END TERM EXAMINATION, APRIL-2018
B.A.LL.B. (HONS.)
SEMESTER-IV
Labour Laws-I
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The mark carried by each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words) (Marks
a. Mention any two conditions for good industrial relation.
b. What do you mean by 'Industrial Dispute'?
c. What are the primary causes of industrial dispute?
d. What do you mean by 'adjudication'?
e. What are the grounds for cancellation or withdrawal of a certificate of registered trade union?
f. What do you mean by 'Model Standing Order'?
g. Define the term under the Industrial Disputes Act, 1947.
h. What are the qualifications of members of registered Trade Union?
i. Can individual dispute become an industrial dispute?
j. Define the term 'retrenchment' under the Industrial Disputes Act, 1947.
2. "The Supreme Court has played significant role in the evolution of industrial jurisprudence during the last sixty seven years. It has not only made a distinct contribution to the law relating to industrial relations, social security and minimum, standards of employment but has innovated new methods and devised new strategies for providing access to justice to weaker sections of society." In the light of given statement explain the role of Supreme Court in the evolution of industrial jurisprudence and achieving the objective of Social Justice in India with the help of case laws. (Marks 10)
3. Examine whether the following activities fall within the definition of 'industry' under section of the Industrial Disputes Act, 1947:
a. School and Colleges run by Charitable Institutions.
b. A hospital runs by the ministry of Health, Government of India for treatment of patients and conduct of research in medical sciences.
c. A firm of solicitors advising people on legal matters having clerks, typists, peon and Chowkidars on its payrolls.
d. A domestic services (Marks 2.5×4=10)
4. Define the term "Trade Union' and discuss the procedure for registration of Trade Union under the Trade Union Act, 1926. Is registration of a Trade Union is compulsory? What are the consequences of registration? Discuss the privileges and immunities of a registered trade union. (Marks 10)
5. "Strike is a weapon the hands of the employees to press their demands, so is lockout in the hands of employer to deal with strikes". Discuss the above statement in the light of provisions contained in the Industrial Disputes Act, 1947. (Marks 10)
6. Define 'Employer'. State the provisions relating to application of model standing order in every industrial establishment and date of operation of standing under the Industrial Employment (Standing Orders) Act, 1946. (Marks 10)
7. Write short notes on any two of the following:-
a. The power to lay-off a workman is not inherent in the definition of lay-off under section 2(kkk) of Industrial Disputes Act, 1947.
b. The authorities under Industrial Disputes Act, 1947.
c. The prerequisites and merits and demerits of a Collective Bargaining. (Marks