the above judgment in the case of State of Bihar vs
Kameshwar the Supreme court of India very clearly advocated the new idea of
social justice in form of general interest of the community.
Certain judiciary bodies the judges have made tremendous efforts for
delivering justice for working class. Justice V.R Krishna Iyer made a philosophy
that “the principles of the scientific management tend to value technical
efficiency about the human factors may not hold goods in managing human
beings who have clearly demonstrated in recent years that they cannot be
treated a cog in the wheel of machinery. They would like to have responsibility
and respectable place in society and also in industry where they work for
about 100 years.
Right to Strike: The constitution, Courts and Adjudication.
In India many a times the strikes are the answer to many problem like lack of
proper trade union consciousness or lack of legal awareness about the
consequences of strikes or for non-payment of proper wages, stringent
working conditions, failure of collective bargaining system and other methods
of settlement of industrial dispute, involvement of political parties, dominating
attitude of the management, failure in providing labour welfare and social
security, the right to strike has also been recognized in all democratic societies
reasonable restrain use of this proper is also identified. Further the employers
also have the liberty to apply the weapon of lock – out in case people fail to
comply with the regulations of agreement of employment. The diploma of
freedom granted for its workout varies in line with the social, economic and
political variations within the device for securing public interest, the hotel to
strike or lock – out and in a few cases the duration of either problem to
guidelines and policies or voluntarily agreed to via the parties or statutorily
imposed this has been criterion underline the earlier legislation for regulating
commercial relations within the country.

In case of Romesh Thappar there was an attempt made to include theory of

connection within the ambit of constitution i.e., to imply right to strike within
the confines of Article 19(1)(c). Similarly in case of All India Bank Employee’s
Association Vs. Tribunal and others the right guaranteed by Art 19(1)(c) of
the Constitution of India does not carry with it concomitant right that unions
formed for the protection of the interests of labour shall achieve their object
such that any interference to such achievement by any law would be
unconstitutional unless it could be justified under Article 19(4) of the Indian
Constitution as being in the interest of public order or morality. The right
under Article19(1)(c) extends only to the formation of an association or union
concerned or as regards the steps which the union might take to achieve its
object, they are subject to such laws and such laws cannot be tested under
Article 19(4) of Indian Constitution.

28.What are the principles underlying labour legislations? Explain.

Introduction:
The principles of modern labour legislation dictate the formulation of the
rights and entitlements of the working people in a civilised society. The current
labour laws of India provide for a social security net to every citizen in the form
of progressive benefits like health insurance, old-age pension, maternity
benefits, payment of gratuity, etc. The Labour Laws of India cover both public
and private employment and govern activities that provide the fundamentals
for social security and an equitable balance between employers and
employees. The Equal Remuneration Act of 1976 aims at abolishing inequality
between men and women in all matters relating to employment.

Principles of Modern Labour Legislation:

The principles of modern labour legislation formulate the rights and

entitlements of the working people in a civilised society. The current labour
laws of India provide for a social security net to every citizen in the form of
progressive benefits like health insurance, old-age pension, maternity benefits,
payment of gratuity, etc.

Following are the principles of Modern Labour Legislation: social justice, social
equality, social security, social welfare, national economy, and international
solidarity.
 1. Social justice: Social justice in India means providing an opportunity to
all the citizens of India to reach their full potential, realise their
fundamental freedoms, and pursue their goals equally, such as
education, health care, etc.
2. Social equality: Social equality in India implies that all citizens should
have equal opportunities for education and employment, for example,
providing free & compulsory education to all children.
3. Social security: Social security in India means that if any one of the
citizens of India cannot provide for their basic needs by themselves, then
the state shall provide for them.
4. Social welfare: In India, the state shall provide relief to any citizen who
might face a calamity or someone who has some illness or disability.
5. National Economy: The national economy or Gross Domestic Product
(GDP) means domestic production and net exports minus imports.
6. International Solidarity: International solidarity in India is being
promoted by the WTO, the UN, and other international organisations. It
states that all nations should live in peace.

Classification of Labour Legislation in India

The labour laws in India have been classified into four categories:

1. Central Legislation on Industrial Relations. (Fifth Schedule of the

Constitution)

2. Industrial Employment (Standing Orders) Acts of the States and Union

Territories.

3. State-specific legislation, such as Factories Act 1948 or Shops &

Establishments Acts in different states

4. Labour and social laws of India, such as Maternity Benefit Act, Payment
of Gratuity Act, various provident fund Acts, etc.

29.Write a note on Contract labour regulation and abolition act 1970.

Introduction:

Contract labour is the system of employing labourers through a contract by a

contractor for a specified period. A workman is known as a contract labourer
when they are assigned to a work of an establishment for a specific period
through a contract by a contractor with or without the knowledge of the
principal employer. Contract workmen are indirect employees; a contract
worker is a daily wager or the daily wages are accumulated and given at the
end of the month. It is the responsibility of the contractor to hire, supervise
and remunerate contract labourers.

Objective and scope of the Act

The objective and scope of the Act are:

• To prevent exploitation of contract labour.

• To provide proper and habitable working conditions.
• To regulate the functioning of the advisory boards.
• To lay down the rules and regulations regarding the registration
procedure of the establishments employing contract labour.
• To state the necessary requirements and the procedure of licensing of
contracts.
• To provide the penal provisions in case of violation of offences under
the Act.

Applicability of the Contract Labour (Regulation & Abolition) Act, 1970

Section 1(4) mentions the establishments where the Act will be applicable:

• Any establishment where twenty or more workmen are employed or

were associated as contract labour on any day during the preceding
twelve months.
• Any contractor who employs or employed twenty or more workmen
as contract labour on any day of the preceding twelve months.
• The Act is also applicable to every establishment if the workmen are
employed in the establishment as ‘contract labour’. Section 2(b) of
the Act states that a workman is deemed to be employed as contract
labour when he is hired in or in connection with such work by or
through a contractor with or without the knowledge of the principal
employer.
• The Act does not apply to any organisation or establishments where
any work of intermittent or casual nature is performed. The Act states
 that a work is deemed to be of intermittent nature if it is performed
for less than 120 days in the preceding twelve months or it is of non-
seasonal character and is performed for less than 60 days in a year.
• The Act is not applicable to a person who is appointed in an advisory
or managerial capacity.

30.Write a note on compulsory insurance under Gratuity Act.

4A. Compulsory insurance.—
(1) With effect from such date as may be notified by the appropriate
Government in this behalf, every employer, other than an employer or an
establishment belonging to, or under the control of, the Central Government
or a State Government, shall, subject to the provisions of sub-section (2),
obtain an insurance in the manner prescribed, for his liability for payment
towards the gratuity under this Act, from the Life Insurance Corporation of
India established under the Life Insurance Corporation of India Act, 1956 (31 of
1956) or any other prescribed insurer:
Provided that different dates may be appointed for different establishments or
class of establishments or for different areas.
(2) The appropriate Government may, subject to such conditions as may be
prescribed, exempt every employer who had already established an approved
gratuity fund in respect of his employees and who desires to continue such
arrangement, and every employer employing five hundred or more persons
who establishes an approved gratuity fund in the manner prescribed from the
provisions of sub-section (1).
(3) For the purpose of effectively implementing the provisions of this section,
every employer shall within such time as may be prescribed get his
establishment registered with the controlling authority in the prescribed
manner and no employer shall be registered under the provisions of this
section unless he has taken an insurance referred to in sub-section (1) or has
established an approved gratuity fund referred to in sub-section (2).
(4) The appropriate Government may, by notification, make rules to give effect
to the provisions of this section and such rules may provide for the
composition of the Board of Trustees of the approved gratuity fund and for the
recovery by the controlling authority of the amount of the gratuity payable to
an employee from the Life Insurance Corporation of India or any other insurer
with whom an insurance has been taken under sub-section (1), or as the case
may be, the Board of Trustees of the approved gratuity fund.
(5) Where an employer fails to make any payment by way of premium to the
insurance referred to in sub-section (1) or by way of contribution to an
approved gratuity fund referred to in sub-section (2), he shall be liable to pay
the amount of gratuity due under this Act (including interest, if any, for
delayed payments) forthwith to the controlling authority.
(6) Whoever contravenes the provisions of sub-section (5) shall be punishable
with fine which may extend to ten thousand rupees and in the case of a
continuing offence with a further fine which may extend to one thousand
rupees for each day during which the offence continues.
Explanation.-- In this section approved gratuity fund shall have the same
meaning as in clause (5) of section 2 of the Income-tax Act, 1961 (43 of 1961).

BY
ANIL KUMAR K T LLB COACH