LABOUR AND INDUSTRIAL LAW -II

COMPILATION OF PREVIOUS YEAR QUESTIONS

Part A
1. Functions and duties of social security officers under the Employees’ State Insurance
Act 1948. (F2783 2023)
2. Concept of social security (F6712 2021)
3. The welfare of workers under the Factories Act 1948. (F2783 2023)
4. The term ‘factory’ under the Factories Act (F2783 2023)
5. Fixation of minimum rate of wages. (F2783 2023)
6. Fixation of wage periods. (G1794 2022)
7. Identify the benefits available to women employees under the Maternity Benefit Act,
1961. (F2783 2023, G 1459 2022)
8. Write a short note on the object and scope of Maternity Benefit Act, 1961. (F2956
2023)
9. Examine the powers and duties of inspectors appointed for the Maternity Benefit Act
1961. (F2783 2023)
10. Duties of the employer under the Kerala Shops and Commercial Establishments
Act,1960. (F2783 2023)
11. Basic principles of Social Insurance. (F2773 2023)
12. Notional extension of time and place of employment. (F2773 2023, F6712 2021)
13. Employees State Insurance Corporation. (F2773 2023)
14. Medical Benefit Committee. (F2773 2023)
15. Concept of deferred wages. (F2773 2023)
16. Living wage (F6712 2021)
17. Concept of wages under the Minimum Wages Act 1948 (G1794 2022)
18. Partial disablement. (F2948 2023)
19. Powers of ESI courts. (F2948 2023)
20. Constitution of ESI Corporation (G 1459 2022)
21. ESI court. (G 1794 2022)
22. Permissible deductions of wages under the Payment of Wages Act. (F2948 2023,
F6712 2021)
23. Calculation of bonus. (F2948 2023)
24. The rules of determination and distribution of bonus (G1794 2022)
25. Disqualification to get bonus (G1459 2022)
26. Customary bonus (G1459 2022)
27. Employees Deposit Linked Insurance Scheme. (F2948 2023, G1459 2022)
28. Recovery of gratuity. (F2948 2023)
29. Confiscation of gratuity (G1459 2022)
30. Describe International Labour Organisation and its functions. (F2956 2023)
31. Equal Remuneration Act 1976. (F2956 2023)
32. Constitution of Internal Complaints Committee. (F2956 2023)
 33. Discuss the amendments brough through the Child Labour (Prohibition and
Regulation) Amendment Act 2016. (F2956 2023)
34. Explain the provision of set-off and set-on under the Payment of Bonus Act 1935.
(F2956 2023)
35. Asiad Workers Case (G1794 2022)
36. Employment injury (F6712 2021)
37. Immediate employer under the ESI Act (F6712 2021)
Part B
1.Prakash was working as a cleaner in a vehicle. While he was travelling in the said vehicle
on the night of 27.09.2019, suddenly he suffered from chest pain. He was admitted to the
Government Hospital Mangalore where the doctor declared him dead. The mother of the
deceased filed a claim petition under the Employees’ Compensation Act. Decide. (F2783
2023)
2.Some of the railway employees participated in an agitation against the railway
administration. The management deducted the wages treating the period as an unauthorized
absence. The employees approached the labour court. Decide. (F2783 2023)
3.Meera, a daily wage woman employee employed in a public sector undertaking claimed
maternity benefit under the Maternity Benefits Act. The employer rejected the claim on the
ground of the inapplicability of the Act. Decide. (F2783 2023)
4.A was employed in an establishment and regular wages are paid to him. The establishment
got huge profits that year. But the employer denied to provide bonus. A along with other
employees of the establishment demanded bonus. Advise. (F2783 2023)
5.The deceased was employed as a driver on the appellant’s truck used for the purpose of
carrying petrol in a tank. On the previous day he had reported to his employer that the tank
was leaking and so water was put in it for detecting the place from where it leaked. The next
morning, the deceased was asked by the appellant to enter the tank to see from where it
leaked. Accordingly, he entered the tank which had no petrol in it and for the purpose of
detecting the leakage he lighted a matchstick. The tank got fired and the deceased received
burn injuries and later on succumbed to death. Decide whether the widow of the deceased is
entitled to compensation under the provisions of law. (F2773 2023)
6.ABC is a hospital which is a part of a Medical College. ABC has a department called
Equipment Maintenance Department. There are 45 persons employed in the department. The
department maintains and repairs the equipment in the hospitals such as X-rays, ECG, kidney
dialysis etc. In the light of the given facts decide whether the Equipment Maintenance
Department of ABC hospital will come under the definition of Factory for the purpose of ESI
benefits. (F2773 2023)
7.Examine whether teachers working in educational institutions are employees entitled to the
benefit of gratuity. Discuss referring to the landmark cases on the topic. (F2773 2023)
8.In order to cater to the needs of the students, ABC University was running a printing press
as part of the Department of Publication. The PF Commissioner issued an order in the year
2018, intimating that the department of publication was liable for coverage under the
Employees’ Provident Funds and Miscellaneous Provisions Act 1952. The validity and
legality of the order was challenged by the University. Decide giving reasons. (F2773 2023)
9.Mr. X suffered disablement due to an accident arising out of his course of employment. He
has received the disablement benefit from LIC policy. Whether he is entitled to claim the
disablement benefit under the ESI Act. Explain. (F2948 2023)
10.Mr. B working as a driver for XYZ Ltd., which is an establishment covered under the ESI
Act. On an unfortunate day Mr. B while returning from his office, he met with an accident
while travelling on his bike. Whether he is eligible to claim any compensation under the
Employees Compensation Act, 1923? (F2948 2023)
11. Mr. S, a workman caused loss to a company through his negligent acts. On account of
this the employer refused to pay the required contribution of gratuity. Whether Mr. S has any
remedy? Advise. (F2948 2023)
12.CW Ltd. Declared a bonus to its employees and some of the employees have received the
same. However, due to some dispute between the employer and employee, the employer
decided to withdraw the decision to grant the bonus and recover the bonus already
distributed. Discuss the legality of the said actions of the employer. (F2948 2023)
13.A woman suffering from illness arising out of pregnancy claims additional leave for a
period of 2 months. She produces the proof of her illness certificate issued by certified
medical practitioner. Decide whether she can claim additional benefits under the Maternity
Benefits Act. (F2956 2023)
14.The gratuity amount of a workman was not paid by the employer on the ground that he has
caused great loss to the management due to his negligent activities. Can the workman recover
the gratuity amount? (F2956 2023)
15.A child below 14 years was engaged in a factory. When the employer is questioned by the
inspector the employer shows the written consent letter from his parents. Decide. (F2956
2023)
16.An employee under the influence of alcohol touched an electric wire on his employment
premises and sustained death. His widow claimed compensation but the employer pleaded
that he is not liable as the accident arose due to the default of the employee. Is employer
liable? Decide. (F2956 2023)
17.By a governmental notification the state of Kerala in exercise of power conferred under
the Minimum Wages Act fixed the minimum rate of wages in respect of the different
categories of employees serving in private schools the set notification was challenged by a
private school management on the ground that teachers are not within purview of the act.
Discuss the validity of the Notification with the help of a decided case. (G1794 2022)
18.The gratuity of a workman was not paid by his employer on the ground that he assaulted
the supervisor inside the factory his entire graduate was four feet can the workmen recover
his gravity amount. Advise. (G1794 2022)
19.A workman went outside the factory during his employment time for his personal purpose
and he met with an accident outside the premises. Can the workmen claim compensation
under the Employees Compensation Act 1923? (G1794 2022)
20.X, employed in pumping of oil, washing and servicing of vehicles by a petrol pump. Does
the activity amount to manufacturing process under the Factories Act? (G1794 2022)
21.A cinema theatre manager who had no statutory obligation to run a canteen or provide
cycle stand out for the better amenities of his customers and improvement of his business
entered into an arrangement with another to maintain a canteen and a cycle stand and the
other employed workers for this purpose. Employees appointed claimed benefits under BSI
Act. Examine the liability of the manager of the Cinema theatre. (G1459 2022)
22.X, is the owner of a manufacturing unit which started in 2015. It had huge profit in 2016
and 2017 but suffered loss in 2018. Is the employer liable to pay bonus in 2018? (G1459
2022)
23.A, a female worker in a cashew factory was 8 months pregnant and was denied leisure
hours in between by the employer. Whether she has any claim under the Maternity Benefit
Act? (G1459 2022)
24.The X association had given a call for a countrywide strike in support of certain demands
for wage revision raised by the employees. The employer issued a circular to all its managers
to deduct wages of employees who would participate in the strike. The manager deducted the
salary for the period of absence from duty. The employees contended that since the strike is
legal, employer cannot deduct salary. Decide. (G1459 2022)
25.The government of X fixed wages for sales girls in private enterprises through a
government order. This was challenged as constitutionally invalid by major private retail
outlet owners. Decide. (F6712 2021)
26.The employer decided not to give gratuity to 3 of his employees with 10 years standing on
the ground that they were negligent. Is this legal? (F6712 2021)
27.In an accounting year, a company to which the Payment of Bonus Act 1965 applies
suffered heavy losses. The board of directors of the said company decided not to give bonus
to the employees. The employees of the company moved o the court for relief. Decide in the
light of the provisions of the said Act whether the employees will get relief. (F6712 2021)
28.X, an employee of ABC Ltd. had his services terminated for negligence leading to losses
for the company. Is he eligible for payment of any gratuity under Payment of Gratuity Act
1972? (F6712 2021)

Part C
1.Examine the general and special duties of the occupier appointed as per the Factories Act
1948. (F2783 2023)
2. Explain the important features of the Employees Provident Fund and Miscellaneous
Provisions Act 1952. (F2783 2023)
3. Explain the procedure for determining claims arising out of deduction from wages or
delays in payment of wages. (F2783 2023)
4. What is the concept of ‘social security’? discuss the different approaches towards the
concept of social security. What are the International Labour Standards on social security.
Critically analyze the specific social welfare legislations in India pertaining to unorganized
working sector. (F2773 2023)
5.Discuss the meaning of the term ‘Factory’ referring to statutory provisions and judicial
decisions. Explain the legal provisions relating to safety of workers employed in a factory.
(F2773 2023)
6.Who is entitled to bonus as per statutory provisions? Is there any disqualification for
claiming bonus? Explain in detail the legal provisions relating to payment of bonus. (F2773
2023, G1459 2022)
7.Explain the liability of the employer to pay compensation under the Employees
Compensation Act. (F2948 2023)
8.Examine the law relating to the procedure for fixation and revision of minimum wages.
(F2948 2023)
9.Discuss the various benefits available under the ESI Act 1948. (F2948 2023, F2956 2023).
10.Define gratuity and discuss the salient features of Payment of Gratuity Act 1972. (F2956
2023).
11.Payment of gratuity is reward for long and meritorious service. Critically examine this
statement with reference to the provisions of Payment of Gratuity Act. (G1459 2022, F6712
2021)
12.Discuss the provisions relating to penalties under Payment of Gratuity Act, 1972. (F6712
2021)
13.Discuss in detail various social security measures enshrined in the Constitution of India.
(F2956 2023).
14.“In fixing minimum wage, the minimum wage must ensure not only the sustenance of the
employee and his family but also preserve his efficiency as a worker and that is what is
contemplated by the Act”. Discuss. (G1794 2022)
15.What are the underlying ideas behind social security measures in India and why do we
need social security for employees? (G1794 2022)
16.Explain the meaning of ‘authorized deduction of wages’ under the Payment of Wages Act
1936. What are the conditions for deducting money from wages for damage or loss? (G1794
2022)
17.Explain the meaning of Maternity Benefit Act. When can maternity benefit be forfeited?
What penalty has been laid down for violating the provisions of the Act. (G1459 2022)
18.State and explain the benefits assured to the insured employees and their dependence
under the GST Act. (F6712 2021)