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Kslu Labour Law QP

This document provides an overview of several topics related to labor and employment law in India. It covers: 1) Historical aspects of trade unionism in India and the UK, including key legislation like the Trade Unions Act of 1926 and ILO conventions. It also discusses constitutional provisions related to trade unions. 2) The Industrial Disputes Act of 1947, including definitions, authorities for resolving disputes, provisions around strikes and lockouts, regulation of job losses, and certification of standing orders. 3) Laws around social security like the Employees' Compensation Act of 1923 and Employees' State Insurance Act of 1948, which provide compensation and benefits to employees. 4) Key provisions of the Payment of Wages

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0% found this document useful (0 votes)
331 views5 pages

Kslu Labour Law QP

This document provides an overview of several topics related to labor and employment law in India. It covers: 1) Historical aspects of trade unionism in India and the UK, including key legislation like the Trade Unions Act of 1926 and ILO conventions. It also discusses constitutional provisions related to trade unions. 2) The Industrial Disputes Act of 1947, including definitions, authorities for resolving disputes, provisions around strikes and lockouts, regulation of job losses, and certification of standing orders. 3) Laws around social security like the Employees' Compensation Act of 1923 and Employees' State Insurance Act of 1948, which provide compensation and benefits to employees. 4) Key provisions of the Payment of Wages

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ANADI SONI
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© © All Rights Reserved
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Unit I

Historical aspects - Master and Slave Relationship, Trade Unionism in India and UK -
Enactment of the Trade Unions Act, 1926- ILO Conventions relating to Trade Unions and
relevant Constitutional provisions. A bird’s eye view of the Act -- Definitions - Trade Union,
Trade Dispute, etc. - Provisions relating to registration, withdrawal and cancellation of
registration - Funds of Trade Union, Immunities, problems of Trade Union, Amalgamation of
Trade Union -Recognition of Trade Unions - Methods, need and efforts in this regard, Collective
Bargaining - Meaning, methods, status of collective bargaining settlements, collective bargaining
and liberalization.

1) What is Trade unionism? Explain the growth of trade unionism.


2) What are the effects of registration of a trade union? When the registration of a trade
union can be cancelled? III
3) Explain the theory of Notional extension of employer’s premises, with the help of
decided cases. II
4) Define Trade Union. Examine the extent of immunities granted to registered trade unions
from civil and criminal liabilities. IIIIII
5) Explain provisions relating to registration of trade union. I
6) What is Trade Union? Explain procedure for registration of trade union. I
7) Explain the general and political funds and their collection under Trade Unions Act,
1926. (2019)
8) Explain various privileges of registered trade unions.
9) Explain unfair labour practices on the part of employers and TU. I
10) SN--- a) Collective Bargaining II
b) General Fund of Trade union II
c) Change of name and amalgamation of trade union (2019)
d) Cancellation of certificate of registration of a TU II
e) Definition of Trade Union
f) Unfair Labour practices

Unit 2
Historical Background and Introduction to the Industrial Disputes Act, 1947 - Definitions -
Industry, Workman, Industrial Dispute, Appropriate Government, etc., - Authorities/ Industrial
Dispute resolution machinery - Works Committee, Conciliation and Board of Conciliation —
Powers and Functions, Court of Inquiry, Grievance Settlement Authority,
Voluntary Arbitration U/S 10-A, Compulsory Adjudication- Government’s power of reference
U/S- 10 - Critical analysis with reference to decided cases. Compulsory Adjudication -
Composition, Qualification, Jurisdiction, powers of adjudication authorities, - Award and
Settlement - Definition, Period of operation, binding nature and Juridical Review of award.

1) Define Industry and whether Hospital is an Industry?


2) Explain the term Workman. Distinguish between workman and independent contractor.
3) Discuss briefly the impact of Industrial Revolution of India upon Workmen.
4) All workmen are employees but all employees are not workmen. Explain with cases.
5) Define Industrial Dispute. When does an individual dispute become an Industrial
Dispute? IIIIII
6) Discuss the authority set up for the investigation and settlement of industrial disputes.
7) Discuss the mechanism provided under IDA 1947 for adjudication and settlement of
disputes.
8) Explain Industry under ID Act, 1947 with cases. IIII
9) Explain provision relating to reference of an Industrial Dispute. II
10) Discuss the procedure to be followed by the employer to make any change in the
conditions of service of workman under Sec 9A of IDA, 1947.
11) Explain the provisions relating to voluntary arbitration under the IDA, 1947. I
12) Discuss briefly the impact of industrial revolution of India upon workmen.
13) Define Award. Explain the law relating to commencement and enforceability of an
award.
14) Explain the provisions of Award under IDA.
15) Describe how labour court, industrial tribunal and national tribunal adjudicate the
Industrial dispute referred to by the govt.
16) Explain the definition of appropriate govt. under IDA 1947 with cases.
17) SN—a) Whether University is an industry?
b) Individual Dispute v Industrial dispute
c) Workman I
d) Appropriate Govt. I
e) Industrial Dispute
f) Labour Court II
g) Works Committee
h) Award and Settlement

Unit 3
Law relating to regulation of strikes and lockouts- Definition of strikes and lockouts, Analysis
with reference to Judicial Interpretations, Regulation U/Ss 22, 23, 10-A(4-A), and 10 (3), Illegal
strikes and lockouts, penalties. - Regulation of Job losses- concepts of Lay-off, Retrenchment,
Closure and Transfer of undertakings with reference to statutory definition and Judicial
Interpretations - Regulation of job losses with reference to the provisions of chapter V A and V
B of the ID Act, 1947 - Regulation of managerial prerogatives - Ss. 9A, 11A, 33 and 33A of ID
Act, 1947 - Certified Standing Orders - Meaning and Procedure for Certification, Certifying
officers- Powers and Functions, etc.

1) What is lay-off? Explain the provisions relating to lay-off. II


2) What is lay-off? Explain the circumstances in which the laid off workmen are not entitled
lay-off compensation?
3) Define Retrenchment. Explain with decided cases the provisions of Chp VA with ref to
retrenchment. I
4) What is retrenchment? Explain the provisions relating to regulation of retrenchment.
5) Define Strike and Lockout. When they will become illegal? I
6) Explain the provisions relating to regulation of strikes under IDA with cases. II
7) Define Strike and provisions relating to prohibition of strikes.
8) Define Lockout and explain the circumstances under which lockout is legal and illegal.
9) Define strike. What are the various kinds of strikes mentioned in the IDA 1947?
10) Difference between strike and lockout with cases. I
11) Explain the procedure for lay-off and retrenchment. State the provisions regarding
compensation in case of lay-off and retrenchment.
12) SN-- a) Lay-off II
b) Notice of Change u/s 9A
c) Retrenchment I
d) Strike I
e) Lockout

Unit 4
Concept and Importance of Social Security - Influence of I.L.O. - Constitutional Mandate. The
Employees’ Compensation Act, 1923 — Definitions - employee, employer, dependent, partial
disablement, total disablement, etc. - Employer’s liability for compensation —Conditions and
Exceptions - Procedure for claiming compensation. Computation of Compensation.
Commissioner- Jurisdiction, Powers, etc.
The Employees’ State Insurance Act, 1948 ~ Definitions - Employment injury, contribution,
dependent, employee, principal employer, etc. - Employees’ State Insurance Funds -
contribution, Benefits available - Administrative Mechanism - E.S.I Corporation, Standing
Committee, Medical Benefits Council - Composition, Powers, Duties - Adjudication of Disputes
- E.S.I Courts. Comparative analysis of the E.S.I. Act, 1948 with the Employees’ Compensation
Act, 1923
1) Medical benefit Council under ESI. II
2) Explain the provisions relating to adjudication of disputes and claims under the ESI Act,
1948.
3) Explain the types of benefit provided under ESIA 1948 and state the conditions to be
fulfilled to avail them.
4) Explain constitution, powers and procedures of ESI courts. II
5) Explain authorities provided under ESIA. I
6) Write a note on Partial disablement and Total disablement. II
7) Discuss the Powers, composition and duties of the ESI Corporation under the ESI Corp
Act 1948.
8) Discuss the liability of the employer to pay compensation under Employee’s
Compensation Act. IIIII
9) Powers and function of Commissioner under the Employee’s compensation Act, 1923. I
10) Mention the various purposes on which the ESI fund may be spent.
11) SN—a) Kinds of benefits available under ESIA IIII
b) Employee state Insurance Courts I

Unit 5
The Payment of Wages Act, 1936 - Definitions — employed person, factory, industrial and other
establishment, wages, etc. - Deductions — Authorities - Inspectors and Payment of Wages
Authority.

The Factories Act, 1948 — Definitions - factory, manufacturing process, occupier, worker,
hazardous process, etc. - Provisions of the Factories Act relating to health, safety and welfare of
workers - Provisions relating to Hazardous process - Provisions relating to working conditions of
employment - Working Hours, Weekly leave, Annual leave facility - Provisions relating to
regulation of employment of women, children and young persons.

1) Discuss the provisions relating to welfare measures under the Factories Act, 1948. IIII
2) Briefly explain the various provisions relating to safety measures under the Factories Act.
IIII
3) Explain the provisions relating to Safety and Welfare under the factories Act.
4) Briefly explain the various provisions relating to health under the Factories Act. IIII
5) Explain the deductions which may be made from wages under the Payment of Wages
Act, 1936. IIII
6) Appointment, Power and Procedures of authorities (Inspectors) under Payment of Wages
Act.
7) Explain the provisions of the Factories act 1948 that deal with Annual Leave with wages.
8) Define Wages. Explain the provisions relating to fixation and payment of wages.
9) Define wages and explain objectives of Payment of Wages Act, 1936.
10) SN—a) Illegal deductions
b) Powers of an Inspector under POWA, 1936
c) Manufacturing Process I

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