University of Delhi 2010-1st Year M.Com Commerce 2nd NSTRIAL LAW UNIVERSITY - Question Paper
This question paper contains 32+8 printed pages]
Your Roll No
6488
Course 450INDUSTRIAL LAWS (Admissions of 2004 and onwards)
Time 3 Hours Maximum Marks 75
W? : 3 : 75
Note The maximum marks printed on the question paper are applicable for the candidates registered with the,School of Open Learning These marks will, however, be scaled down proportionately in respect of the students of regular colleges, at the time of posting of awards for compilation of result \
f Write your Roll No on the top immediately on receipt of this question paper )
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Note Answers may be written either m English or in Hindi, but the same medium should be used throughout the paper
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All questions are compulsory and carry equal marks Credit will be given for answers supported by case laws, if any
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1. Answer the following queries under the EPF and MP Act, 1952 citing case law, if any Each carries equal marks
(i) How much administrative charges an employer is required to pay under the EPF Act 9
(.) Whether an employee can make non-family member as nominee under the EPF schemes ?
(ui) Who will be covered by the Pension Scheme 7
(w) How many years service is required to be eligible to receive member pension 9
(u) Suppose an employee does not have a Family and he/she dies before receiving benefit Does his/her pension get lost 9
(w) Employees drawing salary more than the prescribed limit if by mistake covered under the EPF Act, can such excluded employee be withdrawn from the scheme 9
(vu) Is there any prescribed period for the eligibility of an employee 9
(vui) Does the coverage end when the numbers of employees are reduced below the prescribed limit ?
(a:) Whether two establishments with common directors/partners are treated as single unit or two independent units 9
(ac) Is the director getting salary from the company covered as employee under the EPF and MP Act 9
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ixi) Whether amount paid to employees towards encashment of leave attract EPF contributions 9
(xli) If EPF and MP Scheme applicable to educational institutions 9
0mi) What is the wage ceiling under the EPF Act 9
(xw) Whether coverage of a factory during construction allowed 7
(xu) Whether employees engaged by franchises will be covered under the EPF Act ? 15
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() Discuss the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 relating to the constitution, functions and powers of the Central Board. 5
() On inspection of the premises, the enforcement officer of PF Organization found the strength of employees to be 22 which included 3 directors of the company who get remuneration from the company He recommended that the respondent company be covered by the EPF Act The respondent company challenged the coverage Decide 5
(c) The petitioner is a Public Sector Corporation manufacturing petroleum product, having its factory at Man all employing 1700 permanent workmen and that apart, it engages contractors The respondents (APFC) directed the petitioner company to produce attendance register in r/o employees employed by the contractor from 1st Jan , 1967 onwards The petitioner pleaded that it is not possible for the company to produce the said documents as the records are available with the contractors concerned The petitioner filed a petition requesting the respondent to implead the contractors as parties Without considering the said petition, the respondent passed order directing to pay the contributions to the workmen employed by the contractors Hence, this writ petition before the Court Decide 5
id) Will a sweeper who works twice or thnce a week, a night watchman who keeps watch on other shops also and a gardener who comes for ten days in a month be treated as employees under the EPF Act, even though they are not directly connected with the establishment 9 5
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Answer the following queries under the ESI Act, 1948 citing case law, if any Each carries equal marks *
ii) Will an employee, who ceases to be member of ESI on enhancement of salary, continue to be a member for the extended period 9
(u) Who is to prove that 20 persons are not employed in the establishment 9
(m) Can the Inspector inspect records already inspected 9
(it;) Which certificate is deposited for availing of sickness benefit under the ESI Act 9
(v) Under what circumstances the disability benefit is not available to employee 9
ivi) Whether tapping the blood for purpose of diagnosis, storing it and conducting tests attracts ESI provisions 9
ivu) Whether an advertising agency is a shop to attract the applicability of the ESI Act 7
(vm) Whether a hotel falls within the purview of the Act ?
(ix) Whether a partner of a firm being establishment under the ESI Act is covered 9
(x) Whether the security personnel engaged through agency is treated as employees ?
(xi) If home workers are employees 9
(xii) Is the use of LPG for manufacturing of eatables treated as use of power 9
(xiu) Whether free-lancer such as an electrician or a plumber or a TV mechanic is covered under the Act ?
(xiv) Is the deposit of ESI contribution a precondition for submission of returns 7
(,xv) Can an employee insured under ESI Act claim compensation under Workmens Compensation Act 7 15
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Attempt any three of the following Each carries equal marks
(o) Discuss briefly various benefits provided under the ESI Act 5
(6) The respondent company is carrying on the
activities of rendering service to its members
m the form of giving loans and accepting deposits,
and more importantly, the said service being
rendered for a price, which pnce is the interest
that is levied on the loans taken by the members
Decide, if the activities carried on by the t
respondent company brings it within the fold of an establishment carrying on a systematic commercial or financial activities and whether Manipal Sowbhagya Nidhi Ltd a public limited company under the provisions of the Companies Act, 1956, is a Shop coming within the purview of section 1(4) of the Employees State Insurance Act, 1948 5
(c) The appellant is a partnership firm known as Tops Food Products situated at village Kanwah, Dehradun and there are two partners m the firm namely Meena Marwah and Anil Marwah The said firm is registered under Shop and Establishment Act and is also registered with the Sales Tax Department and Income Tax Department etc At the time, when the firm started in 1989, there were only three persons employed and later on the firm employed 8 persons Most of the work of firm like manufacturing of namkeen and packaging etc , is being done on commission basis The firm has only 10 employees in its muster-roll and the documents and records with regard to their employment like attendance registers, labour registers are being maintained by the firm The
firm is working as small scale unit after taking loan from the bank In the year 1993, ESI Inspector during his inspection has found that there are less than 10 persons working in the firm It has been stated that the applicant has another firm known as M/s Tops Food Product (Bakery Division) which is proprietor firm of Anil Marwah Both the aforesaid firms le M/s Tops Food Product and M/s Tops Food Product (Bakery Division) are separate firms and have separate sales tax number Both the firms have separate licenses under Shop and Establishment Act *
Documents and Records are being maintained separately in case of both the firms Besides this, electricity connections of both the firms are separate Decide, if both the firms in question
are separate and if for the sake of ESI coverage, the different units could be treated as one establishment7 and contribution can be recovered
from the applicant
5
(d) Loaders and unloaders Eire performing work for the corporation but engaged by the transporters (contractors) and coming at the premises of the principal employer for loading and unloading When the employer corporation has given a contract to the transporter for loading and unloading of petroleum product manufactured by it, will the employer corporation be liable for covering the loaders and unloaders under the
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3 Answer the following queries under the Factories Act, 1948 citing case law, if any Each carries equal marks
(i) What are the weekly hours of work m a factory ?
(w) Whether a child is allowed to work in a factory ?
(m) Establishment carrying seasonal manufacturing process if factory *>
(w) Maintenance department of a medical college hospital, if factory 9
(v) The publication and press department of a university, if a factory 9
(ut) Pumping of water into overhead tank for use of dyeing and printing if manufacturing process ?
(vu) Heated ghee pouring in tins for sale if manufacturing process 9
{vm) Is the salt making in open fields a manufacturing process ?
(uc) Tailoring firm stitched clothes without the aid of power, but ironed them with the aid of power, if it is manufacturing process 9
(x) Preparation of food m restaurant if manufacturing process ?
0) Is it necessary that a new product or article or substance should emerge from the manufacturing process 9
(xii) If a software company registered under the Shops and Establishments Act is to be registered under the Factories Act also 9
(xiu) If those engaged in work connected with the subject of the manufacturing process are workers under Factories Act 9
(xw) If employees employed in connection with or incidental to factory, work outside the factory are workers 9
(xt>) Can a non-executive director act as an occupier 9 15
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() Define the concepts of manufacturing process, worker and factory under the Factories Act,
4
1948 5
() The Non-Gazetted members of the Delhi Pohce Force wanted to form an organisation of their own and for that purpose constituted the
Karmachan Union in 1966 and applied for its registration under the Trade Union Act, 1926 Initially the registration asked for was declined. Then Act 33 of 1966 was enacted It came into force on 2nd December, 1966 An application for recognition was again made on 9th December, 1966 Recognition was granted by the Central Government on 12th December, 1966 The Non-Gazetted members of the Delhi Police Force were permitted to become members of the Sangh On 12th December, 1966, the Central Government made rules under the Act which are amended in December, 1970 The circular in question was issued under these rules The circular attempts to derecognise the Sangh This occasioned the filing of the wnt petition The first appellant is the Non-Gazetted Karmachan Sangh and the
appellant Nos 2 to 7, its members Decide, if the Non-Gazetted members of the Delhi Police Force could register their trade union under the Trade Union Act 7 5
(c) Members of the Union went on strike to press their demands President of Union made speeches and instigated workers for picketing of the Mill
He also brought his wife to the Mill gate with
instructions to beat with slippers anyone who interfered with her in the picketing process. Later on he was prosecuted on the charges of instigating, picketing and abetment of picketing by his wife u/s 114 of Indian Penal Code. Decide, if the accused will get immunity from criminal
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4 (a) * Explain dearly the meaning of the terms Workmen, Strike, Lockout and Retrenchment as provided in the Industrial Disputes Act, 1947 * 8
(b) Discuss the provisions of the Payment of Bonus Act, 1965 as regards to allocable, and available surplus Describe the Institutions/employers to
which the Act does not apply 7
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Attempt any three of the following Each carries equal
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() An electncian, who had to go frequently to a heating room from cooling plant, contacted pneumonia, which resulted in his death If the defendants of the deceased workman were entitled compensation under the Workmens Compensation Act 9 5
() The deceased working as dnver after loading his truck fell ill on his way and asked cleaner to dnve his truck In the early morning hours, some army personnel stopped vehicle and asked the persons sitting inside the vehicle to come down Due to illness, deceased driver took some tune to come down which infuriated army personnel who fired at him resulting in his death Decide, if the accident has occurred arising out of and in the course of his employment and the compensation is payable to the dependents 9 5
(c) The deceased dnver was entrusted the duty of driving the bus on a particular route The deceased was free to go home after duty hours, yet he stayed back for rest on the terrace of the bus stand In the morning while getting down from the terrace, the deceased tumble down resulting in his death Decide if the cause of accident is connected with the nature of employment and the employer is liable to pay compensation 5
(d) The deceased was working as a car dnver under the third respondent for a salary of Rs 2,000 p m
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On 18-7-1995, when the deceased driver went to
the house of third respondent (employer) he was instructed to go to Saidapet through car no MDA 4063 Later, it was learnt that the deceased driver was kidnapped with the car and was murdered The culprits had taken away the car Decide if the murder amounted to an accident in the course of employment and the employer is liable to pay compensation 5
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5 Wnte short notes on any four of the following *
(1) Teacher if employee under the Payment of Gratmty Act
(u) Payment of gratuity
(m) Procedure for fixing minimum wages under the Minimum Wages Act
(iu) Deductions under Payment of Wages Act
(f) What is included in wages under Payment of Wages Act 7
(vi) Funds for political purpose under Trade Union Act 15
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6488 40 600
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Attachment: |
| Earning: Approval pending. |
