Maharashi Dayanand University (MDU) 2009-4th Year L.LB General Labour Law of LL.B annual of Department of Law, , Rohtak - Question Paper

Time allowed: three hours

Maximum marks: 100

Note: Attempt 5 ques. in all, by selecting at lowest 1 ques. from every unit. All ques. carry equal marks.

Unit one

1. a) Write a short note on development of Trade union's legal regulations in India.

b) A,B,C,D & E all are workmen decided to form a Trade union and for registration of that trade union they misguided the Registrar that they are 7 in number. Believing on their statement, Registrar issued a certificate of Registration. Decide the legal status of Trade union.

2. a) How notice is served for claims of accident under Workmen's Compensation Act, 1923.

b) An Industrial dispute was pending before the conciliation officer and it was negotiated by conciliation officer without participation of Trade union. Later on Trade union raised the ques. regarding validity of the settlement. Whether trade union would succeed in its action? Decide with the help of case legal regulations.

Unit two

3. a) elaborate salient features of Minimum Wages Act, 1948?

b) Andhra Pradesh government revised and fixed the minimum wages under the Minimum Wages Act, 1948. The quantum of wages fixed on the humanitarian grounds. Decide whether it can be judicially reviewed or not?

4. a) How fixation of minimum wages are determined?

b) The committees and sub-committees appointed under the Minimum Wages Act, 1948 gave advice to the government for revision of wages. Government ignored their advise. Decide this in the light of provision of the Minimum Wages Act, 1948?

Unit three

5. a) explain the object and main features of the Industrial Disputes Act, 1947.

b) Whether Industrial Tribunal have powers to grant Interim relief under Order 39 Rule one & two of civil procedure code.

6. a) Write a short note on powers of labour courts under Industrial Disputes Act, 1947.

b) For modification of standing order for fixation of age of retirement without notice to the employees and without compliance of provisions whether relevant provisions are attracted to such an application. Decide.

Unit four

7. a) discuss strike and lock out.

b) 1 kohle, a typist and secretary of the Punjab National Bank employees union of Delhi applied for leave. The management declined to grant him leave and he remained absent from duty. The management suspended him pending further enquiry. The employees stick to their seats and refused to work. The bank gave notice that unless the strikers resume their duties by a specified date they would be treated as having voluntarily ceased to be employees. Decide what is the nature of the employee activity in sticking to their seat but refusing to work? Whether it is criminal trespass or strike.

8. a) Write a short note on Unfair Labour practices.

b) Shyam an employee of 'X' mills served a different master during the period of lay off in 'Y' mill. When workers begin to resume the work and claim compensation for work Shyam also claimed compensation and management objected that he served the other master during lay off period. Decide whether he is entitled to compensation or not.

Unit five

9. a) explain Hazardous process under the Factories Act, 1948.

b) The petitioner was running a petrol pump. On inspection of the premises of the petitioner on November 7, 1993, 16 persons were obtained working and hence a notice was sent demanding contribution under the Employees State Insurance Act from August 1993 to May 2000. The petitioner objected the demand of contribution on the ground that no manufacturing process was being carried so as to bring the petitioner within the definition of factory under the Act. So, decide elaborate the grounds to include any establishment in the definition of factory?

10. a) What provisions are provided for employment of young persons under the Factories Act, 1948?

b) Shabnam and Chahat were adolescent female workers. They have provided a certificate of fitness at work in a factory as an adult. Employer of factory replace the standing order and get certificate from improper authority according to which those women workers have to work from 12 P.M to 11 P.M but they challenged the validity of this standing order. Decide whether employer can compel female workers to work during these working days.

Earning:   Approval pending.