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Ms-28 dec 2008

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MS-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.

 

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