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Ms-41 dec 2009
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-41 Dec-2009
MS-41 : Working capital management
1. As the difference between the cost of short term financing and long term financing becomes smaller, which financing plan aggressive as conservative becomes more attractive ? Would the aggressive or conservative approach be preferable if the costs were equal ? Why ?
2(a) Explain the role of Cash Forecasting in cash management. Describe briefly any two methods of cash forecasting.
(b) Explain the Miller-Orr model with the help of a suitable example.
3. Discuss the different methods of creating a charge over the assets of the borrower which could be used by banks for safeguarding their interests.
4. Distinguish between the following :
a) Permanent working capital and variable working capital.
b) Options and warrants.
c) VED Analysis and F-S-N Analysis.
d) Public deposits and certificate of deposits.
5. Alpha company's present annual sales amount to Rs. 30 lacs at sale price of Rs. 12 per unit. Variable costs are Rs. 8 per unit and fixed costs amount to Rs. • 2.50 lacs per annum. Its present credit period is one month which is proposed to be extended to eithër 2 or 3 months, whichever appears to be more profitable. The following estimates are made for the purpose :
Credit policy |
1 month |
2 months |
3 months |
Increase in sales (%) |
Nil
|
8 |
30 |
% of bad debts to sale |
1 |
3 |
6 |
Fixed cost will increase by Rs. 50,000 annually after any increase in sales above 25% over the present level. The company requires a pre tax return on investment of at least 20% for the level of risk involved. What will be the most rewarding credit policy in case of Alpha company under the above circumstances ?
6. (a) What do you understand by Commercial Paper ? Explain the important guidelines
issued by Reserve Bank of India for the issuance of Commercial Paper.
(b) What is the meaning of the term factoring ? Explain its significance and mechanism and distinguish between with recourse factoring from without recourse factoring.
7. What do you understand by Trade Credit ? Is Trade Credit a free of cost source of financing working capital requirements ? Give reason. Discuss the different factors that determine the availability of Trade Credit to a firm.
8. Write short notes on any four of the following :
a) Decision tree model
b) Selective credit controls
(c) Gross profit ratio
d) Baumol model
e) C's to determine creditworthiness of a customer
(f) Euro Currency Market
Ms-41 dec 2010
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-41 Dec-2010
MS-41 : Working capital management
Solved papers of MS-41 From mehta solutions
Ms-41 dec 2011
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-41 Dec-2011
MS-41 : Working capital management
1. The cost sheet ABC Ltd. provides the following data.
Cost per unit
Raw material Rs. 50
Direct Labor 20
Overheads
(including depreciation of Rs. 10) 40
Total cost 110
Profits 20
Selling price 130
Average raw material in stock is for one month. Average material in work-in-progress is
for half month. Credit allowed by suppliers; one month; credit allowed to debtors : one month Average time lag in payment of wages : 10 days ; average time lag in payment of overheads 30 days.
25% of the sales are on cash basis. Cash balance expected to be Rs. 1,00,000. Finished goods lie in the warehouse for one month.
You are required to prepare a statement of the working capital needed to finance a level of the activity of 54,000 units of output. Production is carried on evenly throughout the year and wages and overheads accrue similarly. State your assumptions, if any, clearly.
2. Explain with examples the ratios which can be used for assessing :
(a) Efficiency of working capital
(b) Structure of working capital
(c) Liquidity of working capital elements
3. (a) With help of illustrations explain risk return trade off in working capital management.
(b) Explain the various approaches a company may follow to arrive at appropriate level of investment in current assets.
4. Management of inventory must meet two-opposing objectives. Discuss them. How is balance brought between the two objectives, Illustrate with examples.
5. Explain the following sources of working capital finance :
(a) Inter-corporate loans
(b) Company deposits
6. Explain the following cash management models :
(a) Baumol model
(b) Miller and Orr model.
7. (a) What are credit standards that are used in credit policy decision ?
(b) A company has an average collection period of 60 days with sale of 2 lakh units @ Rs, 30 with variable cost of Rs. 20 and average cost per unit Rs. 25. The company is not offering any cash discount and all sales are on credit. It is considering a proposal given by its consultant to allow a 2 percent discount for payments within 10 days. It will increase sales by 2500 units and average collection period will be reduced by 15 days.
Incidently working capital needs will increase by Rs. 1 lakh. If the company makes half of the sales at cash discount and desires a return of 20 percent on investment, should the proposal of consultant be accepted ?
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 ?
Ms-28 june 2009
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-28 June-2009
MS-28 : LABOUR LAWS
1- Discuss the sources of industrial jurisprudence in India. Briefly describe the role of adjudicatory bodies.
2- Describe the historical development of the Factories Act, 1948. Explain the process for approval, licensing and registration of factories.
3. What are the objects and functions of trade unions ? Describe the procedure for the registration and cancellation of a trade union.
4- Define Minimurn, Fair and Living wages. Briefly explain the enforcement of Minimum Wages Act.
5- write short notes on any three of the following :
(a) Domestic enquiry
(b) Certiorari
(c) Strikes and lockouts
(d) Retrenchment
(e) Res judicata
Ms-28 june 2010
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-28 June-2010
MS-28 : LABOUR LAWS
1. Briefly explain the terms :
a) Natural Justice
b) Equity
(c) Res Judicata
2. State the provisions relating to health and welfare under the plantations Labour Act, 1951,
3. Briefly state the main provisions of the Industrial Employment (Standing Orders) Act, 1946.
4. What are the various benefits payable under the workmen's compensation Act, 1923 ? Explain the provisions relating to distribution of compensation under this Act.
5. Write short notes on any three of the following :
a) Benefits payable to a female employee under the Maternity Benefit Act, 1961.
b) Payment of Gratuity under payment of Gratuity Act 1961
c) Obligations of employers and rights of employees under the payment of Bonus Act, 1965.
d) Mandamus.
(e) Domestic Enquiry
6. Read the case given below and answer the questions given at the end of the case.
Mohanlal, the lineman (electrical), was working in the power supply group of the electrical maintenance section of the mines Department. He had 15 years of experience of
repair and maintenance of high - tension (6.6 KV) and low - tension (440 V) overhead electric lines. From the beginning of the mines operation, he was engaged for the erection of electrical lines in the quarry area of the mines. During his service, he acted as leader of the crew whenever the charge man was absent. One day at 1 p.m. a message was received in the mine control centre that Mohanlal had fallen from a low - tension pole. He was shifted to the mines hospital where he was declared unfit for six weeks due to injuries on his shoulders, legs, and hands. On preliminary inquiries from his co-workers, it was gathered that Mohanlal was sent to attend the fuse complaint from the union office in the camp area. He was assisted by two persons. The helpers, who were at the site, said that Mohanlal checked the electrical circuit of the premises and upon finding everything in order, concluded that the supply was disconnected from the service lines on the pole near the office. He climbed the pole, but before he could attend to the fault he fell down from a height of about 6.5 meters and sustained physical injuries. Mohanlal stated in the hospital that as he climbed the pole, his elbow made contact with something metallic and that he felt some sensation in the nerves due to which he could not hold the pole firmly. In addition, the grip of one of his legs was lost. Consequently, he lost balance and fell down. On interrogation as to why he did not use a ladder and safety belt, he replied that he had not assessed this to be a job of line repair work. Further, he had been doing such
repairs many times earlier without the ladder and safety belt. He also pointed out the non-availability of transport and manpower for carrying the tools and tackles to the accident site. Further, he said that safety belts caused more inconvenience while working on the lines. He also confirmed that he had switched off the main supply lines feeding that area. He did not know what sensation he got in his body, but it was not electric shock, he said.
Questions :
a) What are the issues ?
b) Should Mohanlal be given paid leave and compensated as per the provisions in the
Workmen's Compensation Act ? Should he be penalised for his negligence or violation
of safety regulations, if any ?
c) Would it make a difference if Mohanlal was a contract worker, not a regular employee ?
d) What was the role of management, particularly the person who supervises the work of Mohanlal ?
Ms-28 june 2011
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-28 June-2011
MS-28 : LABOUR LAWS
1. Explain the sources of industrial jurisprudence in India. Discuss the specific objectives of labour legislation in India.
2. What is the meaning of the term "factory" under the Factories Act, 1948 ? Explain the provisions relating to hazardous processes under the Act.
3. Define Industrial Disputes and discuss the powers and duties of authorities under the Industrial Disputes Act, 1947.
4. Explain the process of domestic enquiry. Briefly describe the role of enquiry officer in it
5. Write short notes on any three of the following :
(a) Natural justice
(b) Registration of plantations
(c) Acts of misconduct
(d) Charge sheet
(e) Equal pay for Equal work
6. Read the following case and answer questions given at the end.
On every working day, when the Workers canteen of the company is opened at 8 a.m., there would be a big rush of employees for purchase of snacks and tea Normally, employees stand in queue for the purchase of various items from two different counters. The canteen remains open for half-an-hour and all employees who come there can conveniently purchase eatables, if they stand in queue.
On February 14, 1995, at about 8.15 a.m., Harvindar, Fitter, bearing Token No. 45 came to the canteen when in both counters people were standing in queue. Harvinder, who normally avoids standing in queue, tried to purchase the snacks through Vinod, a co-worker, bearing Token No. 84, who was in the queue. This was objected to by Ramlal, Welder, Token No. 88, who was standing just behind Vinod. Arguments started
between Harvinder and Ramlal. They were both angry and in the process, Harvinder gave a slap to Ramlal. The canteen supervisor, Joseph, intervened and separated them.
Incidentally, both Harvinder and Ramlal were active members of two different rival unions operating at the plant level.
As per company's certified Standing Order No. 23(i), 'Riotous, disorderly or indecent
behaviour within the company's premises is a misconduct'. The works manager is the disciplinary authority as per the Standing Orders.
Questions :
(a) What is the problem in the case ? Discuss.
(b) Advise the works manager on the steps for handling this case.
(c) Draft a charge sheet to be issued to the employee concerned for his misconduct.
Ms-28 dec 2007
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-28 Dec-2007
MS-28 : LABOUR LAWS
Labour law very important questions from mehta solutions
Ms-28 dec 2008
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-28 Dec-2008
MS-28 : LABOUR LAWS
1. What are the provisions of Retrenchment in the Industuial Disputes Act, 1947 ? Discuss the recommendations of Second National Commission on labour retrenchment.
2. Briefly describe the concept and processes of Domestic Enquiry in Industry.
3. Discuss the concept of "arising out of and in course of employment" stipulated in the Workmen's Compensation Act, 1923. Give examples to make your arguments convincing.
4. What are authorised deduction, giu"n in the Payment of Wages Act, L936 ? Why are such provisions made in the Act ?
5. Write short notes on any three of the following :
(a) Eligibility for gratuity
(b) Equal pay for equal work
(c) Charge sheet
(d) Award and Settlement
(e) Employee Pension Scheme, 1995
6. Briefly describe the concept of writs and appeals under the Indian Constitution.
What is the meaning of the term "factory" under The Factories Act, 1948 ? Explain the procedure for approval, licensing and registration of factories.
7. Explain briefly the objectives, scope-and coverage of the Payment of Wages Act, 1936. Discuss the powers of inspectors under the Act.
8. Define "Trade union", and discuss the procedure for the registration and cancellation of a trade union under the Trade Union Act. 1926.
5. Write short notes on any three of the following :
(a) Social justice
(b) Registration of establishment
(c) Lay-off
(d) Dismissal and discharge
(e) Principles of 'Set on' and 'Set off' under
f) Payment of Bonus Act, 1965
6. Read the following case and answer the questions given at the end :
On March 25, 1996 at about 6.45 PM, the Duty Officer (Security), Kumar, at the Works gate informed Rathod, Electrical Engineer on telephone that one Narayan, superisor of his department has been caught red-handed at the Works gate while attempting to steal one small electric motor and certain other spare parts used in the Electrical Dept. Rathod was requested to come to the Security Control Room, where a preliminary enquiry was to be held. During the preliminary enquiry, it came to light that Narayan, Personnel No. 5824, Foreman, came to the Works gate at 6.15 PM on his Suvega autocycle bearing registration no. BRX 1421 (the number was not clearly visible). The works guard on duty, Krishna Bahadur asked Narayan to stop and open the tool-box that was hanging on the right side of the rear wheel. When it was opened, only one empty tiffin-box was found. Since the driver's seat appeared to be thicker and of unusual size, the works guard enquired about the same from Narayan, and not being satisfied with the reply, gave it a jerk. It was found that Narayan had constructed one box under the seat where a 0.50 HP motor and eight 5 amps switches belonging to the company were concealed. On being asked, Narayan replled that he had attended a break-down after 5 PM in the Mill and replaced one 0'50 HP motor. The motor that was recovered was the defective one, but he could not return it as the store-issuer had already left for home after his duty which ended at 5 PM. He thought he would return the motor next day, as he had done many times in the past. He, however, could not explain why he was carrying the 5 amps switches. Nor did he give any satisfactory reason for not keeping the materials in the tool-box that was visible from outside, rather than where these were kept. On checking up at the Security Control Room, it was found in the presence of Narayan, that the electric motor recovered was in working condition. As per the Company's Certified Standing Order No. 23(iii),
'theft, fraud, or dishonesty in connection with company's business or property' is a
misconduct.
Questions :
(a) Does this case deserve suspension, pending enquiry ?
(b) Advise the Works Manager on the steps for handling the above case.
More...
Ms-28 dec 2009
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-28 Dec-2009
MS-28 : LABOUR LAWS
1. Describe the concept and philosophy of labour laws. Explain the effects of social—economic conditions on Labour Laws.
2. Discuss the scope and applicability of the contract labour (Regulation and abolition) Act, 1986. Describe the employer's obligation to provide amenities to workers under the Act.
3. Discuss the concept of domestic enquiry. Briefly explain the process of domestic enquiry. Illustrate.
4. Explain the applicability of the Employees State Insurance Act, 1948. Describe various benefits covered under the Employees State Insurance Scheme.
5. Write short notes on any three of the following :
a) Equal Remuneration Act, 1976
b) Plantation labour Act, 1951
c) The payment of Gratuity Act, 1972
d) Fundamental Rights and Labour Legislations
(e) Health and Safety under the Mines Act, 1952
6. Discuss the concept and definition of the Contract Labour under the contract labour (Regulation and Abolition) Act, 1970. Describe the obligations of principal employers to provide certain amenities to workers under the Act.
7. Explain the concept and nature of standing orders. Describe the Acts of misconduct in Model Standing orders.
8. Discuss the scope and coverage of the payment of wages Act, 1936. Explain the employers responsibility for payment of wages under the Act.
9. Describe the applicability of the Maternity Benefit Act, 1961. Explain the benefits payable to a female employee under the Act.
10. Write short notes on any three of the following :
a) Charge sheet
b) Eligibility for Gratuity
c) Employee pension scheme, 1995
d) Registration of establishment
(e) Duties of conciliation officer under I.D. Act, 1947
11. Read the following case and answer the questions given at the end.
Sriram was employed as a badli technical mate in the Pune-Miraj Railway construction. He had worked for about two years continuously in that capacity. He was subsequently selected for employment on one of the construction sites at a different place in Andhra for a tenure of two years.
He was properly relieved immediately but was not paid any sums - either as settlement or as terminal benefits. Also, the travelling expenses were not borne by the earlier construction organisation, though he was paid his wages till the date of relief. At the new place Sriram worked for two years and the period was further extended by another two years (total four years). On completion of four years of service, Sriram came and offered his services again in the Pune-Miraj construction and since he was an excellent worker he was taken again as a badli worker, but this time on regular monthly scales of pay with appurtenant benefits, since orders had by then come from the concerned Ministry that whoever had put in a continuous service of more than six months should be given the pay and other benefits though they are badli workers. This was the position with other workers also who were either retrenched and taken back or were continued. There were about 500 such workmen.
A situation however arose that Sriram had to be deployed, at this time to a lower grade and post as a regular measure but he refused stating that it was not suitable to him. Sriram was retrenched for refusing to accept alternate employment in the lower grade. This termination came to him after two years of his present appointment as a technical mate.
Sriram approached the higher authorities but they said that since no post was available in
the higher grade, even as a badli supervisor, either he has to take up his post in the lower grade as a regular measure or face retrenchment. Sriram pointed out that there are vacancies in similar grade of different category - as Draftsman – and that based on his qualification, he can be fitted in. Sriram also pointed out that the situation of retrenchment would not have at all come in, if he was considered when a regular vacancy in his grade category came up during his tenure appointment in another construction. The
organisation pointed out that once he has left a particular site, he ceases to have any connection and that he was taken as a badli supervisor only on humanitarian grounds.
Sriram made a counter argument that his services cannot be treated as terminated, on his return from tenure post as he is presently carrying forward his services in the previous unit itself. Accepting employment afresh, was due to circumstances beyond his control and because management was adamant otherwise. He also argued that in as much as his settlement was not made, nor was he given any compensation, he cannot be stated to have been retrenched at all.
He also said, if he was treated as retrenched, he would have become the junior most and that as per Sec. 25 of I.D. Act he would not have been eligible for being considered again at all. The management argued that he could have claimed relief immediately and not after six years. Sriram went to Labour Court and the administration had put forward the same arguments. With arguments and counter arguments, the matter was dragged at the conciliation stage for about seven/eight months.
The conciliation officer submitted failure report with recommendation for reference to Tribunal/ Labour Court. The matter came up before the Labour Court. Management took a stand in the Court that Sriram was retrenched before posting to the other construction site, and has been paid all dues.
Management however, expressed its inability to produce any record and their contention was that statutorily, it is not required to maintain any record under Payment of Wages Act, for more than three years, after the payment of retrenchment compensation. Sriram had also no grounds for claiming past seniority. Sriram argued that unless facts are proved by documents, cash vouchers and retrenchment order and other receipts, etc., before the Court as per the Government rules which makes it obligatory to produce documents, he cannot be considered as having been retrenched and he has a claim for the post which fell vacant during his tenure posting in another construction site.
Questions :
a) Assuming that the organisation has not paid Sriram his dues including the retrenchment compensation before posting to the tenure post, can the organisation refuse any employment to him on return, when the agreement does not speak anything to this effect ?
b) Does the employee lose his right of claim of past seniority simply because he was away for four years and then was taken afresh ?
c) What should be the relief available to the aggrieved workman if the Court is convinced that Sriram's dues have been settled before proceeding on the tenure post
to another construction site ?
d) What should be done if it is found that Sriram's dues prior to joining the tenure
post, was not settled nor was Sriram shown as retrenched on records ?
Ms-28 dec 2010
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-28 Dec-2010
MS-28 : LABOUR LAWS
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Ms-28 dec 2011
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-28 Dec-2011
MS-28 : LABOUR LAWS
1. Explain the impact of ILO's conventions and recommendations on labour legislation in India.
2. Discuss the Scope and Coverage of the Mines Act, 1952. Explain in detail the enforcement of the Act.
3. Explain the concept and nature of standing orders under the Industrial Employment (Standing orders) Act, 1946. Describe the concept of misconduct under the Act.
4. Discuss the concept of bonus under the payment of Bonus Act, 1965. Explain the concepts of sums mentioned in the third schedule to be deducted from gross profits.
5. Write short notes on any three of the following :
(a) Social justice
(b) Maternity Benefit Act, 1961
(c) Prohibitions under the child labour (Prohibition and Regulation) Act, 1986.
(d) Retrenchment
(e)The Employees Provident Fund Scheme, 1952.
6. Read the following case and answer the questions given at the end.
M/S. Krishna Trading, a road transport company of Calcutta has a fleet of trucks for carrying -steel scrap-cuttings from various industrial organisations in Jamshedpur to a
number of iron and steel foundries around Kolkata. Since the scrap is to be collected from various points at regular intervals, the company sends each truck with one driver and a cleaner-cum -khalasy. Its resident representative at Jamshedpur coordinates in the collection of scrap from various locations. Scrap is generally loaded into the truck with the help of an overhead crane belonging to the company selling the scrap. At the time of weighing of the empty truck, loading of the material, as well as the time when the loaded truck is weighed, a representative each of the Security Department, Accounts Department (Weigh Bridge) and of the Department to which the scrap belonged, are present and a record of weights kept in a Weighment Register. Since the contractor is interested to get the material loaded quickly on the truck, his representative has to keep
good relations with the crane drivers and the security staff. Things were going on well till Kali Charan, representative of M/S. Krishna Trading informed N. Raman, manager of the factory on February 2, 2004 in the morning hours that the crane driver Ramu has threatened to damage the truck by dropping the scrap from a height unless he is given Rs. 50 per truckload. The security havildar K.P. Singh also demanded Rs. 50 per truckload to expedite loading and weighment. Kali Charan also complained that on earlier occasions, he used to pay Rs. 20 to the crane driver and Rs. 30 to the security havildar per truck to avoid delay in loading and weighment. Raman was concerned over the dishonest behaviour of his employees and called the Security Officer, Capt. Ranjit Singh. Raman put his initials on ten ten-rupee new currency notes and gave the same to Kali Charan for handing over to Havildar K.P. Singh and Ramu on demand for their so-called services. He also advised Capt. Ranjit Singh to lay a trap to catch these employees. On completion of the loading at about 11.00 AM on February 2, 2004, Ramu was given five ten-rupee notes, and after the weighment Havildar K.P Singh was given another five ten-rupee notes earlier signed by Raman. After the loaded truck was escorted outside the works at about 11.05 AM, Capt. Singh called Havildar K.P. Singh and Ramu to the Security Office where apart from Raman and Kali Charan,
Administrative Officer Goel was also present. In their presence, Capt. Singh asked Havildar K.P. Singh and Ramu to take out whatever money they had with them. In the process, all the signed currency notes were recovered. At the instance of Raman, Goel took down the statements of the following persons :
1. Kali Charan
2. K.P. Singh
3. Ramu
4. Capt. Ranjit Singh
Both Havildar K.P. Singh and Ramu admitted their guilt and begged apology, but refused to put their signatures on the written statement. There was a prima facie case against both K.P. Singh and Ramu.
As per the Company's Standing Order No. 23 (iii) "Taking or giving bribe or illegal gratification whatsoever" is a misconduct.
Questions :
(a) Advise Raman as to the nature of action to be taken against K.P. Singh and Ramu.
(b) Advise Raman as to the merits and demerits of holding a domestic enquiry.
(c) Suggest to Raman various steps to be taken in a disciplinary proceeding.
(d) Also suggest to him the types of punishments which are normally awarded in case of misconducts.
Ms-27 june 2007
Written by sales@mbaonlinepapers.com sales@mbaonlinepapers.comMS-27 june-2007
MS-27 : WAGE AND SALARY ADMINISTRATION
l. Discuss the main features of reward system. How do the behavioural science theories influence reward management ?
2. What is the rationale for job evaluation ? Discuss the various methods of job evaluation
3. What are the requirements of the Payment of Wages Act, 1936 in respect of payment of wages ? Give an account of various deductions under the Act .
4. Discuss the various components of a compensation structure. What are the factors that are usually taken into consideration in determining compensation structure ?
5. Attempt any two of the following :
(a) Corporate compensation policy
(b) Compensation survey
(c) Minimum wage, fair wage and living wage
6. Discuss various allowances and fringe benefits paid to industrial employees as an integral part of their compensation package. Give examples.
7. Write short notes , on any three of the following :
(a) Tax implications of compensation to employees
(b) Equal Remuneration Act , !976
(c) Downsizing and VRS
(d) Collective bargaining as a method of wage fixation
(e) Emerging issues and trends in compensation
8. Read the following case and answer the questions given at the end.
The National Manufacturing Company reached an agreement with the Union on a production incentive scheme to increase production. The company had an unprecedented demand for its goods and the Union agreed for the incentive scheme. The management was pleased. with the assurance of the Union leader to
personally undertake the task of implementing the scheme. The management promised to give him a free hand if he could assist in increasing production. The Union did increase production to alrnost double the original level. As a result, the Union gained importance. Any problem could be sorted out by the Union by its direct access to the Chief Executive.
The incentive scheme benefitted primarily the Union members. The scheme was inequitable as some workers got disproportionately large incentives, some low and
some no incentive at all. The second feature was that as the incentive was linked to the Consumer Price Index (CPI), the distortion got further accentuated. However,
when the Union tried to misuse its new found powers,
the management struck back one day by taking disciplinary actions against all the leaders and the Union found all of a sudden that it was without a leader. Another Union arrived on the scene and the leader had established a rapport with the Chief Executive, and this new Union faithfully followed the tenets of the management but as a price extracted some benefits for its members exclusively. The Union saw to it that production became its exclusive responsibility and it had a hot-line with the Chief Executive for any problem resolution. As the years passed, the Union started agitating for improvement in the wage scales. Because of the incentive scheme, the company found that any improvement in the basic wage would pose greater problems and the primary question before the management was to delink the CPI from the incentive scheme. The Union refused to delink the CPI from the incentive scheme as some of its members were earning an amount equal to, if not more than the salary, as an incentive itself. At the same time workmen with no incentive and being grade barred began to lose. And this resulted in discontentment amongst the workmen. But the dilemma could not be resolved and this led to an explosive situation.
A third union emerged on the scene and this led to intense inter-union rivalry resulting in indiscipline, loss of production, and violence within the factory premises, as a result of which the company declared a lockout. when the plant reopened after four months, the Union in power lost its creditility and th; new Union had the complete support of the workmen. The new Union Ieader could develop a rapport not only with the workmen bui also with the management and expected the management to solve the problem of not having revised the wage scales for a long period. But this was not an easy task as there were a lot of inequalities that the management wanted to set right.
The union, though agreeing with the management, would not agree for a cut in the wage in any manner to set right the inequalities. The Union not only wanted to cling to the beneficial aspects of the incentive scheme but also insisted that the management somehow give an increase in the basic wages. The management was being drawn into a vicious circle of the incentive scheme being inequitable but when the Union's attention was being brought to the high incentive categories, it reverted to the low basic wage theme. The management remained in a quandry as regards how to convince the workmen, to win over the constituency of workmen and make managers effective and regain supremacy in production
Questions :
(a) Identify the problems and their causes in this case.
(b) Under the given situation, how are the problems to be remedied ?
(c) Suggest various principles and strategies the management has to keep in mind while formulating a wage incentive scheme for the employees