LABOUR LAW Old Questions

UNIT – I

1. Outline the impact of industrial jurisprudence on labour welfare legislations.

2. “The questions is to whether the industry is carried on by or under the authority of Central Government is
essentially a question of fact depending on the circumstances of each case”.
3. What is “industrial dispute”? Explain the essential requisites of industrial dispute
4. Explain the factors which were responsible for departure from the old theory of “ Master and Servant”
5. Explain the provisions of the Industrial Disputes Act, 1947 relating to award.
6. Explain ‘Industrial Dispute’. When does an individual dispute become an Industrial Dispute ?
7. Explain the definition of “Appropriate Government” under Industrial Disputes Act, 1947 with reference to
decided cases.
8. What are the principles underlying labour legislations ?
9. Elucidate the Labour Policy of India.
10. “Industry is an organised or occupied activity carried on with the co-operation of employer and employee to
meet its object”. Justify with the aid of Bangalore Water Supply Vs Rajappa case.
11. Explain the term ‘workman’. Distinguish workman from independent contractor
12. Discuss briefly the impact of industrial revolution of India upon workmen
13. Define ‘Industry’ and whether Hospital is an Industry ?
14. Define ‘strike’ and ‘Lock out’. When they will be come illegal ?
15. Discuss the importance of industrial disputes legislation and a brief note on its history of Industrial disputes
legislations in India
16. Define ‘award’. Explain the law relating to commencement and enforceability of an award.

Short Answer

1. Write note on labour problems.

2. Distinguish between award and settlement.
3. A was employed as mason I a company and dwawing wage of Rs 2500 per month. His duties involved
supervisory work of about 100 workmen. He also used to decide who should do over time work. Is A a
workman? Decide give reason.
4. Staying away from work under common understanding as a protest to the introduction of a new system for
marking attendance of the workmen. Does this amount to strike? Give reason.
5. Write note on : Settlement
6. Write note on : Workman
7. Majority of workmen applied for casual leave, employer rejected the leave and treated as absence of workmen
as illegal strike. Decide.
8. Workmen immediately after reporting to duties against the will of the employer leave the place of employment
to attend the funeral ceremony of a past employee. Employer treats the act of the workmen as illegal strike.
Decide.
9. Write note on principles of Labour Legislation.
10. Distinguish between strike and lock out.
11. Dispute relating to dismissal of workman – Does it amount to industrial dispute ? Decide giving reason
 12. Workers of a company wanted to celebrate ‘Ayudha Pooja’ one day earlier to the festival. They requested the
company to declare holiday on that day and they were ready to compensate the loss of work by working on
another holiday. But the management refused to declare holiday. Workers enbloc applied for casual leave.
Does this amount to strike ? Give reason
13. A Chartered Accountants firm employs 70. The employed raised a dispute demanding bonus. The appropriate
government makes a reference to an industrial Tribunal. The employer submits that the reference is improper
since he is not running an industry. Decide
14. Whether ‘University’ is an Industry ?
15. In Rathan Steel Industrial Unit all the 15 employees for the purpose of pressing their demands for additional
allowance do not take the free food served in the canteen and decided to fast unto death without abstaining
from work. Is their act unlawful ? Decide.
16. Write a note on : Individual Dispute Vs Industrial Dispute.

UNIT – II

1. Define ‘retrenchment’. When the retrenchment shall be treated as valid ? What are its effects ?
2. Explain the role of arbitration in resolving industrial dispute.
3. Discuss briefly the authorities set up for the investigation and settlement of “ Industrial Disputes”
4. “Conditions of service Etc, should not be changed by the employer during pendency of proceeding before the
authorities under the industrial dispute Act”. Explain the extent of this provision.
5. Explain the provisions for recovery of money due to workman from the employer under I.D. Act 1947.
6. Termination of service of workman by the employer for any reason what soever amounts to retrenchment.
Explain with the help of decided cases.
7. Discuss the procedure to be followed by the employer to make any change in the conditions of service of any
workman under Sec.9(A) of I.D. Act, 1947.
8. Explain the provisions relating to closere of an undertaking under Industrial Disputes Act, 1947.
9. Define Lay-off. When the lay-off shall be treated as valid ? What are its effects ?
10. Critically evaluate the legal control on unfair labour practice.
11. What is lay-off ? Explain the circumstances in which the laid-off workmen are not entitled lay-off compensation
12. What is unfair labour practice ? Explain various unfair labour practices on the part of the employer.
13. Explain ‘Unfair Labour’ practices on the part of employers and Trade Unions.
14. What is lay off ? Explain the provisions relating to lay-off.
15. Describe how Labour Court, Industrial Tribunal and National Tribunal adjudicate the industrial dispute referred
to by the government.
16. Explain the procedure for Lay-off and retrenchment. State the provisions regarding compensation in case of lay-
off and retrenchment.

Short

1. Write note on notice of change.

2. Write note on domestic inquircy
3. On account of strike by some workman in one part of the establishment, management refused to give work to
the workmen in another part of the establishment. The workmen claim lay off compensation. Decide giving
reason whether they are entitled for compensation?
4. In an industry there was continuous unrest leading to strikes and lockouts. The employer closed down the
industry. Does this amount to closure? Give reasons
5. Write short notes on : Lay-off.
 6. Write short notes on : Closure.
7. ‘Shankar’ a workman who is laid-off by his employer at ‘Hasan’ refuses to accept an alternative employment in
another establishment belonging to the same employer situated in Bangalore. ‘Shankar’ desires to claim lay-off
compensation. Decide.
8. Akshata and Co. is a public utility service industry, where a strike has commenced during the pendency of
conciliation proceedings and the workmen,
9. Write note on recovery of money due from the employer.
10. Write note on Industrial Employment (Standing orders) Act, 1946.
11. The services of a workman is terminated due to loss of confidence by the employer – Does it amount to
retrenchment ? Decide giving reason.
12. Write note on ‘recovery of money due from an employer’.
13. Employer refuses to give the benefit of certified standing orders to ‘X’ on the ground that ‘X’ was appointed
after the certification of standing orders. Workman challenges the decision. Advise.
14. Labour Court
15. Workers and management of Ravi Enterprises could not arrive at a settlement regarding their bonus issue for
the year 2012-13. They prefer to go to Labour Court inorder to solve their differences of opinion. Are they
justified in their dispute ? Decide.
16. Write a note on : Unfair Labour Practices.

UNIT – III

1. Discuss the provisions relating to recognition of trade union

2. Explain in detail the provisions relating to employees liability for compensation.
3. Explain the provisions regarding registration of trade unions under the trade unions ACT, 1926
4. Discuss the liablity of the employer to pay compensation under the workmen compensation Act.
5. Explain the provisions of Trade Union Act 1926 relating to registration of Trade Union.
6. What is the procedure for realisation of compensation under the Workmen’s Compensation Act 1923 ? Explain.
7. Explain the provisions of Trade Union Act relating to the immunities available to a Registered Trade Union.
8. Discuss the powers and functions of the commissioner under the Workmen Compensation Act, 1923.
9. Discuss the provisions relating to registration of trade union.
10. Write in detail the provisions relating to procedures of workmen compensation claims.
11. Define ‘Trade Union’. Examine the extent of immunities available to registered trade union from civil and
criminal liabilities.
12. What is personal injury ? When is the employer not liable to pay compensation for personal injuries by accident
under Workmen’s Compensation Act ? Discuss
13. What are the effects of registration of a Trade Union ? When the registration of a Trade Union can be cancelled
?
14. Explain the theory of ‘Notional Extension of Employer’s premises, with the help of decided cases.
15. Trade Union enjoy immunities under civil and criminal law – Discuss.
16. ‘Accident arising out of employment is deemed to have occurred in the course of employment’. – Discuss with
reference to decided cases.

Short

1. Write note on General fund of the trade union.

 2. Write note on occupational disease.
3. “A” workman residing in a hut provided by the employer. The hut caught fire on a night and the workman
sustained severe burn injuries consequent upon which his earning capacity was reduced. Can he claim
compensation from the employer? Give reason
4. A bomb was placed in the premises of a workshop by some strangers, exploded and injured a workman. Is the
employer liable to pay compensation? Decide.
5. The registrar of Trade Union withdraw a certificate on the ground that it was obtained by fraud. The trade
union challenged the order of registrar. Advice.
6. ‘A’ is employed as a driver in KSRTC. While driving he met with an accident and he lost vision of the left eye. Is
he entitle to claim compensation ? Decide with reason.
7. A Trade Union member who was poor but very popular and who has not contributed to political fund requests
the help from general fund for his election. Trade Union refuses to help from general fund for his election
.Decide.
8. A workmen while performing the duty of the employer died due to an accident. Then it had been proved that at
the time of the accident the workman was under the influence of intoxication. Whether the employer is liable
to pay compensation ?
9. Write note on fatal accident.
10. Write note on cancellation of registration of trade union
11. The workman died due to natural lightning while working at the site – Is the employer liable to pay
compensation ? Decide giving reason.
12. Injury sustained by a workman in the factory while taking his mid-day meal during the internal period – Is it an
injury connected with the employment ? Give reason.
13. Employees of Raj Bhavan apply for Registration of Trade Union. Registrar of ‘Trade Union’ refuses to register.
Decide.
14. ‘A’ was employed for 15 days as a sweeper in a factory. One day when he was on duty injured by a moving
machine in a claim for compensation by ‘A’ Employer defends that ‘A’ was not a workman. Decide.
15. Jayaram, an employee in Jaideep Industries died in a fatal fire accident. The employer, through their Manager
paid to the widow of Jayaram a compensation of Rs. 1 Lakh directly. Is it a valid payment ? Decide
16. Write note on : Collective Bargaining.

UNIT – IV

1. How to determine the contribution towards provident fund ? Is there any mechanism to recover dues from the
employer ? Explain.
2. State the procedure of employees insurance claims under the Employees State Insurance Act, 1948.
3. Examine the different kinds of benefits available under Employees State Insurance Act, 1948
4. Discuss the provisions relating to contributions under Employees State Insurance Act
5. Examine the different kinds of benefits available under Employee’s State Insurance Act, 1948.
6. How to determine the contribution towards provident fund ? Explain the mechanism to recover dues from the
employer.
7. Discuss the constitution, powers and functions of Employees Insurance courts under ESI Act, 1948.
8. What are the powers and duties of Inspectors under the EPF Act, 1952 ?
9. Can an employee avail the benefit of pension under the Employees Provident Funds and Miscellaneous
Provisions
10. When an employee is entitled to claim benefit under the Employees State Insurance Act, 1948 and mention the
different benefits available to him.
 11. Explain the provisions relating to adjudication of disputes and claims under the Employees State Insurance Act,
1948. M
12. Define contribution, examine the law relating to contribution by the employer and employees under the
Provident Fund Act, 1952.
13. Mention the various purposes on which the employees state Insurance funds may be spent.
14. Discuss the mode of Recovery of Moneys due from the employer under the EPF Act, 1952.
15. Explain the types of benefit provided under Employees’ State Insurance Act, 1948 and state the conditions to
be fulfilled to avail them.
16. Discuss the salient features of the various schemes formulated under the Employees Provident Fund Act, 1952.

Short

1. Write note on the powers of inspector under the Maternity Benefit Act, 1961.
2. Write note on protection against attachment under the Employees Provident Fund and Miscellaneous
provisions Act, 1952.
3. A demand made by the Regional Provident Fund Commissioner to the employer to contribute his share in respect of
those employees who have completed one year’s service on the date. Is it justified? Decide
4. Wire note on payment of maternity benefit to the women under Maternity Benefit Act.
5. Write short note : Object and scope of the Maternity Benefit Act 1961.
6. Scope of the Employee’s Provident Funds and Miscellaneous Provisions Act, 1952.
7. Write a note on “Employment of woman during certain period under Maternity Benefit Act, 1961.
8. Write note on ESI Corporation.
9. Write note on dismissal during absence of pregnancy under the Maternity Benefit Act, 1961.
10. Write note on Maternity Leave under the Maternity Benefit Act, 1961.
11. Write note on ‘Medical Benefit Council’ under Employees State Insurance Act.
12. Examine the features of Maternity Benefit Act, 1961.
13. Medical Benefit Council under ESI.
14. Advantages under Maternity Benefit Act, 1961.
15. Write note on : Objectives of Maternity Benefit Act, 1961 and its application.
16. Employees State Insurance Court

UNIT – V

1. What is minimum wages ? How it shall be fixed ? Who can determine it ?

2. Outline the provisions relating to the welfare measures under the Factories Act 1948.
3. Explain the term “ minimum Wage”. What is the procedure laid down under the Minimum Wages Act for
fixation of minimum rate of wages?
4. Discuss the provisions relating to “health” under the factories Act 1948.
5. Explain the provisions relating to “Safety” in the Factories Act 1948.
6. What is minimum wages ? How it shall be fixed ? Explain
7. What is Minimum wage ? What are its components ?
8. Discuss the provisions relating to employment of young persons under The Factories Act, 1948.
9. Who can claim minimum wages ? What shall be the content of claim application ? How the claim application shall
bedecided ?
10. Outline the provisions relating to health under the Factories Act, 1948.
11. Briefly explain the various provisions relating to safety measures under the Factories Act.
 12. What is the object of Minimum Wages Act ? Explain the provision relating to hours of normal working day
under the Act.
13. Explain the procedure for fixing and revising minimum wages.
14. Discuss the provisions relating to welfare measures under the Factory Act, 1948.
15. Explain the measures prescribed under the Minimum Wages Act,1948 for implementation of the provisions of
the Act
16. Discuss in brief the health and welfare measures adopted under the Factories Act, 1948.

Short

1. Write note on prohibition of employment of contract labour under the Contract Labour (Regulation and
Abolition) Act 1970.
2. Define “wages” under the Minimum Wages Act 1948.
3. A person employed as a Carpenter in a soap manufacturing factory for preparing boxes in which soaps are
packed and sent for sale. Is he a worker under the Factories Act?
4. Wire note on the essential features of Contract Labor (Regulation and Abolition? Act, 1970.
5. Write short note on : Essential features of Contract Labour (Regulation & Abolition) Act, 1970.
6. Write short note on : Canteens & Creches under Factories Act, 1948.
7. Write a note on ‘Licensing of Contractors” under the Contract Labour (Regulation and Ablition) Act, 1970.
8. Write short note on : Factory
9. Write note on licensing of contractors under the Contract Labour (Regulation and Abolition) Act, 1970.
10. Define “employee” under the Minimum Wages Act, 1948.
11. A person employed to clean machinery in a factory – Is he worker ? Decide with reasons.
12. Examine the object and scope of Contract Labour (Regulation and Abolition) Act, 1970.
13. Write a note on Central Advisory Board under Contract Labour (Regulation and Abolition) Act, 1970.
14. Write note on “Registration of Establishments Employing contract labour.
15. Write note on : Procedure for registration of establishments under the Contract Labour (Regulation and
Abolition) Act, 1970.
16. Write note on : Manufacturing process

Other Questions

1. “All workmen are employees but all employees are not work men”. Explain with the help of decided cases
2. Define “Industrial Dispute”. When does an individual dispute become an Industrial dispute ?
3. What is “lay-off” ? Explain the provisions of Industrial Dispute Act relating to lay-off.
4. Explain the provisions relating to recovery of money due from the employer under Industrial Dispute Act.
5. Discuss the provisions of Trade Unions Act, 1926 relating to Registration and Cancellation of Trade Unions.
6. Discuss the liability of the employer to pay compensation under the Workmen’s Compensation Act, 1923.
7. Explain the provisions relating to the “Safety and Welfare” under the Factories Act, 1948.
8. Write notes on any two of the following :
a. Kinds of benefits available under Employees State Insurance Act, 1948.
b. Essential features of Contract Labour (Regulation and Abolition) Act, 1970.
c. Object of Minimum Wages Act, 1948.
9. Solve any two of the following problems :
 a. The workers in concert absent themselves out of sympathy to some cause wholly unrelated to their
employment or even in regard to conditions of employment of other workers in service under other
management. In these circumstances the management initiates disciplinary action against the
workmen for their absence on the ground of breach of conditions of service. Workmen argue that they
have right to go on strike. Decide giving reasons.
b. “A” is employed as a Security Inspector at the gate of the factory premises. Is he a workman ? Give
reasons.
c. A boy is employed by the factory in a tea shop and it was part of his duty to take tea from the shop
which was situated outside the factory gate to various persons working in the factory. One day when
the boy was comming out of the factory after serving tea to the workers he passed through a violent
mob of factory workers who were leaving the factory. This mob attacked the police and the police had
to fire upon the mob in self-defence unfortunately, the boy was severely wounded by a bullet and died
on the following day in the hospital. Now the mother of the boy claims compensation. Decide giving
reasons.

1. What are the principles underlying labour legislations? Explain

2. Explain the provisions relating to closure of an undertaking under Industrial Disputes Act, 1947
3. Discuss the powers and functions of the Commissioner under the Workmen Compensation Act, 1923.
(Employee's Compensation Act).
4. What are the powers and duties of Inspectors under the Employee's Provident Fund and Miscellaneous
Provisions Act 1952.
5. What is minimum wage ? What are its components? Explain.
6. Outline the provisions relating to the welfare scheme/measures under the Factories Act, 1948.
7. Discuss briefly the Authorities set up for the investigation and settlement of industrial disputes.
8. Write short note on any two of the following :
a. Settlement
b. Retrenchment
c. Contract labour (Regulation and Abolition) Act, 1970
9. Solve any two of the following problems :
a. Workmen immediately after reporting to duties against the will of the employer leave the place of
employment to attend the funeral ceremony of a former employee. Employ
b. A workman while performing the duty of the employer died due to an accident. It was proved that
at the time of accident the workman was under the influence of intoxication. Whether the
employer is liable to pay compensation?
c. In an industry there was continuous unrest leading to strikes and lockouts. The Employer closed
down the industry. Does this amount to closure? Give reasons.

1. Define industrial dispute under the Industrial Dispute Act, 1947 and when an individual dispute will become
Industrial Dispute ?
2. Explain the provisions relating to voluntary arbitration under the Industrial Disputes Act 1947.
3. Define lay-off and what are the provisions relating to lay-off compensation?
4. Briefly explain the various privileges of a registered Trade Union
5. When an employer is liable to pay compensation under the Employees Compensation Act 1923 ?
6. Explain the various benefits provided under the Employees State Insurance Act 1948.
7. Briefly explain the provisions relating to safety under the Factories Act 1948.
8. Write notes on any two of the following :
a. Certifying officer.
b. Procedure for fixation of minimum wages.
c. Central Advisory Board and State Advisory Board under to Contract Labour (Regulation and Abolition)
Act 1970.
9. Solve any two of the following problems :
a. Employer dismissed the service of temporary workman “A”. “A” raised a dispute under the Industrial
Disputes Act 1947. Employer argued that “A” was not a workman. Decide.
b. Membership of a registered Trade Union has been denied to “A” a workman on the ground that “A”
has not contributed to the political fund of the Trade Union. “A” wants to challenge the legality of the
denial. Will he succeed ?
c. “A” a workman died due to an accident while performing the duty of an employer. Subsequently it had
been proved that at the time of the accident the workman was under the influence of intoxication.
Whether employer is liable to pay compensation ?