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MANAGING INDUSTRIAL RELATIONS AND LABOUR LAWS

SAMPLE QUESTION PAPER

Time- 2 Hours
Total Marks 50
Applications -10 Marks
Case Study 30 marks
General Awareness and Analytical Abilities for Current Issues 10 Marks
SECTION 1: APPLICATIONS( ATTEMPT ANY FIVE)
1.

2.

3.

4.

5.

6.

(2 X 5 = 10 MARKS)

In a factory, 25 women workers are employed. The women workers have requested the
employer to provide and maintain a Crche for their children. State with reasons whether the
demand of women is justified under the Factories Act
100 members of a Trade Union applied to the Registrar for registration. Thereafter before
the registration, 50 members out of 100 who made the application have given in writing to
the registrar disassociating themselves from the application. State whether the registration
can be granted under such circumstances
A question arises as to interpretation of a certified standing order. The employer referred the
question to the Conciliation Officer. Is the action of the employer valid? Giver reasons to
your answer.
Mr. Nayak is hiring 25 labours in his manufacturing units through a labour contractor Mr.
Patel. Mr. Patel failed to pay wage to the workers. The workers approached Mr. Nayak and
demanded to compensate for their labour. State whether their demand is valid or not in the
context of Contract Labour (Regulation and Abolition) Act.
In a Company employing 300 workmen, the wages have not been paid on the seventh of the
month on account of financial crunch. Some five workmen of this Company have filed a
complaint with the Authority under the Payment of Wages Act, 1936. The Director of the
Company has received a summons from the Authority under the Payment of Wages Act,
1936.
The Director of the Company has passed on the summons to you and asked for your
comments on the same. The Director of the Company wants to know as to what is his
liability under the Payment of Wages Act, 1936.
A workman has joined a factory on 1st May 2007. He is on the rolls of the Factory till 31st
December 2007. During this period of 8 months, he has worked for 128 days. Will this
workman get leave with wages under the Factories Act, 1948? If so, for how many days and
why? If not, why?

SECTION 2: CASE STUDY SECTION


Case -1 (15 Marks)
The Western Electronics Ltd. Mumbai is an important establishment situated in Ballard Estate. It
has 6600 workmen employed. The recognized union of the factory is Mumbai KamgarManch,
a very powerful organization.
In December 2000 the state government directed the company to shift some of its sections of the
factory to the backward areas like Aurangabad or any other place in Marathwada.
The Union declared a strike when the company planned to shift some of the workers to the new
location and the management declared lockout in response to the strike. The union was very
much agitated with the sudden decision of the transfer of the factory. It claimed that it was not
taken into confidence and questioned the basis on which the government had contended to such a
move.
In order to resolve the dilemma, State Labour Minister suggested that instead of Aurangabad,
some sections should be shifted to Vasti in New Mumbai thereby preventing retrenchment. The
management accepted the proposal and even offered to reimburse the transportation cost
incurred by the workers who availed themselves of CIDCO transport but insisted that beyond
this the company would not practice further concessions. For instance they were to request on
duty in time and would not be permitted to work if they come late.
The union is quite upset as the transfer would affect some 900 workers, but at the same time has
not been able to get any significant concessions either in cash or kind as the company has been
running at a loss. This has affected its bargaining leverage.
The management informs and claims that it has informed the Labour Commissioner and the
union is misleading the workers by telling them that they will stand to lose by the transfer. The
lockout is still confirmed.
Questions:
i.
ii.
iii.

Analyze the problem that led to the breakdown of industrial relations in this company.
Comment on the stand taken by the union in this respect.
Give your suggestions for solving this problem

Case 2 (15 Marks)


In February 2008, the Haryana governments labour department has notified the closing of all
shops in the city on Tuesdays. This implies that the largely unorganized, semi-skilled and
unskilled workers employed in many shops and malls in Gurgaon will get their weekly off on
Tuesdays. However, the labour commissioner stated that thy would not mind allowing

employers to keep their shops opened 24 X 7, only if they strictly adhere to labour laws. They
must follow the laws as far as following the outer limit for working hours in a week. They must
give wages for extra time as laid down in the laws. At any cost, no employee should be
exploited. In those conditions we can relax the opening of shops.
This is a conscious decision. The earlier proposal of closing shops on Sunday was opposed by
the stakeholders as they argued that their sale is much better on official holidays. Hence, from
now onwards, our officials will initiate action against the violators, he said. If the employers
feel that Gurgaon is recognized globally, the citizens must follow the best practices, the labour
commissioner said. He said this move is aimed at regulating the working of shops and not to
discourage them.
Question:
Discuss the above decision with respect to the provision of The Shop and Establishment Act. In
case some shopkeepers decide to keep their shops open on Tuesdays, what are their obligations
towards the employees? What are the likely restrictions?
SECTION-3 GENERAL AWARENESS
CURRENT ISSUES 10 MARKS

AND

ANALYTICAL

ABILITIES

FOR

(ATTEMPT ANY TWO)


1. Equality in employment can be seriously impaired when women are subjected to gender-

specific violence, such as sexual harassment in the workplace. Explain this statement with
the landmark judgments of the Supreme Court on Vishakha vs. State of Rajasthan.
2. Write a note on important issues discussed on labour law reforms in the country.
3. The trade unions are becoming redundant in the current labour market structure Discuss.
4. Despite delays in the process of adjudication, employers and employees both seek solution of
their dispute from the machinery of adjudication. Explain the significance of the adjudication
machinery in India.

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