Mid Term Examination, March 2017
B.A.LL.B. (HONS.)
Semester IV Labour Law-I
Max. Marks: 20 Max. Time: 1:30 Hrs.
Note: Answer any TWO questions out of three. All questions carry equal marks.
1. "Social, economic and political justice is the human essence of the Indian Constitution. The trinity of Indian Constitution, the Preamble, the Fundamental Rights and the Directive Principles of State Policy, embody the fundamental principles, which provide guide to all legislations."
In the light of above statement, explain the importance of harmonious constitutional provisions which safeguard and protect labour laws to achieve socio, economic and political justice, liberty, equality and fraternity laid by our constitution drafters? (Marks 10)
2. Examine the position of club' and educational Institutions' as 'Industry' in the light of the decision of the Supreme Court of India in the case of Bangalore Water Supply and Sewerage Board v. A. Rajappa, AIR 1978 SC 548. (Marks 10)
3. A Dispute was raised by the workmen of a famous Refinery company with respect to contract labour employed by the company. The practice of the company was that the cleaning and maintenance of the refinery plant and premises belonging to the company were generally entrusted to the contractors for a period of one year. The work thus entrusted continued for the whole year without any stoppage. The workers of the contractor were not entitled to other benefits and amenities like Provident Fund, Gratuity, Bonus, Medical facilities and Housing to which regular workmen of the company were entitled.
The workmen of the company contended that contract system should be abolished and contract workers should be treated as workers of the company and their wage, scales and conditions of service etc. to be made applicable to the contract workers.
The Company contended that there was no dispute and it was not open to the workmen to raise a dispute with respect to the workmen of the contractor. Examine this issue and solve the problem as to whether regular workmen could raise a dispute on the employment issue of contract workers for the work of the company. Justify your answer citing relevant statutory provisions and case laws. (Marks 10)