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Ms-28 june 2011

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MS-28   June-2011

MS-28 : LABOUR LAWS

1. Explain the sources of industrial jurisprudence in India. Discuss the specific objectives of labour legislation in India.

2. What is the meaning of the term "factory" under the Factories Act, 1948 ? Explain the provisions relating to hazardous processes under the Act.

3. Define Industrial Disputes and discuss the powers and duties of authorities under the Industrial Disputes Act, 1947.

4. Explain the process of domestic enquiry. Briefly describe the role of enquiry officer in it

5. Write short notes on any three of the following :

(a) Natural justice

(b) Registration of plantations

(c) Acts of misconduct

(d) Charge sheet

(e) Equal pay for Equal work

6. Read the following case and answer questions given at the end.

On every working day, when the Workers canteen of the company is opened at 8 a.m., there would be a big rush of employees for purchase of snacks and tea Normally, employees stand in queue for the purchase of various items from two different counters. The canteen remains open for half-an-hour and all employees who come there can conveniently purchase eatables, if they stand in queue.

On February 14, 1995, at about 8.15 a.m., Harvindar, Fitter, bearing Token No. 45 came to the canteen when in both counters people were standing in queue. Harvinder, who normally avoids standing in queue, tried to purchase the snacks through Vinod, a co-worker, bearing Token No. 84, who was in the queue. This was objected to by Ramlal, Welder, Token No. 88, who was standing just behind Vinod. Arguments started

between Harvinder and Ramlal. They were both angry and in the process, Harvinder gave a slap to Ramlal. The canteen supervisor, Joseph, intervened and separated them.

Incidentally, both Harvinder and Ramlal were active members of two different rival unions operating at the plant level.

     As per company's certified Standing Order No. 23(i), 'Riotous, disorderly or indecent

behaviour within the company's premises is a misconduct'. The works manager is the disciplinary authority as per the Standing Orders.

Questions :

(a) What is the problem in the case ? Discuss.

(b) Advise the works manager on the steps for handling this case.

(c) Draft a charge sheet to be issued to the employee concerned for his misconduct.

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