Ms-28 Question bank (11)
Ms-28 Question bank
MS-28 JUNE 2013
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comJune, 2013
MS-28 : LABOUR LAWS
SECTION-A
1. Discuss the sources of Industrial jurisprudence in India. Briefly describe the genesis, objectives and classification of the labour legislation in India.
2. Describe the historical development of the Factories Act, 1948. Explain the provisions relating to hazardous process under the Act.
3. Define and discuss the objectives of the Industrial Disputes Act, 1947. Explain the provisions regarding Lay-off, Retrenchment and closure under the Act.
4. Describe the scope and coverage of the Minimum Wages Act, 1948. Explain the powers which the government can exercise under the Act.
5. Write short notes on any three of the following :
(a) Act of misconduct
(b) Natural justice
(c) Res judicata
(d) The Employee's Provident Fund Scheme, 1952.
(e) Domestic enquiry.
SECTION - B
6. Read the following case and answer the questions given at the end.
Lakshmi Manufacturing Company is a registered factory employing 600 people. It
produces spare parts for cars and scooters. Its security staff at the gate are very rigid in checking people/vehicles going out of the works to prevent any theft of the company's material. On June 20, 1995, Ramesh, material chaser, services department, went to the stores department to draw 10 new GEC electric switches (15 amps each) for some urgent breakdown job. Ramesh drew the material at about 11 A.M. and kept the same in his hand bag and put it on the cycle handle. Thereafter, he came to the Cooperative Credit Society office to enquire about his loan application. He suddenly remembered at 11.30 A.M. his urgent work at the post office (which is situated just outside the works gate), so
that he could write and post an urgent letter and thereafter go to his department which is situated at a distance of about one km from the stores department. The distance between the stores department and the works gate is about 50 metres. Ramesh works in general shift, i.e. from 7 A.M. to 11.30 A.M. and 12.30 P.M. to 4 P.M. The lunch-break is from 11.30 A.M. to 12.30 P.M. and during this period, workers are allowed to go out of the works. Ramesh, like many others, arranged with a person to get his tiffin-carrier from home to his department every day at 11-45 A.M. on payment of a nominal amount every month. On June 20 also, his tiffin-carrier had come with his lunch as usual. At 11.35 A.M., there was telephone call to Mahesh Kumar, Manager Service Department from the security inspector Ramanand that Ramesh, T. No. 321 has been caught red-handed at the works gate while trying to go out of the works with 10 new GEC electric switches belonging to the company. The two security staff who detected the attempted theft were Ramadhin and Trilochan. The materials were kept in a bag hanging from the cycle handle of Ramesh. After the incident, a preliminary enquiry was held, when Ramesh confessed in writing that by mistake he was carrying the switches as he intended to come back to his department after his urgent work at the post office. As per procedure for drawing materials in the services department, on the basis of a written instruction in the Log Book from the supervisor, material chaser is supposed to prepare the material requisition after
entering the details himself in the Materials Requisition Register. After getting the Requisition signed by the supervisor and the departmental head, he is supposed to go to the stores department to draw the material. If the materials are heavy, he has to arrange for a transport. For small items like switch, fuse, etc. Ramesh himself carried the same to the department. Thereafter, he is supposed to hand over the material to the supervisor and obtain his signature in the Materials Requisition Register. On checking up the entries in the Log Book as well as in the Materials Requisition Register after the incident, it was found that Ramesh had correctly entered ten pieces GEC electric switches (15 amps each).
As per Standing Order No. 17 (iii) of the Company's Certified Standing Orders, "Theft, fraud or dishonesty in connection with company's business or property" is a misconduct warranting dismissal as per Standing Order No. 18. The rules also provide that the manager can issue a charge-sheet and also punish with dismissal any employee of his department who is alleged to have committed an act of misconduct.
Questions:
(a) Advise the Manager, Services Department on the steps required to be taken in this case.
(b) Assuming that a domestic enquiry is to be held, suggest various steps of enquiry, in
detail.
(c) Suggest what positive measures are to be taken by the company for maintaining and
promoting sound industrial discipline.
Ms-28 june 2007
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-28 June-2007
MS-28 : LABOUR LAWS
1.. The Fundamental Rights and Directive Principles of State Policy are the backbone of industrial jurisprudence in India. Elucidate.
2. Attempt any two of' the following :
(a) What arethe provisions regarding hours of work and annual leave with wages under the Factories Act, 1948 ?
(b) What are the provisions regarding health and welfare under the Plantations Labour Act, 1951 ?
(c) What are the salient features of the Child Labour (Prohibition and Regulation) Act , 1986 ?
3. What is a "trade union" under the Trade Unions Act, 1926 ? Discuss in brief the provisions for General Fund (Section 15) and Political Fund (Section 16) under the Act.
4. What is the procedure for obtaining registration by the employer and licence by the contractor under the Contract Labour (Regulation and Abolition) Act 1970 What are the obligations of the principal employer under the Act ?
5. a) Who is an "employee" under the Employees' State Insurance Act, 1948 ?
b) Which are the establishments covered by the Act ?
c) What are the benefits payable under the Act ?
6. Attempt any two of the following :
(a) What are the functions of the authorities under the Industrial Disputes Act , 1947 ?
(b) What are the provisions regarding strikes and lockouts under the Industrial Disputes Act ?
c) What is the procedure for fixing and revising minimum wages under the Minimum Wages Act, 1948 ?
7 write short notes on any three of the,following :
(a) Procedure for certification of standing orders under the Industrial Employment (Standing Orders) Act, 1946.
(b) Objectives of labour laws
(c) Welfare measures under the Factories Act, 1948
(d) Equal Remuneration Act, 1976
(e) Notice of change (section 9-A of the I.D. Act)
Read the case below and answer the questions given at the end of the case.
Lakshmi Manufacturing Company is a registe red factory employing 600 people. It produces spare parts for cars and scooters. Its security staff at the gate are very
rigid in checking people/vehicles going out of the works to prevent any theft of the company's material. On June 20, 1995, Prakash, material chaser, Services Department, went to the Stores Department to draw 10 new GEC electric switches
(15 amps each) for sorne urgent breakdown job. Prakash drew the material at about 11.00 a.m. and kept the same in his hand bag and put it on the cycle handle. Ther eafter, he came to the Co-operative Credit Society office to enquire about his loan application. He suddenly remembered at 11.30 a.m. his urgent work at the post office (which is situated just outside the works gate), so that he could write and post an urgent letter and therea fter go to his department which is situated at a distance of about one km from the Stores Department. The distance between the Stores Department and the Works gate is about 50 metres
Prakash works in general shift, i.e. from 7.00 a.m. to 11.30 a.m. and from 12.30 p.m. to 4.00 p.m. The lunch break is from 11.30 a.m. to 12.30 p.m. and during this period, workers are allowed to go out of the works. Prakash, like many others, arranged with a person to get his tiffin-carrier from home to his department every day at 11.45 a.m., or payment of a nominal amount every month. On June 20 also, his tiffin-carrier had come with his lunch as usual. At 11.35 a.m., there was. a telephone call to Mahesh Kumar, Manager Services Department from the Security Inspector Ramanand that one Prakash T.No. 321 has been caught red-handed at the works gate while trying to go out of the works with 10 new GEC electric switches belonging to the company. The two security staff who detected the attempted theft were Ramadhin and Trilochan. The materials were kept in a bag hanging from the cycle handle of Prakash.
After the incident, a preliminary enquiry was held, when Prakash confessed in writing that by mistake he was carrying the switches as he intended to come back to his department after his urgent work at the post office. As per procedure for drawing materials in the Services.
Department, on the basis of a written instruction in the Log Book from the supervisor, material chaser is supposed to prepare the material requisition after entering the details himself in the Materials Requisition Register. After getting the Requisition signed by the supervisor and the departmental head, he is supposed to go to the Stores Department to draw the material. If the materials are heavy, he has to arrange for a transport. For small items like switch, fuse etc. Prakash himself carried the same to the department. Thereafter, he is supposed. To hand over the material to the supervisor and obtain his signature in the Materials Requisition Register. On checking the entries in the Log Book as well as in the Materials Requisition Register after the incident, it was found that Prakash had correctly entered ten pieces GEC electric switches (15 amps each). As per standing order No. 17 (iii) of the Company's certified Standing orders, "Theft, fraud or dishonesty in connection with company's business or property" is a misconduct warranting dismissal as per Standing Order No. 18. The rules also provide that the manager can issue a charge-sheet and also punish with dismissal any employee of his department who is alleged to have committed an act of misconduct.
Questions :
(a) Advise the manager, Services Department on the steps required to be taken in this case.
(b) Assuming that a domestic enquiry is to be held, suggest various steps of enquiry, in detail.
(c) Suggest what positive measures are to be taken by the company for maintaining and promoting sound industrial discipline.
Ms-28 june 2008
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-28 June-2008
MS-28 : LABOUR LAWS
l. Describe industrial adjudication and discuss the constitutional directive and limitations to labour laws.
2. Explain the concept of Contract labour, Contractor, Principal employer and Workman under the Contract Labour (Regulation and Abolition) Act, 1986. Discuss the obligations of principal employers regarding payment of wages.
3. Define the concept of Conciliation and explain the process of conciliation in an Industrial dispute.
4. Explain the meaning of Wages as envisaged in the Minimum Wages Act, 1948. What is the procedure for fixing and revising the minimum rates of wages ?
5. Write short notes on any three of the following :
(a) The scope and coverage of The Mines Act, 1952
(b) International Labour Organisation (lLO)
(c) Domestic Enquiry of Applicability
(d) The Payment of Gratuity Act, 1972
(e) Scope and applicability of The Plantations Labour Act, 1951
6. Read the case given below and answer the questions given at the end of the case.
The Vilas Mills Ltd., with a work force of about 2000 workmen, has been running smoothly for the past twenty years. There has been an increase both in the workers
category (5000) and white collar strength (56) during the last five years. There were no industrial disputes during the last fifteen years and even when other mills in the
locality were running into trouble with regard to industrial relations problems the Vilas Mills did not face any problem. The mill had two registered unions, one recognized by the mills, called The Vilas Mills Union and the other unrecognised, called the Mill Workers Union. The recognised union claimed that they have a following of 80 - 90 per cent of the workers. The unrecognised union claimed that they have a following of30 - 40 per cent and almost all white collar staff are their
followers. The 'Mill Workers Union' served a notice on the Administration with the following demands :
i)Foreman should be transferred to some other Unit.
(ii) Canteen facilities should be improved and the service of meals should be arranged for the night shift also.
(iii) Workload should be reduced both for blue collar and white collar staff.
(iv) Ambulance to be kept in mills for all twenty-four hours
(v) First-aid box should be replenished every two days.
Though the Union was an unrecognised one, it commanded about 30 per cent of the work force, and it was the Administration's policy was to examine any proposal put up by the Union and agree to certain demands in the interest of the administration and workers. Based on this policy, the Administration examined the above demands and straight-away implemented in part, demands (ii) and (iv) and did not consider demands (i), (iii) and (v) at all. Finding the Administration receptive to suggestions and conceding demands, as well as to show their prowess, The Vilas Mills Union too served a notice on the following points : -(1) Service rules to be modified.
(21 Transport should be arranged for all workers (including white collar) free of cost.
(3) Snack rates in the canteen should be reduced.
4) Automatic promotion should be given on completion of six years.
5) Transfers from one unit to another should be readily agreed to.
6) Victimisation should not be resorted to.
7)Apprentices given training under Apprentices Act should be appointed at least as
'badli' workers and 'badli' workers regularised as regular workers.
The Administration examined these demands but found it not practicable to concede to any of them except demand (3) which was consid ered and the rates reduced.: The recognised Union (The'Vilas Mills Union) served a strike notice on the Administration giving three weeks notice and setting the date of commencement of strike under Section 23 of the Industrial Disputes Act. At this stage, the Labour Department stepped in and started conciliation proceedings under Sections 4 and 5
of the Industrial Disputes Act. The strike could, therefore, not take place.
However, the conciliation proceedings fell through and the Labour Commissioner reported to the Government, failure of negotiations.
The Government then examined and formed its opinion under Section 10(1) of the Industrial Disputes Act and did not consider it fit to refer the case for Arbitration or to the Labour Courts.
The Union felt that this decision was unjust and renewed their notice of strike stating that with effect from a certain date, they are going on strike. Accordingly, they went on strike from the modified date to press for their demands. The 'Mill
Workers Union' did not take part in the strike. However, it was seen that only about
800 persons were ready to come to work and they too could not attend due to f,ear of intimidation and non-availability of transport.
The mill at this stage declared the strike as illegal and declared a lock-out. The Vilas Mills Union maintained that the strike was not illegal as per Section 24 of Industrial
Disputes Act since the provisions Section 23 of the Act have been complied with and that the lock-out was illegal and that the mill authorities have to f,ace the
consequences. The deadlock continued. In the above case study, it is assumed that the Government has recorded and communicated to the parties the reasons for not making a reference under Section 12(5)
Questions :
(a) Is the strike legal or illegal ? Is the lock-out justified ? Is it legal or illegal ?
(b) How can such a stalemate be avoided ?
(c) Is there a defect in the legislation ? If so, where, and how can the defect be overcome ?
