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Industrial Dispute Act - 2

Description: Industrial Dispute Act - 2
Number of Questions: 15
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Power has been given to __________ to require Works Committee to be constituted in every industrial establishment employing 100 workmen or more.

  1. Appropriate Government

  2. State Government

  3. High Court

  4. Board of Conciliation

  5. None of these


Correct Option: A
Explanation:

(1) Power has been given to Appropriate Government to require Works Committee to be constituted in every industrial establishment employing 100 workmen or more.

The Industrial Dispute Act was first amended in the year

  1. 1929

  2. 1946

  3. 1947

  4. 1949


Correct Option: D
Explanation:

(4) The Industrial Dispute Act was first amended in the year 1949.

Before the Industrial Dispute Act was implemented in the year 1947, which act took care of the industrial disputes?

  1. Trade Disputes Act, 1929

  2. Royal Commission on Labour, 1934

  3. Labour Management Relations Act, 1947

  4. Arbitration Act, 1940

  5. None of these


Correct Option: A
Explanation:

(1) Before the Industrial Disputes Act was implemented in the year 1947, Trade Disputes Act, 1929 took care of the industrial disputes.

________ have been set up under the provisions of Industrial Dispute Act, 1947 for adjudication of industrial disputes in an organisation.

  1. Lok-Adalat

  2. Industrial Tribunal

  3. Labour Court

  4. All of the above


Correct Option: C
Explanation:

(3) Labour Court have been set up under the provisions of Industrial Dispute Act, 1947 for adjudication of industrial disputes in an organization.

As per the provisions contained in Chapter VB of the Industrial Dispute Act, 1947 establishment employing ________ persons or more are required to seek prior permission of Appropriate Government before effecting lay-off, retrenchment and closure.

  1. 50

  2. 100

  3. 250

  4. 500


Correct Option: B
Explanation:

(2) At the time of establishment employing 100 persons or more are required to seek prior permission of Appropriate Government before effecting lay-off, retrenchment and closure.

Award means an interim or a final determination of any industrial dispute is determined by

  1. Labour Court

  2. Arbitrator

  3. Both (1) & (2)

  4. None of these


Correct Option: C
Explanation:

(3) Award means an interim or a final determination of any industrial dispute is determined by Labour Court and Arbitrator.

The minimum number of members required for the registration of a trade union is

  1. 2

  2. 3

  3. 7

  4. 10


Correct Option: C
Explanation:

(3) The minimum number of members required for the registration of a trade union is seven.

The employer is required to send a report to the Commissioner for workmen’s compensation within _______ days of the death or serious injury of the workman.

  1. 7

  2. 8

  3. 9

  4. 10


Correct Option: A
Explanation:

(1) The employer is required to send a report to the Commissioner for workmen’s compensation within 7 days of the death or serious injury of the workman.

Retrenchment means

  1. voluntary retirement of workman

  2. termination of the service of a workman on the ground of continued ill-health

  3. termination by the employer of the service of a workman for any reason whatsoever

  4. termination of the service of the workman as a result of the non-renewal of the contract of employment


Correct Option: C
Explanation:

Section 2 (oo) of the Industrial Disputes Act, 1947 defines retrenchment as the termination by the employer of the service of a workman for any reason whatsoever.

Unfair labour practices mean any of the practices specified in the

  1. Fourth Schedule of the Industrial Disputes Act

  2. Fifth Schedule of the Industrial Disputes Act

  3. Sixth Schedule of the Industrial Disputes Act

  4. Third Schedule of the Industrial Disputes Act


Correct Option: B
Explanation:

(2) Unfair labour practices mean any of the practices specified in the Fifth Schedule of the Industrial Disputes Act.

In which of the following cases did the Supreme Court hold that there was no rule of thumb that in every case of termination of workman’s service in violation of Section 25F of ID Act relief of re-instatement should be granted?

  1. Talwara Co-operative Credit & Service Society Ltd. Vs. Sushil Kumar (2009) I LLJ 326 S.C.

  2. Gujarat Steel Tubes Ltd. Vs. G.S.T. Mazdoor Sabha (1980) I LLJ 137 (S.C.)

  3. Mavji C. Lakum Vs. Central Bank of India (2008) III LLJ.1.(SC)

  4. None of these


Correct Option: D
Explanation:

(4) In General Manager, Haryana Roadways v. Rudhan Singh, 2005, Court observed that there is no rule of thumb that in every case where the Industrial Tribunal gives a finding that the termination of service was in violation of Section 25-F of the Act, entire back wages should be awarded.

Directions: Read the given statements and choose the correct option.

Assertion (A): Strike is individual stoppage of work to press management to get more pay. Reason (R): An individual has fundamental right of strike.

  1. (A) and (R) are true and (R) is the correct explanation of (A).

  2. (A) and (R) are true, but (R) is not the correct explanation of (A).

  3. (A) and (R) are false.

  4. (A) is true, but (R) is false.

  5. (A) and (R) are true.


Correct Option: D
Explanation:

(4) A work stoppage means the concerted refusal of employees to perform work that their employer has assigned to them in order to force the employer to grant certain demanded concessions, such as increased wages or improved employment conditions. But right to strike is not a fundamental right.

In order to entitle the workmen to wages for the period of strike, the strike should be legal as well as justified. The above principle was laid down in which of the following case by the apex court?

  1. Crompton Greaves v/s The workmen AIR 1978 SC

  2. Ballarpur collieries v/s CGIT Dhanbad AIR 1972 SC

  3. Management of India Radiatiors Ltd. and another v/s presiding officer and another AIR 2003 II LLJ (Mad)

  4. Workmen of Motor Industries Co. Ltd. v/s Management of Motor Industires Co. Ltd. AIR 1969 SC


Correct Option: A
Explanation:

(1) The above principle was laid down in one of the following case by the apex court in Crompton Greaves v/s The workmen AIR 1978 SC.

Which of the following is not a duty of works committee under the Industrial Disputes Act?

  1. To promote measures for securing and preserving amity and good relations between the employees and workmen.

  2. To form groups among workmen and strengthen mediation between employer and employee.

  3. To achieve the object, it is their duty to comment upon matter of common interest or concern of employers and workmen.

  4. To endeavour to compose any material difference of opinion in respect of matters of common interest or concern between employers and workmen.


Correct Option: B
Explanation:

(2) Forming groups among workmen and strengthening mediation between employer and employee is not the duty of works committee under the Industrial Disputes Act.

In which of the following cases did the Supreme Court hold that when retrenchment of a workmen is invalid, reinstatement can be ordered?

  1. Harindara Singh v/s Punjab State Warehousing Corporation 2010 II LLJ SC

  2. Surendara Kumar Verma v/s Central Govt. Indl. Tribunal 1981 ILLJ SC

  3. Management W.B. India Ltd v/s Jagannath AIR 1974 SC

  4. Pioneer Ltd v/s Tajdar Hussain AIR 1974 SC


Correct Option: B
Explanation:

(2) In Surendara Kumar Verma v/s Central Govt. Indl. Tribunal, Supreme Court held that when retrenchment of a workmen is invalid, reinstatement can be ordered.

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