I.D.
END TERM EXAMINATION, APRIL 2017
B.A.LL.B. (HONS.)
SEMESTER-IV
Labour Law-I
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks
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 2×10=20)
a. In which condition a workman of any industry may directly approach to the Tribunal or
Labour Court under the Industrial Disputes Act, 1947?
b. What do you mean by Standing Orders?
c. Is there any difference between Lay Off and Retrenchment?
d. When an Individual Dispute becomes Industrial Dispute?
e. What do you mean by Collective Bargaining?
f. Whether registration of a trade union is compulsory under the Trade Unions Act, 1926?
g. Can a minor become member and office-bearer of a Trade Union?
h. Distinguish between definition of "Workmen" given under the Industrial Disputes Act,
1947 and the Trade Unions Act, 1926?
i. In which circumstances registration of a trade union may be cancelled?
j. What are the condition precedents for retrenchment under the Industrial Disputes Act,
1947?
2. Define and explain the essential ingredients of the definition of Industry as given under
Section 2 j of the Industrial Disputes Act, 1947. Also discuss the effects of the decision of
State of Uttar Pradesh V. Jai Bir Singh (2005) 5 SCC on the scope of the above definition.
(Marks 10
3. "Adjudication of industrial disputes through the process of voluntary arbitration was
introduced in the year of 1956, only when there was a serious criticism of the existing
Conciliation and Adjudication processes." With the help of relevant statutory provisions
explain the merits and demerits of the process of arbitration under the Industrial Disputes Act,
1947. (Marks 10
4. Critically examine the statement that "the power of the Appropriate Government to refer an
industrial dispute for adjudication is discretionary". Refer the relevant case laws in support of
your answer. (Marks 10)
5. "Strike is the last weapon of economic coercion in the armory of workers and which should be
use last of all" Explain this statement and discuss the procedure to regulate strike, with the
help of relevant statutory provisions of the Industrial Disputes Act, 1947. (Marks 10)
6. With the help of the relevant provisions of the Industrial Employment (Standing Orders) Act,
1946, discuss the conditions for certification of standing orders. Also discuss the powers of
Certifying officers in this context. (Marks 10)
7. Write short notes on any two of the followings:- (Marks 5×2= 10)
a. Role of the International Labour Organization in promoting Collective Bargaining.
b. Immunities of registered trade union under the Trade Unions Act, 1926.
c. New Labour Codes, 2015.