Labour Law MCQ Quiz in मराठी - Objective Question with Answer for Labour Law - मोफत PDF डाउनलोड करा

The correct answer is Option 2.

Key Points According to Section 2(1) of the Industrial Disputes Act of 1947, a lockout is: 

• The temporary closure of a workplace
• The suspension of work
• The refusal of an employer to continue employing any number of workers

A lockout is usually caused by a labor dispute between the employer and the employees. For example, if a union goes on strike but offers to let employees return to work under the terms of an expired contract, the employer can declare a lockout to force an agreement to a final contract offer. 
A lockout is not a permanent dismissal, discharge, retrenchment, or termination of an employee. It is temporary in nature. 

The correct answer is Option 2.

Key Points According to the Trade Unions Act of 1926, a minimum of seven members are required to form a trade union. The act was amended in 2001. 

To register a trade union, the following conditions must be met: 

• At least seven members must be employed in the establishment on the date of the application
• Seven or more members of the union can submit their application in the prescribed form to the Registrar of trade unions

Registration of a trade union is not compulsory but is desirable. A registered trade union enjoys certain rights and privileges under the Act.

The correct answer is Option 1.

Key Points Section 25C of the Industrial Disputes Act, 1947 states that a worker who has been laid off has the right to compensation. This compensation is equal to half of the total of basic and dearness allowance. However, the compensation is conditional and must meet the following conditions: 

• The worker has completed at least one year of continuous service
• The worker is not a "Badli Workman" or a casual workman

The maximum number of days an employer can lay off an employee is 45 days. 
The Industrial Disputes Act, 1947 was passed on March 11, 1947. It provides for the investigation and settlement of industrial disputes. 

The correct answer is Option  1.

Key PointsSection 2A:- Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. 

• (1) Where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.
• (2)Notwithstanding anything contained in section l0, any such workman as is specified in sub-section (1)may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.
• (3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (1).]\

The correct answer is Option 1.

Key Points

• In case of Bank of India v. T.S.Kelawala and others , the Judgment of the Court was delivered by SAWANT, J. These are two appeals involving a common question of law, viz., whether an employer has a right to deduct wages unilaterally and without holding an enquiry for the period the employees go on strike or resort to go-slow.

The correct answer is Option 4.

Key Points

• Unfair labour practices are defined under the Fifth Schedule, Section 2(ra) of the Industrial Dispute Act, 1947, which was added after the Industrial Disputes (Amendment) Act, 1982.
• The Fifth Schedule of the Act listed certain practices which amount to unfair labour practices, and Sections 25-T and 25-U  laid down the provisions for the same.

Unfair labour practice
THE FIFTH SCHEDULE: UNFAIR LABOUR PRACTICES

To discharge or dismiss workmen-

(a) By way of victimisation;
(b) Not in good faith, but in the colourable exercise of the employer’s rights;
(c) By falsely implicating a workman in a criminal case on false evidence or on concocted evidence;
(d) For patently false reasons;
(e) On untrue or trumped up allegations of absence without leave;
(f) In utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste;
(g) For misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record or service of the workman, thereby leading to a disproportionate punishment.

General Labour Union (red flag) Bombay v. B.V. Chavan and others.,1984

• In this case, the trade union filed two complaints against the company, alleging that they had imposed lockouts and unfair labour practices under the Industrial Dispute Act.
• After hearing the arguments advanced by both the parties, the Supreme Court found that the closure of the company was justified because it had been suffering losses for a long time, there was no hope to revive the business, it was not capable of continuing the industrial activities in the premises, and the employer had a bona fide intention of the closure of the company.
• Hence, the company has not committed any unfair labour practices; therefore, the complaints were dismissed.

The correct answer is Option 3.

Key PointsSection 49 in The Factories Act, 1948
Welfare officers.—
(1) In every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of welfare officers as may be prescribed.
(2) The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1).

Duties Of A Welfare Officer Under The Factories Act: 

The duties of a welfare Officer are as follows-

Provide Amenities to Workers
The welfare officer must assist in providing basic amenities to the workers. The basic amenities include –

• Canteens
• Crèches
• Shelters of Rest
• Latrine Facilities
• Drinking Water
• Sickness Schemes
• Pension and Superannuation of Funds
• Granting Loan 
• Gratuity Payment
• Legal Advice
• Any other amenities as prescribed by the State Government

Assist the Factory Management

• To assist the management in regulating the grant of leaves with wages and;
• To explain the relevant provisions related to the leaves with wages and other leave privileges, together with guiding the workers in submitting leave applications.

Advice on Welfare Provisions

• To advise the management of the factories on the provisions related to welfare facilities like housing facilities, food, social and recreational facilities, and sanitation, along with advice on personnel issues and education of children.

Intimate the management about the grievances of workers

• To intimate the factory management about the grievances of the workers, both individual and collective, by acting as a bridge between the workers and the management to ensure speedy redressal of the grievances of the workers.

Maintain harmonious relations between workers, factory management

• To maintain a harmonious relationship between the workers and the factory management by holding consultations and establishing contracts between the parties.

Coordinate with the Workers to enable the formulation of Welfare Policies

•  The welfare officer needs to effectively coordinate with the factory workers and study and understand the opinion of the workers to help the factory management formulate the welfare policies and interpret the same in the language understood by the workers.

Monitor the Industrial Relations

• To monitor the industrial relations and use his influence in case of any dispute between the management and the workers ensuring settlement between parties through persuasive efforts.

Advise the Management about the Fulfilment of statutory Obligations
The welfare officer must advise the factory management on matters related to the fulfilment of statutory obligations or any other obligations.

The obligations include but are not restricted to –

• Working hours
• Medical care
• Maternity benefit,
• Compensation for injuries and sickness
• Any other welfare and social benefit measures

Help the workers to adjust to the working environment.

• To help the workers adjust to the working environment, which can be done by promoting healthy relations among the workers and other departments of the factory that can enhance the productivity of the workers.

Supervise the Welfare Committees

• To encourage the formation of welfare committees, credit cooperative societies, and Work and Joint production Committees and supervise their operations.

The correct answer is Option 4.

Key Points

• The main purpose of the Industrial Disputes Act, 1947 is to ensure fair terms between employers and employees, workmen and workmen as well as workmen and employers.
• The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement of industrial disputes by negotiations.

Industrial dispute as defined under Sec. 2(k) exists between-

(a) Parties to the dispute who may be

1. Employers and workmen
2. Employers and Employers
3. Workmen and workmen

(b) There should be a factum of dispute not merely a difference of opinion.
(c) It has to be espoused (means supported) by the union in writing at the commencement of the dispute.

• Subsequent espousal will render the reference invalid.
• Therefore date when the dispute was espoused is very important.

(d) It affects the interests of not merely an individual workman but several workmen as a class who are working in an industrial establishment.
(e) The dispute may be in relation to any workman or workmen or any other person in whom they are interested as a body.

Jadhav J. H. vs. Forbes Gobak Ltd: 
In this case, it was held that, a dispute relating to a single workman may be an industrial dispute if either it is espoused by the union or by a number of
workmen irrespective of the reason the union espousing the cause of workman was not the majority of the union.

correct answer is (1)

Key PointsThe appropriate Government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed , by notification in the Official Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the Commission so appointed shall make the inquiry and perform the functions accordingly.that where any such Commission has been appointed to inquire into any matter—1) by the Central Government, no State Government shall, except with the approval of the Central Government, appoint another Commission to inquire into the same matter for so long as the Commission appointed by the Central Government is functioning;

2) by a State Government, the Central Government shall not appoint another Commission to inquire into the same matter for so long as the Commission appointed by the State Government is functioning, unless the Central Government is of opinion that the scope of the inquiry should be extended to two or more States.

Additional Information The Commission may consist of one or more members appointed by the appropriate Government, and where the Commission consists of more than one member, one of them may be appointed as the Chairman.

Correct answer is (3)

 Key PointsAs per the Section 2(q) of Industrial Dispute Act,1974 a strike is a temporary cessation of work.It is carried out by a group of employees belonging to the same designation and organisations. The intention and demands of the strike remain the same for all the employees.

Additional Information Section 2(ka) “industrial establishment or undertaking” means an establishment or undertaking in which any industry is carried on:

Provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,—

(a) if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking;

(b) if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking.

(l) “lock-out” means the [temporary closing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.