I.D. No.
Mid Term Examination, September 2018
B.A. LL.B. (HONS.)
SEMESTER V Labour Law-II
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three.
The number of marks carried by each question is indicated at the end of thequestion.
1. Answer the following:
a. History bears testimony to the fact that maternity has been viewed as a disability. Since the times of the Industrial Revolution, pregnant women have been treated as a liability. Employers have expressed no qualms with regards to dismissing pregnant women from service without granting them pay for the maternity period. The maternity benefit Act is one of the legislation that was enacted exclusively to secure the above-mentioned interests of women in India.
In the light of given statement explain the objects and scope of the Maternity Benefit Act, 1961. (Marks 05)
b. was employed by as mechanic for installing a cotton ginning and chaff cutting machine on the daily wages of Rs.350/- per day for three days. On third day, while was taking the trial of the chaff cutting machine his right hand got struck into the teeth of gear roller of the machine and all his fingers and thumb of his right hand were cut off resulting in total disability of a permanent character affecting his future earning capacity as well.
In the light of given facts decide whether the accident has arisen out of and in the course of employment? Discuss with legal justifications. (Marks 05)
2. Answer the following:-
a. Discuss, whether teachers working in educational institutions are employee under the Payment of Gratuity Act,1972. Are they entitled to benefit of Gratuity? Discuss the landmark cases and the recent amendments under the Payment of Gratuity Act, 1972 to support your answer. (Marks 05)
b. is a hospital, which is a part of a medical college. has a department, which is called the Equipment Maintenance department. There are Forty five persons employed in the department. The department maintains and repairs the equipment in the hospital such as X-Ray, ECG, Kidney- dialysis, heart and lung machine etc.
In the light of given facts whether Equipment Maintenance departmentof Zydus Hospital will come under the definition of 'factory' as defined in the Employees' State Insurance Act, 1948. Justify your answer with the help of legal provision/s and case laws. (Marks 05)
3. Write Short Notes on the following:-
a. Social Justice and labour laws. (Marks 05)
b. 'Employee' under the Employees' State Insurance Act, 1948. (Marks 05)