Industrial Law (Allied Option)

ST. JOSEPH’S COLLEGE OF COMMERCE (AUTONOMOUS)
END SEMESTER EXAMINATION – SEPT/OCT. 2015
M.COM / M.COM (I.B.) – I SEMESTER
P115 AO 101: INDUSTRIAL LAW (ALLIED OPTION)
Duration: 3 Hours Max. Marks: 100
SECTION – A
I.	Answer any SEVEN questions. Each carries 5 marks. (7×5=35)
	1.	Write a short note on: a) legal and illegal strike and b) lay-off and retrenchment.
	2.	On whom does the responsibility for payment of wages lie under the Payment of Wages Act, 1936? State the rules regarding fixation of wage periods.
	3.	Are the workers engaged in beedi manufacture (directly or through contractors) for rolling beedi at home, subject to rejection of defective beedis by the manufacturer “employees” under the EPF act? Elaborate.
	4.	What are the privileges of a registered trade union?
	5.	Explain the rule regarding the following: a) Employee who works less than the normal working day; and b) Wages to an employee who does 2 or more lasses of work.
	6.	What are the obligations and rights of workers under the Factories Act 1948?
	7.	Explain the following under the Payment of Bonus Act, 1965: a) Sums deductible from gross profits as prior charges. b) Set on and setoff provisions and their applicability to new establishments.
	8.	Are the following disputes industrial disputes, give reason: a) A dispute of an industrial employee b) A dispute of a clerk’s employment taken up by only clerical staff of the company c) A dispute supported by 10 employees out of 100 employees employed in the same establishment. d) A dispute supported by employees of different establishment. e) A dispute espoused by an unrecognized union of employees of the same establishment.
	9.	Calculate the amount of compensation payable to an employee for death during work: a) An employee drawing a monthly wage of Rs. 3,000 meets with an accident while working on a machine and dies on 12^th March, 2000. He was born on 14^th July, 1965. Relevant factor : 33 yrs -201.66; 34 yrs – 199.40; 35 yrs – 197.06; 36 yrs – 194.64 b) An employee drawing a monthly wage of Rs. 2,000 dies on 10^th November, 1999 as a result of an injury caused by him. His date of birth falls on 23^rd May, 1994. Relevant factor : 53 yrs – 142,68; 54 yrs – 139.13; 55 yrs – 135.56; 56 yrs – 131.95
	10.	On the death of a member of a provident fund, how is money due to him disposed of?
SECTION – B
II.	Answer any THREE questions. Each carries 15 marks. (3×15=45)
	11.	Who are ‘protected employees’? How are they chosen and in what numbers? What is the protection afforded to them during the pendency of proceedings under the Industrial Disputes Act, 1947?
	12.	As a labour welfare officer of the government, how would you inspect the industries? Give a brief about the areas which you would like to concentrate for the betterment of employees and the organization.
	13.	“In a country where workers are still unable to look after their own interest because of widespread illiteracy and the absence of a strong trade union membership, that part of factory legislation which deals with the welfare of the workers must be of the greatest importance.” Examine in the light of this statement the welfare facilities provided in the Factories Act, 1948.
	14.	When does an appeal lie from the orders of the Registrar of trade unions? What are the powers of the Appellate Court?
	15.	A, a women insured under the provisions of the Employees State insurance Act, 1948 is entitled to receive for the same period both sickness and maternity benefit. She combines her claims and demands the same. Is she entitled to do so? Discuss the legality and also validity of her claim.
SECTION – C
III.	Case Study – Compulsory question. (1×20=20)
	16.	Give reasons for your answer for the following problems stating relevant legal provisions: ( 10 X 2 = 20) P, an apprentice fitter, was injured while cleaning a dangerous part of a machine which had been manufactured abroad. The machine was unfenced while adjustments were made to it. Is the manager or occupier guilty of an offence? While working on a machine, a worker accidentally drops a valuable testing appliance which is broken. The employer deducts the value of the appliance from the wages of the worker. Is the deduction justified? The employees of Bharat Chemicals went on go-slow strike to compel the management to concede to their demands. The management contended that go-slow is a serious misconduct and initiated disciplinary action against the erring employees. Is the action of the management justified? C, an employer reduced wages of an employee by reason of his ability for the payment of any contribution to the PF. Can the employer do so? A watch man in the course of his duty, lifts G. I pipe in order to keep it in safe place and receive injuries. Will the employer be liable to give compensation? An employee contended that subsistence allowance given during the period of his suspension should be included in his total wages for the purpose of calculation of bonus entitlement. Will he succeed? A driver of a concrete mixer, while working thereon, found some part of the machine loose which required immediate tightening. In the process of rectifying the defect, his thumb and index fingers were cut off. Is he eligible for any compensation? An employee, who was a carpenter, ha to get his left arm amputated from elbow in an injury caused in the course of employment. The company paid compensation towards partial permanent disablement. The employee demanded compensation claiming it to be total disablement. Will the employee succeed? Five persons were employed as malis (gardeners) in the private houses of senior functionaries of a company. They were looking after the garden attached to bungalows provided by the company to its officers and directors. Are these malis ‘employees’ and ‘employed in an industry’ under the Industrial Disputes Act, 1947? X an employee, enters into a contract with Y, his employer whereby he agrees to accept his wages in kind and not in money. Later on he demands payment of his wages in cash. Is this accepted?