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05-1 Labour Law - I

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28 views3 pages

05-1 Labour Law - I

Uploaded by

Likhitha Eedara
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM

______________________________________________________________________________
SEMESTER V Mid – Semester Examinations, September - 2022
Labour Law- I (05-1)

Instructions:
1. Answer all the THREE questions
2. Answer to question No.1 and No.2 is compulsory
3. Any over writing in answering question number one will be treated as invalidate answer
4. Answer any one in question No.3
5. Do not write anything on the question paper. It will be treated as malpractice.
Total Marks - 25
Time: 1½ Hour

10 x 1/2 = 5marks
1. i) When did The Trade Unions Act, come into force?
A) 01 April 1927
B) 01 March 1926
C) 01 May 1929
D) 01 June, 1927

ii) The success of trade unions depended upon ______

A) membership representing both skilled and non-skilled workers


B) purposeful intent and strong leadership
C) a political connection
D) a growing number of members on a consistent basis

iii) Why is ILO different from other UN Organizations?

A) Representative of employees and government official take part.


B) Representative of employers, employees and government official take part in work.
C) UNO officials and employees work together.
D) Head of the Nation participates

iv) Which one of the following is not a fundamental right under the provisions of the constitution of
India?

A) Equality of opportunity in matters of public employment


B) Prohibition of traffic in human beings and forced labour
C) Prohibition of employment of children in factories etc.
D) Just and human condition of work and maternity relief

v) In which of the following states there exists a legislation having a provision for recognition
of Trade Unions?

A) Tamil Nadu
B) Karnataka
C) Maharashtra
D) Bihar
P.T.O
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vi) Assertion (A): Some of the earliest piece of Labour Legislation in India appear to have been
enacted to protect the interest of the employers.
Reason (R): The policy of the Government was to protect the social system rather than to protect
workers.
Code:
A) Assertion (A) is correct and Reason (R) is wrong.
B) Assertion (A) is correct and Reason (R) explains Assertion (A).
C) Assertion (A) is wrong and Reason (R) is right.
D) Assertion (A) is correct and Reason (R) does not explain Assertion (A).

vii) Assertion (A): With the evolution of industrial and employment relations in the face of rapid
changes and significant advances in technology among other things, collective bargaining
became an instrument of social change.
Reason (R): Shifts in the labour and product markets created pressures as well as opportunities
for a new approach.
Code:
A) Assertion (A) is wrong and Reason (R) is correct.
B) Assertion (A) is correct and Reason (R) is a proper explanation of Assertion (A).
C) Assertion (A) is correct but Reason (R) is wrong.
D) Reason (R) is not an explanation of Assertion (A).

viii) In the movie ‘Norma Rae’, why did Norma Rae take the job of "spot checker" in the first
place?
A) because of the pay raise to support her kids
B) because she wanted to have a higher up job than others
C) because she wanted to feel superior to others
D) because she liked doing checklists instead of sweating in the work room

ix) In the movie ‘Norma Rae’, Why is Norma Rae fired and thrown in jail?
A) because she is trying to show that the mill owners are trying to intimidate workers from
joining the union
B) because she didn't want the "spot checker" job
C) because she is fighting for her Dad’s death compensation
D) because she has been "seeing" too many different men, resulting in a bad reputation for
her and the company

x) Arrange the following steps of disciplinary procedure in the order in which they are used:
a) Dismissal and discharge
b) Show-cause notice
c) Domestic enquiry
d) Serving of charge sheet
e) Submission of the report
Codes:
A) b, d, c, e, a
B) b, e, c, d, a
C) c, d, b, e, a
D) d, b, c, e, a
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2. M/s. Tillu Petroleum Pvt. Ltd. Vs. Jathirathnalu Workers Union

In the city of Vizag, there is an industry, M/s. Tillu Petroleum Pvt. Ltd. (hereinafter referred
as Employer), engaged in the manufacturing of petroleum products including liquid
petroleum products (LPG). Two hundred workmen of the employer formed a Trade Union
under the banner “Jathirathnalu Workers Union” (hereinafter referred as Union). The Union
participated in illegal strike in contemplation and furtherance of a trade dispute, resulting the
employer in heavy losses. During the protest, one of the members of the Union caused
damages to the properties. The management filed cases for both damages and prosecution of
the Union for causing heavy losses to the employer by going on illegal strike and causing
damages to the properties of the employer during protest. Explain the liability of the Union
with relevant legal provisions and case laws.

10Marks

3. Answer any One of the following: 10Marks

i) Analyze the Delhi Transport Corporation Vs. Sardar Singh ((2004)7SCC574) case law

ii) Prepare a draft standing order on the following matters:

a) Classification of the workmen


b) Manner of intimating to workmen periods & hours of work, holidays, pay days
c) Shift working
d) Attendance and late coming
e) Conditions of procedure in applying for, and the authority which may grant leave and
holidays
f) Requirements to enter premises by certain gates and liability to search
g) Acts and omissions which constitute misconduct
h) Age of retirement
i) Resignation
j) Termination of employment

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