Sem Vi Labour

8/2/2019 Sem Vi Labour

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LABOUR LAW

Qu.1: Explain the term Industry under the Industria l

Disputes Act with the help of case laws.

Ans: In accordance to section 2(j) of the Industrial Deputes Act,

1947, the Industry means any business, t rade, undertakings,

manufacture, or calling of employees, and include any callings,

service employment, handicraf ts o r industr ia l occupat ion,

avocation of workmen.

The bas ic requi rement of industry i s to the employers must

carrying on any business, trade, undertaking, manufacture or

calling of employer. The definitions have two part one says that

industry means any business, trade, undertaking, manufacture orcalling of employers. The second part provides trade,

undertaking, manufacture or calling of employer and the second

parts provides that it includes any calling, service, employment,

handicrafts, or industrial occupation or avocation of workmen.

CASE LAW: State of Bombay V/s Bombay Hospi tal Mazdoor

Sabha, AIR, 1960, SC 610

In this Case Gajendra Gadkar, observed that;

As a workmen princ ip le i t may be s ta ted tha t an act iv ity

systematically or habitually undertaking for the production or

distribution of goods or for the rendering of material service to

the community at a large or a part of such community with the

help of employees is an undertaking. In such organization the

cooperation of employers and employees is must required for

achieving the object to provide or distribute goods or service to

community. The industry or undertaking must be organized at

certain level and have always profit making unit.

CASE LAW: Bangalore Water Supply V A Rajppa

A seven judge Bench of the Supreme Court , has laid down the

test which is known as Hospital Mazdoor Sangh Case Test.

Explain TRIPEL TEST:

Where there is 1] systematic activity 2] organized by cooperation

in between employer and employees 3] for the production anddistribution and service of goods for the human community

Thus there i s Industry. But the industry does not inc ludes

followings;

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i] The spiritual and religious services, and making prasad or food

for people those comes to such place

i i] The absence of gainful profi t or gain, which is present in

business and industry

ii i] The relation between god or i ts trustee and community can

not equated as relation in between employer and employees

iv] If the organization is a trade or business it does cease to be

one because of philanthropy animating the undertaking

Therefore the conclusive findings in the present cases where that

profession, clubs, educational institutions, cooperative societies,

resea rch ins tit ut e, char it ab le projec ts , and o ther k indredadventures , if they fulfill the triple test stated above cannot be

exempted from the scope of Section 2(j) of the I D Act.

Qu.2: Explain the nature of reference power of the

Appropriate Govt.

Ans: The expression Appropriate Government has been defined

in relat ion to the object of the Trade Union. In relat ion to a

Trade Union whose objects are not confined to one sta te the

Appropriate Government is the Central Government, means the

Trade Union registered any part of India but they have branches

or units office all over the country in such cases Appropriate

Government means Central Government is authority to decided

the matters. In case of all other trade unions the State

Government is concern.

Illustration- All Indian Railway Workers Federation, having their

head office at New Delhi, and their unit union offices all over the

country, any matter of these union members are under I D Act, ithas to settled by Central Government. Further for such disputes

the Central Labour Commissioner, or Central Labor Board is

empowered to solve the disputes. But in case of local unit of like

Tata Oil Mills the State Government is concern with the labour

disputes under I D Act

Qu.3: Define Lock out. When can a lock out be termed illegal;

Ans: Section 22 deals with the Strike and Lock out, this sectionapply to industr ies carrying out business of public uti li ties

services. Strike and lockouts are not absolutely prohibited, but

certain procedure ought to be followed before going to strike by

the workmen or before declaring lock out by employer. These

conditions are laid down by legislatures in view to protect the

interest of common public, from public utilities services.

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Section 22(1): this section provide that persons employed in

public util i ties service can not go on strike unless they fulfi ll

followings conditions of contract;

CONDITIONS FOR STRIKE:

a] The workmen union sha ll give s ix week [45 days] not ice

before going on str ike OR

b] within 14 days of giving such notice, [means if the notice was

given on 01/01/2011, the str ike mus t star t on or before

15/01/2011] OR

c] the workmen can not go on strike after expiry of notice period

of 45 days, or workmen can go on strike before the expiry of thedate of strike specified in any such notice as aforesaid [ means

the strike must start on or before 15/02/2011] OR

d] during the pendency of any conciliation proceedings before a

Conciliation Officer, the workmen are forbidden to go on strike,

they can go on s tr ike, a ft er 7 days , [seven days ] a ft er t he

conclusion of such proceedings.

These conditions are applicable to public uti l i t ies services and

not to no public service utilities services industry. Further such

45 days notice is not tenable when there is already lockout in the

industr ial uni t. The not ice must be given by t rade union and

strike must be started within time period.

CONDITIONS FOR LOCK OUT

Section 22 (2): The employer carrying a business of any public

uti l i t ies service shall not lock out any of his workmen without

complying the following statutory conditions.

a] The Employer must give notice of six week before lock out;or

b] The employer must notice of 14 days; or

c] The employer shall not lock out before the expiry of the time

of lock out specified in any notice or aforesaid notice ; or

d] The employer shall not lock out during the pendency of any

conciliation proceedings before a Conciliation Officer and seven

days after the conclusion of such conciliation proceedings

Further Section 22(3) of I D Act provide that the notice of the

strike or lock out as provided by sub-section (1) and (2) may in

certain cases dispensed with;

(1) No notice of strike shall be necessary where there is already

in existence a lock out in the public utilities service concerned

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(2) No not ice of lockout sha ll be necessary where there i s

a lready in existence a s tr ike in the public u ti li ti es service

concerned.

It is duty of employer to intimate to concern specified authorities

about t he s tr ike or lock ou t as case may be , t he speci fi ed

authorit ies has been explain in the Appropriate Government

c ircu lar, in s imilar manner the union sha ll a lso int imate to

speci fied authori ty about the not ice received by them from

employer.

CASE LAW: Colliery Mazdoor Congress V Beerbhum Coals

Co, 1952 LAC 29 ( LAT)

The Court held that where the strike has commenced during the pendency of conciliation proceedings and the workmen pleaded

that strike was provoked by the employer, i t was held that the

fact that the strike or lock out was provoked by the opposite

party will not absolve the person going on strike or declaring

lock out of the duty of complying with the requirement of section

22 and 23 of the Act.

CASE LAW: Swadeshi Industries Ltd v Its Workmen (1960) II

LLJ 78 (SC) The Court held that in section no person means no

workmen, the person employed in industry must be public utility

industries.

Qu.4: Discuss the standard contents of standing order of an

Industry

Ans. The Industrial Employment Standing Orders 1946 Sec 2(g) ,

the expression of standings orders means rules relating to matters

set out in the Schedule of this I D Act. The following matters

should according to the Schedule being provided in standingorder under this Act.

i] Classification of work men i.e. whether permanent, temporary,

apprentice, probationers or budlis.

ii] Manner of intimating to workmen period and hours of work,

holidays, pay, days, and wage rate

iii] Shift working

iv] Attendance and late coming

v] Condi t ion of procedure in applying for and the authority

which may grant leave and holidaysvi] Requirement to enter the premises by certain gates, and

liability to search

vii] Closing and r eopening of sections of the indu strial

establishment and temporary stoppages of work and right and

liabilities of employer and workmen arising there form

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viii] Termination of employment and the notice thereof to be

given by employer to workmen

ix] Suspension and dismissal for misconduct and acts or omission

which constitute misconduct.

x] Means of redress for workmen against unfair treatment or

wrongful exaction by the employer or his agent or servant

xi] Any other matter which may be prescribed

Case Law: S K Ghosh V Chairman O S E Board,

It was held by Court that the clause termination of employment

in item 8 of the schedule and the word superannuation cannot

be equated , because termination i s done by employer and

superannuation is natural event. Therefore the contention that

termination and superannuation can not be compare with each

other The former is a positive act, which one party, even againstthe desire of the other can bring about the end to an employment,

whi le the lat te r i s an event which comes more or less in an

automatic process. An age is fixed on the reaching of which the

holder office is required to go out of office, There is no violation

of Act.

Qu.5: Explain the law relating to General Fund and Political

fund of Trade Unions

Ans: Section 15 Object on which general funds may be spent:

Section 15 of the Act is in the form of general restrain against

expenditure of the general funds of a Trade Union. The general

funds of a registered trade union shall not be spent on any other

objects than followings namely;

a) the payment of salary, a llowances and expenses to office

bearers of the trade union

b) the payment of expenses for the office administration of thetrade union including audit of the accounts of the general

funds of the trade union

c) the prosecution or defence of any legal proceedings in

which the trade union or member of trade union is party,

when the proceedings taken place for the purpose of the

protection of rights of member and trade union, the disputes

must be in between employer and member of trade union or

its member.

d) the conduct of the t rade d isputes on behal f o f the t radeunion or any member thereof

e) the compensation of members for loss arising out of trade

disputes

f) the allowances to members or their dependents on account

of death, old age, sickness, accident or unemployment of

such members

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g) the issue of, or the undertaking of liability under policies of

a ssurance on the l ives o f members or under po li ci es

insuring members against sickness accident or un

employment.

h) the provision of educational, social, or religious benefits

for members including the payment of general or religious

ceremonies for deceased members or for the dependent of

members.

i) the upkeep the periodical published mainly for the purpose

of discussing question affecting employers or workmen as

such

j ) the payment in furtherance of any of the object on which

the general funds of the t rade union may be spent , o f

contribution to any cause intended to benefit workmen in

general provided, that the expenditure on respect of suchcontribution in any financial year shall not any time during

that year be in excess of one forth of the combined total of

the gross income which has upto that t ime accrued to the

general funds of the trade union during that year and of the

balance at the credit of those funds at the commencement of

that year.

k) subject to any contains in not i fication any other object

not if ied by the appropriate Government in the offic ia ls

gazatte

CASE LAW: Gross V Bri tish Iron Steel and Kindered Trade

Association, the court held that a member of t rade union was

injured by an accident, the particular of which were supplied to

the Secre ta ry of t rade union , thereaf te r those papers were

suppl ied to legal advisor solici tor of the t rade union, who

rejec ted the c la ims of members . Aggrieved by the order of

solicitor the member filed appeal against the order of solicitor, in

the court , the court held tha t the union i s not l iable to pay

compensation.

CASE LAW: Mario Rapaso V H M Bhandarkar and ors . The

pet it ioner and respondents were office bearer of t rade union

belongs to workers of V CO Bank. I t was very temptat ive to

invest in share market by bank employees, during this period,

said both the parties, invested their own money in share market

and they have finished their own funds, they have invested or

made a payment of share market from the union general funds,

the court had decided it is illegal act of office bearers. Thereforeany use of funds not included in objects in above shall deemed to

be i ll egal , even to use general funds for i ll egal s tr ike a lso

become illegal, or is for unlawful purpose is illegal.

Sec 16 of the I D Act, provide to constitute of a separate funds

for Political purpose: A trade union can have their separate funds

for assisting to their members if they wanted to contest the civic,

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assembly or par liament e lect ion to have r ight to rai se the ir

workmen demands in such forum. Such funds can be raised from

the payment of employees every months or annually it is allowed.

Section 16(2) declared the following as civic and political object.

a) the payment of any expenses incurred directly or indirectly

by a candidate or prospective candidate for e lect ion as

member of any leg is la tive body, const ituted under the

Constitution or of any legal authority before during or after

election is connection with his candidate or election or

b) the holding of any meeting or the d is tr ibut ion of any

literature or documents in support of any such candidate or

prospective candidate or

c) maintenance of any such candidate or prospective candidate

ord) the registration of electors or the election of the candidate

for any legislative body constituted under the constitution

or for any local authority or

e) t he holding of political meeting of any kind or the

distribution of political literature or political documents of

any kind.

Qu.6: Explain the concepts Minimum Wages of Wages and

Living Wages

Ans; Section 3 empowered to appropriate Government, to fixed

the minimum rate of wages of all employees specified in Part I

and Part II, then shall make renewal it after some years but not

more than f ive years, but the Appropriate Govt. refrain from

fixing the minimum rate of wages, wherein the total strength of

employees does not cross 1000 in a State.

The Minimum Wages means it includes basic rate of wages and aspecial allowances at a rate to be adjusted at such intervals and

in suc manner as Appropriate Govt, directed,

a) a basic rate of wages and a special allowance at a rate to be

adjus ted a t such interva l and in a such manner as the

appropriate government may direct to accord as nearly as

practicable with the variation in the cost of l iving index

number applicable to such workers which is known as cost

of living index or

b ) a bas ic rate of wages with or without the cos t o f l iv ing

allowances and the cash value of the concession in respect

of suppl ies of essential commodities a t concession rate

where so authorized or

c) an all inclusive rate allowing for the basic rate the cost of

living allowance and the cash of the concessions if any

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The cost of living allowance and cash value of the concession in

respect of supplies of essential commodities at concessional rate

shall be computed by the competent authority as such interval

and in accordance with such direct ion as may be specified or

given by the appropriate government.

CASE LAW ; Jaswanta Rai Beri V State of Punjab; It was held

that where an inclusive rate has been fixed including a basic rate

of wage and cost of living allowance, this is in accordance with

law. Whether the rate i s f ixed under c lause ( ii ) o r ( ii i) the

fixation of an all inclusive rate of minimum wages is legal Under

clause ( ii ) d irect ion of adjustment a t certa in interval is not

necessary.

The followings reasons are not relevant of the in fixing of wages

a) the fact that an employer may find i t difficult to caryy on

his business on the basis of minimum wages

b) the financial capacity of the employer i .e. his capacity to

pay

c) the fact of the employer company having incurred losses

during the previous year

d) employers difficulties in importing raw material

e) the region-cum-industry principle

CASE LAW: Muruga Home Industries V Govt. of Tamil Nadu

The minimum wages bodi workers were revised by the State

Govt. by a notifivafter consultation with the advisory board, i t

was held that notification fixing minimum wages should not be

interfered with in the writ proceeding except on most substantial

grounds. The advisory board is well balanced since represebtion

is gi ven to employer s and employees . Work in beedi is

unorganized sector, and condition of work and wages of beediworkers are below subsistence level and minimum wages is fixed

is fair and just and not arbitrary.

Qu.7: What is an accident ? Discuss the concept of Accident

arising out of and in the course of employment

The expression of accident has not been defined in this act , i t

means any unexpected mishap, untoward event, or consequences

brought about by some unanticipated or undesigned act, whichcould not be provided against. The basic and and indispensable

ingredien t o f the acc ident i s the unexpecta tion . Whether a

particular occurrence is accident or not, it must be looked upon

not only from the point of view of the person who cause i t but

a lso f rom the point of vi ew o f the person who suf fe rs it .

Although an acc ident means a par ticupar occurance which

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happens a t a par ticu lar t ime but i t i s not necessary tha t the

workman must be able to locate it in order to scceed in his claim.

There would be cases where a ser ies of t iny acc ident each

producing some unidentifiable result and operating cumulatively

to produce the final condition of injury consti tute together an

accident within the meaning of this section.

Arising out of and in the course of employment;

The expression arising out of suggest the cause of action and

the express ion in the course of pointy out to the p lace of

circumstances under which the accident take place and the time

when it occurred. A casual connection or association between the

injury by accident and employment is necessary. The onus is on

the claimant; to prove that accident arose out of and in the

course of employment. The employment should have given rise tothe circumstances of injury by accident. But a direst connection

between the injury caused by an accident and the employment of

the workman is not always essential. Arising out of employment

does not mean that personal injury must have resulted from the

mere nature of employment and is also not limited to cases where

the personal injury is referable to the duties which the workman

has to discharge.

The word arising out of employment are understood to mean that

during the course of the employment, injury has resulted from

some risk incidential to the duties of the service which unless

engaged in the duty owing to the master i t i s reasonable to

believethe workman would not otherwise have suffered. There

mus t be a cau sal r elat ionship bet ween the accident and

employment. If the accident had occured on account of a risk

which is an incident of the employment; the claim for

compensation must succeed unless of course the workman has

exposed himself to do an added peril by his own imprudence.This

express ion applies to employment as such to i ts nature i tscondition, i ts obligations and i ts incidents and if by reason of

any of these, a workman is brought within the zone of special

danger and so injured the Act would apply. The workman must

show that he was at the time of injury engaged in the employers

business or in fur ther ing tha t business and was not doing

something for his benefit or accomodation .

CASE LAW: State of Rajsastha V Ramprasad & anr; In this case

the workman died due to the natural l ighting while working atthe s ite. I t was held by Supreme Court tha t in order tha t a

workman may succeed in his claims for compensation i t is no

doubt true that the accident must have casual connection with

employment and arise out of it but if the workman is injured as a

result of l ight ing though i t in i tsel f has no connect ion with

employment of deceased Smt. Gita, but the employer held still

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be liable if the claimant shows that the employment exposed the

to such injury. In the present case the deceased was working on

the site and would not have been exposed to such hazard of

lightning had she not been working so. Therefore the appellant

hold liable to pay compensation.

CASE LAW: R B Mundra and Co V Mst Bhanwari In this case

the deceased was employed as driver, he reported to owner of

tanker which carries the petrol that there is clear leakage in the

tank and therefore the petrol is leaking from tanker. The next

days when the owner told him to find out leakage, before that the

tes t by put ting water ins ide the tanker was took p laced and

carried out by owner. The driver went inside the tank to locate

the exact point o r hole of leakage , and found tha t ins ide i s

complete dark, hence he l ighted the match box stick, but sincethere was gas of petrol at up side he was burned and died. In this

case the High Court held that there was carelessness on the part

of driver, he could have called for torch to find out hole, but he

was in impression that at earlier date the tank was filled by water

for identification of hole, it was held that the accident arose out

of employment.

Qu.8: What are the matters to be provided for in the Standing

Orders under Industrial Employment (Standing Order) Act,1946? Explain the procedure for certificat ion of standing

orders?

Ans; The expression of standing order means rules relating to

matters set out in the schedule of this act, the following matters

should according to scheduled be provided in standing order

under this act.

a) classification of workman i.e. whether permanant, tempory,

apprentice probationers of badli

b) manner of intimating to workmen period and hours of work,holidays, pay days and wage rates

c) shi ft working

d) attendance and late coming

e) condi tions of procedure in applying for and the authori ty

which may grant leave and holidays

f) requirement to enter premises by certain gates, and liability

to search

g) closing and reopening of sections of the indus tr ial

establishment and temporary stoppage of work and the rightand l iabi li ti es of the employers and workmen ari sing

therefrom

h) termination of employment and the not ice thereof to be

given by employer and workmen

i) suspension or dismissal for misconduct and acts or

omission which constitute misconduct

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j ) means of redress for workmen against unfair t reatment or

wrongful exaction by the employer or his agents or servant

k) any other matter which may be prescribed.

CASE LAW: S K Ghosh V Chairman O S E Board: The clause

terminat ion of employment in term 8 of the schedule and the

word superannuation cannot be equated. The former is positive

act, by which one party, even against the desire of the other, can

bring about the end to an employment, whi le the lat ter is an

event which comes more or less in an automatic process. As age

is fixed on the reaching of which the holder of an office to go

our office. Thus there is no violation of the Act.

CASE LAW: New Victoria Mil ls V Presiding Officer Labour

Court : The the misconduct for wh ich an employee may bedismissed need not necessarily have been comiited in the course

of his employment. Therefore a workman employed as a sweeper

who has either been proved to have committed a such theft or to

have so act ed a s to faci li ta te or he may be gu il ty of such

misconduct as to justify his dismissal. All that has to be shown is

tha t the a lleged misconduct a ffec ts the competence of the

employee for the particular kind of work he does.Qu;9; Explain Personal Injury;

Ans: Injury ordinary refers to a physiological injury or mental

agony, personal injury only does not mean physical or bodily

injury, but also includes mental injury or strain which causes a

chill. It is term wider than bodily .

CASE LAW: Indian News Chronicle V Mrs Lazars. A working

employed as an electrician had frequently to go to a heating room

from a cooling plant, was attacked pucumonia and died after a

short illness of five days. The court held that the injury caused

by an accident is not infined to physical injury and the injury ininstant case was due to working and going from heating room to

a cooling plant as i t was his indispensable duty, the court held

that since the workman was on duty and because of his going to

heating room from the cold, there was mental injury which we

cal led personal injury, during the t ime of such injury he was

working for the employer and therefore he is ent it led to get

compensation.

Qu;10: Explain Notional Extension ;

Ans: In general once an employee start from his house by using

his own vehicle or others vehicle to go for his office and once he

left office and start for his home by same method and accident

took place, the employees is not enti t led to get compensation

from the employers. But in case if he use the employer vehicle

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for reaching to home from office or office to home, then he is

entitled to get compensation from his employer.

CASE LAW:Rajanna V/s Union of India, dated 19.04.1995, Mr

Rajanna Working and special force for providing protection to

VIP, under the dept . of cabinet secretary, on one day he was

travelling into vehicle of security dept of cabinet secretary, he

was travel li ng in to i t t o reach o ff ice, bu t du ring way the

accident took place, and he was operated on leg, and posted to

some si t t ing duty. He made a claimed before t r ibunal that he

must get Rs. 50,000/- in accordance with the circular of Union of

India, for any accident and disabil i ty thereon, but the claimed

was dismissed by tribunal, aggrieved by the judgment of tribunal

he preferred appeal before Supreme Court, the supreme court that

the intentions of circular is that to provide financialcompensation assistance to employees who are working on duty,

and the circular issue to help such employee, he was traveling

into vehicle of Union of India , therefore he is ent i t led to get

Rs.50,000/- compensation in accordance to circular issued by

Union of India.

Qu;11;Explain Contracting out;

Ans: Sec tion 17 of the Act a ims a t the pro tect ion ignorant

workman from being contracted out, any contract in so far as it

purports to remove or reduce the liability of any person to pay a

compensation whereby a workmen relinquishes any r ight of

compensation from the employer for personal injury arising out

of course of employment shall be null and void. This is nothing

but while recruiting any employer takes a undertaking or getting

contract with workmen that the workmen shall not asked any

compensat ion in case of he faces any personal injury, such

contract are viod.

Qu;12; Explain Contract:Ans: Sect ion 12 p rovide tha t a new li abi li ty is crea ted on

employer even he appoints a contractor for certain works, the

vicarious liability on account of act acts committed by contractor

or his workman on the employer.

For holding the principal l iable to pay compensation to any

person injured workman employed by the contarctor the

following conditions must be fulfilled

a) A contract between the principal and the contractor who

procure the services of workman for the principal entered

in the course of or for the purpose of his trade or business

b) the workman must have been engaged by the contractor for

doing any work which is ordinari ly part of the t rade or

business of the principal

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c) the amou nt of compensat ion shall be calculated with

reference to the wage of the workman under employer by

whom he is immediately employed

d) i n view o f sect ion 12 (4 ) the accident mus t no t have

occurred elsewhere than on or about the premises on which

the princ ipal has under taking or usual ly under take to

execute the work or which are otherwise under his control

or management

The contrac tor i s l iable for compensat ion of workman, the

principal shall be indemnified by the contractor for

compensation, finally the matter shall be decided by

commissioner of labour.

CASE LAW: Koodalimgam V Supdt. Engg & Ors: The workmanwas employed with the contractor and contractor in contract

doing the work of PWD, while doing the earth removing works

he workman was died, the High Court that since the principal

employer is PWD and the contractor was carrying out the work of

PWD, therefore the PWD is liable to pay compensation to work

man and also the contr actor shall indemnifie d for the

compensation, it is further observed by court that any clause of

contract can not deny liabilities of principal.

CASE LAW: Surjerao Unnkar Jadhav V Gurinder Singh & Anr;

The High Court upheld tha t the princ ipal employer cannot

refused to make the payment of compensation to the workman on

the basis of some agreement of indemnity between him and the

contractor it was further held that though the principal employer

is liable for compensation under section 12(1) he is not liable for

interest and penalty.

Qu: 13; Explain Unfair labour practice:

Ans: The followings are unfair labour practice:

1 . To interfere with, restrain from or coerce workmen in the

execise of their r ights to organize from join or assist a Trade

Union or to engaged in concerted activit ies for the purpose of

collective bargaining or other mutual and or protection that is to

any;

a) threating workman with discharge or dismissal if they joinea trade union

b) threatening a loc k o ut or closer if a tr ade union is

organized

c) granting wage increase to workmen at crucial period of the

union organization with view to undermining the effort of

the trade union at organization.

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2.to dominate interfere with or contribute support, financial or

otherwise to any trade unions that is to say

a) an employer taking an active interest in organizing a trade

union of his workmen and

b) an employer showing partiality or granting favour to one of

several trade unions attempting to orgabize his workmen or

to the members where such a trade union is not a

recognized trade union

3. To established employer sponsored tr ade union of workmen

4. To encourage or discourage membersgip in any trade union by

discriminating against any workmen that is to say

a ) di scharging or pun ishing a workmen because he u rged

other workmen to join or organize a tr ade union

b) discharging or dismissing a workmen for taking part in the

strike (not being a strike which is deemed to be an illegal

strike under this Act

c) changing sen iori ty rat ing of workmen because of t rade

union activities

d) refusing to promote workmen to higher posts on account of

their trade union activities.

e) giving unmerited promotions to certain workmen ith a view

to creating discord amongst other workmen or to undermine

the strength of their trade union

f) discharging office bearers or act ive members of the t rade

union on account of their trade union activities

5. To discharge or dismissed workmena) by way of victimization

b) not in goods faith, but in the colourable exercise of

the employers right

c) by falsely implicat ing a workmen in a criminal case

on the false evidence or on concocted evidence

d) for patently false reasons

e) on untru e or trumped up allegations of absence

without leave

f) in uter disregard of the principle of natural justice inthe conduct of domestic enquiry or with undue haste

g) for misconduct of minor or technical charater without

having any rega rds to the na tu re o f pa rt icu lars

misconduct or t he pas t reco rd or t he service o f

workmen thereby lead ing to a di sp ropor tionate

punishment

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Qu: 14: Explain Lay off:

Ans : Section 25 C of this Act entitled a workman to get

compensation from the employers for the period he is laid off.

When the employer is unable to provide work to his workmen for

reason beyond his control, he owes a duty to pay-off

compensation to such workmen Before a workmen may claim lay-

off compensation he must fulfill the following conditions;

a) his name must be borne on muster roll of industrial unit

b) he must have continuous one year service in the industrial

same establishment,

c) he should not be budli worker, or a casual worker

If the above requirement has been fulfilled then the workmen is

entitled to get compensation for lay-off period, except the weely

holidays. The amount of compensation shall be equal to half of

the basic pay and dearness allowance which he is entitled to get

as regular basis.

The above rule are appliaction subject to following conditons or

limitations;

1) During any period of twelve months a workmen is

laid-off for more than forty five days, no

compensat ion sha ll be payable in respect o f any

period or of the lay-off more than or after the expiry

of forty f ive days provided there is an agreement

between the workmen and the employer to this effect;

Thus the compensation is payable for maximum period

of 45 days during a period of twelve months and for a

period longer than 45 days if there is no agreement to

the contrary between employer and workmen2) Where a worke r is l aid -o ff, fo r pe riod of 45 days

during a period of twelve months, the employer has a

right to retrenched such workmen at any t ime after

expir ing of 45 days, o f lay off , When a emploey

decided to retrenched the workman the employer must

fulfill the conditions in accordance with section 25-F

of the Act , Any lay off compensat ion paid to the

workman during the preceding 12 months may be set

off against the compensation payable for retrenchment.

LAY OFF COMPENSATION: Any workman who wanted to make

application for compensation must fulfilled foll owings

conditions;

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a) the workman must be given lay-off for reasons in

accordance to section 2(kkk)

b) requirement under section 25 C must be fulfilled

CASE LAW: Tatanager Foundary Co V Their Workmen; The

Supreme Court observed that unless the malafied on the part of

the management or the employer are proved, the tribunal have no

jurisdiction to enquire that a more prudent management could

have avoided the lay off. The question whether an employer was

responsible for deliberately bringing about the situation leading

to lay-off or whether the workman were la id off in order to

v ic timized them for some o ther u lter ior mot ives , may be

determined by the tribunal and such findings of fact are not to beinterfered with High Court under Art 226 of the Constitution.

CASE LAW: F T & R Co V i ts Workmen : The case be fo re

Supreme Court is that the tyre manufacturing company located in

Bombay, and the employees of Bombay uni t were on str ike,

result ing the Delhi based office finding short supply of tyres,

therefore they have given lay-off to 17 workmen out of 30, there

was no standing order or agreement in between workmen and

company, therefore the Court granted full wages to workmen of

lay-off.

Qu; 15; Explain Public Utility Service:

Ans; The followings industries are public utilities services;

a) any railway service

b) any transport service carrying passengers and goods by air

c) any service in working in major ports and docks

d) any section of safety in the industrial establishment

e) any postal, telegraphs or telephone service

f) any industry or estab li shment which provide water andpower to public

g) any est ablishment which works and provide public

sanitation

h) any industry specified in first schedule which appropriate

government may, i f sat isf ied that public emergency or

public interest so requires, by notification in the officials

gazet te declare to be a publ ic u ti li ty services for t he

purpose of this Act for such period as may be specified in

the notification.

Qu;16; Explain Immunity from criminal conspiracy;

Ans: Sec 17 this provide immunity from criminal conspiracy u/s

120B of IPC, to registered trade union, which is partial if there

is agreement in this regards then the immunity ceased. If more

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than one off ice bearer or member of reg is te red t rade union

commission an offence under IPC, in absence of any agreement

thereof they are protected by immunity from criminal conspiracy

CASE LAW; West India Steel Company Ltd V Azeez: In this

case the union leader obstructed the works protesting that some

workmen has been deputed to another department without the

consent of trade union. The High Court heavily comes down on

the leader by say that union should not inter fer e in the

management job, and the workmen have to obey the orders of

masters , without any arguments , therefore no immunity i s

granted in this case, and the prosecution was allowed.

Qu: 17: Explain Notice of change:

Qu: 18; Explain Domestic Inquiry

Qu:19: Explain Conciliation Officer

Qu: 20: Explain Partial Disablement

Qu: 21: Explain Protected workman

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Sem Vi Labour

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