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Industrial Dispute Act - 1

Description: Industrial Dispute Act - 1
Number of Questions: 15
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Tags: Industrial Dispute Act - 1 Industrial Dispute Act
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Lockout is

  1. for trade reasons

  2. an act on the part of employer taken to coerce or pressurise the labour

  3. not an intentional act

  4. not concerned with industrial dispute


Correct Option: B
Explanation:

(2) A lockout is generally used to enforce terms of employment upon a group of employees during a dispute. A lockout can act to force unionized workers to accept changed conditions such as lower wages.

Choose the correct option for the given statements.

Assertion (A): Definition of lay-off as given under the Industrial Disputes Act does not confer any power on the management to lay-off. Reason (R): Financial stringency cannot constitute a ground for lay-off.

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

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

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

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


Correct Option: B
Explanation:

Lay off means to discontinue work or activity to dismiss/discharge temporarily. Lay off does not confer any power on the management to lay-off. Financial stringency can never be a ground for lay off held by Supreme Court. Reason doesn't constitute correct explanation for assertion. 

Consider the following statements and choose the correct option.

I. Lock-out indicates the closure of the place of business. II. Lock-out indicates the closure of the business itself. III. Suspension of work due to trade reasons constitutes lockout. IV. Lock-out does not include discharge.

  1. I, II and III are correct.

  2. II and III are correct.

  3. I and IV are correct.

  4. II and III are correct.


Correct Option: C
Explanation:

Lockout is the corresponding weapon in the armoury of the employer. In the case of lockout, it is only the place of business which is closed and not the business itself. In lockout employer shuts down his place of business as a means of reprisal.  Lock-out does not include discharge.

The Industrial Disput Act, 1947 aims at

  1. providing social security benefits to the workmen

  2. regulating conditions of work in industries

  3. investigation and settlement of industrial disputes

  4. regulating the employment of women during certain periods


Correct Option: B
Explanation:

(2) 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.

Consider the following judicial decisions:

I. Hindustan Steel Ltd. vs. Presiding Officer II. Management of KSRT Corp, Bangalore vs. M. Boraih III. Pipraich Sugar Mills vs. Mazdoor Union IV. Management of W.B. India Ltd. vs. Jaganath

What is the correct sequence in which these judicial decisions were rendered?

  1. I, IV, II and III

  2. IV, II, III and I

  3. II, III, I and IV

  4. III, II, IV and I


Correct Option: D
Explanation:

III, II, IV and I

The power of the appropriate Government under Section 10 to refer industrial disputes for adjudication is

  1. an administrative power

  2. legislative power

  3. judicial power

  4. quasi-judicial power


Correct Option: A
Explanation:

(1) It has been taken that while exercising its powers under Section 10(1), the function performed by the appropriate Government is purely administrative in nature.

Which of the following is not an ‘industry’?

  1. Forest Department of State

  2. Indian Red Cross Society

  3. Federation of Indian Chamber of Commerce and Industries

  4. Khadi and Village Industries Board


Correct Option: A
Explanation:

(1) Forest Department of State is not an industry.

Consider the following judicial decisions on the meaning of industry:

I. Indian Red Cross Society V. Additional Labour Court, Chandigarh II. Dhanrajgiri Hospital V. Workmen III. State of Punjab V. Kuldeep Singh IV. Prema Govinda V. Karnataka Small Scale Industries Association, Bangalore

The correct order in which these judicial decisions were rendered is

  1. II, III, I and IV

  2. III, II, IV and I

  3. IV, III, I and II

  4. II, I, III and IV


Correct Option: D
Explanation:

II, I, III and IV

Which of the following does not relate to “industrial dispute”?

  1. Dispute or difference connected with employment of labour

  2. Dispute or difference connected with non-employment of labour

  3. Dispute or difference connected with the terms of employment or with the conditions of labour

  4. Dispute or difference connected with the election of a trade union


Correct Option: D
Explanation:

(4) According to Industrial Disputes Act, 1947, the term ‘industrial dispute’ means any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen, which is connected with the employment or non- employment or the terms of employment and conditions of employment of any person.

A certificate of registration of a trade union is

  1. rebuttable evidence

  2. irrebuttable evidence

  3. conclusive evidence

  4. None of these


Correct Option: C
Explanation:

(3) The Registrar on registering a Trade Union shall issue a certificate of registration in prescribed Form C, which shall be conclusive evidence that the Trade Union has been duly registered.

Which of the following is related to “settlement”?

  1. Strike

  2. Lock-out

  3. Retrenchment

  4. Conciliation

  5. Lay off


Correct Option: D
Explanation:

(4) Conciliation means bringing two opposing sides together to reach a compromise in an attempt to avoid taking a case to trial.

Choose the correct statements on industrial dispute:

I. Industrial dispute will subsist inspite of closure of industry. II. An industrial dispute can arise when a demand is made by a workman and denied by the employer. III. Once a dispute is referred for adjudication, the presumption is that it is an industrial dispute. IV. Employer’s failure to keep his verbal assurances is an industrial dispute.

  1. I and II are correct.

  2. II and III are correct.

  3. III and IV are correct.

  4. I, II and III are correct.


Correct Option: D
Explanation:

I. Industrial dispute will subsist inspite of closure of industry. II. An industrial dispute can arise when a demand is made by a workman and denied by the employer. III. Once a dispute is referred for adjudication, the presumption is that it is an industrial dispute are correct. 

Layoff means

  1. removing a workman

  2. retirement of a workman

  3. dismissing a workman

  4. inability of employer to provide work to a workman


Correct Option: D
Explanation:

(4) Layoff means suspension or termination of employment with or without notice by the employer or management. Layoffs are not caused by any fault of the employees, but by reasons such as lack of work, cash or material. 

Permanent closing down of a part of place of work is called

  1. layoff

  2. retrenchment

  3. closure

  4. lockout

  5. strike


Correct Option: C
Explanation:

(3) Under the Industrial Dispute Act, 1947, closure means the permanent closing down of a place of employment or part thereof.

A strike means

  1. mere cessation of work

  2. cessation of work under common understanding

  3. cessation of work coupled with gherao of management

  4. slowing down the production

  5. All of above


Correct Option: C
Explanation:

(3) A refusal to work, organised by a body of employees as a form of protest, typically in an attempt to gain a concession or concessions from their employer. In other words, a strike means cessation of work coupled with gherao of management.

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