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Industrial - 1

Description: Industrial - 1
Number of Questions: 15
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Tags: Industrial - 1 Industrial Dispute Act
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The preamble of the Industrial Disputes Act, 1947 states that it is an act to make provision for the ____ and ____ of industrial disputes and for certain other purposes.

  1. investigation; settlement

  2. inquiry; arbitration

  3. investigation; safety

  4. inquiry; welfare


Correct Option: A
Explanation:

The preamble of the Industrial Disputes Act, 1947 states that it is an act to make provision for the investigation and settlement and for certain other purposes.

Under Section 2(oo) of the Industrial Dispute Act, 1947, termination of the services of a workman by the employer for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but not including voluntary retirement; or super-annuation; or non-renewal of contract of employment; or termination of services on the ground of continued ill-health is known as

  1. settlement

  2. retirement

  3. suspension

  4. retrenchment


Correct Option: D
Explanation:

Section 2(oo) of the Industrial Dispute Act, 1947 defines retrenchment as the termination of the services of a workman by the employer for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but not including voluntary retirement; or super-annuation; or non-renewal of contract of employment; or termination of services on the ground of continued ill-health.

Under the Industrial Disputes Act, 1947, _____________ means the temporary closing of a place of employment or suspension of work or the refusal by _____________ to continue to employ any number of persons so employed.

  1. lay-off; an employer

  2. lock out; an employer

  3. strike; government

  4. retrenchment; an employer.


Correct Option: B
Explanation:

Under the Industrial Disputes Act, 1947, lock out means the temporary closing of a place of employment or suspension of work or the refusal by an employer to continue to employ any number of persons so employed.

Under the Industrial Disputes Act, 1947, unfair labour practices on the part of employers and trade unions of employers are specified in

  1. second schedule

  2. third schedule

  3. fourth schedule

  4. fifth schedule


Correct Option: D
Explanation:

Under the Industrial Disputes Act, 1947, unfair labour practices on the part of employers and trade unions of employers are specified in fifth schedule.

Under the Industrial Disputes Act, 1947, which of the following matters does not fall within the jurisdiction of Industrial Tribunals?

  1. Classification by grades

  2. Rationalisation

  3. Leave with wages and holidays

  4. Illegally or otherwise of a strike or lock–out


Correct Option: D
Explanation:

Illegally or otherwise of a strike or lock–out matter does not fall within the jurisdiction of Industrial Tribunals.

As per Section 22 of the Industrial Disputes Act, 1947, no person employed in a public utility service shall go on strike in breach of contract without giving to the employer a notice of strike within ____ before striking or within fourteen days of giving such notice.

  1. three weeks

  2. six weeks

  3. eight weeks

  4. five weeks


Correct Option: B
Explanation:

As per Section 22 of the Industrial Disputes Act, 1947, no person employed in a public utility service shall go on strike in breach of contract without giving to the employer a notice of strike within six weeks before striking or within fourteen days of giving such notice.

Under Section 3 of the Industrial Disputes Act, 1947, the appropriate government may by general or special order require the employer to constitute in the prescribed manner ____ in industrial establishments, where _____ or more workmen are employed on any working day in the preceding 12 months and such committee will be comprised of the representatives of employers and workmen engaged in the establishment.

  1. an appropriate committee; 300

  2. an employers committee; 100

  3. a workers committee; 100

  4. a government committee; 500


Correct Option: B
Explanation:

Under Section 3 of the Industrial Disputes Act, 1947, the appropriate government may by general or special order require the employer to constitute in the prescribed manner an employer’s committee in industrial establishments, where 100 or more workmen are employed on any working day in the preceding 12 months and such committee will be comprised of the representatives of employers and workmen engaged in the establishment.

Which of the following persons is not included in the definition of 'workman' under the Industrial Disputes Act, 1947?

  1. Who is employed in a supervisory capacity drawing more than 6,500 but less than 7,500 per month as wages

  2. Who is employed in a supervisory capacity drawing more than 1,600 but less than 6,500 per month as wages

  3. Who is employed in a supervisory capacity drawing more than 10,000 per month as wages

  4. Who is employed in a supervisory capacity drawing more than 1,600 per month as wages


Correct Option: D
Explanation:

Who is employed in a supervisory capacity drawing more than 1,600 per month as wages is not included in the definition of 'workman' under the Industrial Disputes Act, 1947.

Which of the following is not included in the definition of 'wages' under the Industrial Disputes Act, 1947?

  1. Any allowances as the workman for the time being entitled to

  2. Any travelling concession

  3. Any contribution paid or payable by the employer to any pension fund

  4. Any commission payable on the promotion of sales or business or both


Correct Option: C
Explanation:

Any contribution paid or payable by the employer to any pension fund is not included in the definition of 'wages' under the Industrial Disputes Act, 1947.

In any industrial dispute or any matter appearing to be connected with or relevant to the dispute specified in the Second Schedule of the Industrial Disputes Act, 1947, the appropriate government by order in writing may make a reference for adjudication to

  1. Labour Court

  2. Court of Inquiry

  3. Industrial Tribunal

  4. National Tribunal


Correct Option: A
Explanation:

In any industrial dispute or any matter appearing to be connected with or relevant to the dispute specified in the Second Schedule of the Industrial Disputes Act, 1947, the appropriate government by order in writing may make a reference for adjudication to Labour Court.

In the case of Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate, which of the following objectives of the Industrial Disputes Act, 1947 were not laid down by the Supreme Court?

  1. Promotion of measures of securing and preserving amity and good relations between the employer and workmen

  2. Investigation and settlement of industrial disputes between employers and employees

  3. Promotion of collective bargaining

  4. Promotion of lay-off and lock-outs


Correct Option: A
Explanation:

Promotion of measures of securing and preserving amity and good relations between the employer and workmen not being an objective of the Industrial Disputes Act has not been laid down in the case of Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate.

Under the Industrial Disputes Act, 1947, failure, refusal or inability of an employer to give employment to a workman whose name appears on the muster-rolls of his industrial establishment and who has not been retrenched due to breakdown of machinery is called

  1. lay-off

  2. lock out

  3. retrenchment

  4. termination


Correct Option: A
Explanation:

Under the Industrial Disputes Act, 1947, failure, refusal or inability of an employer to give employment to a workman whose name appears on the muster-rolls of his industrial establishment and who has not been retrenched due to breakdown of machinery is called lay-off.

In terms of Section 25N of the Industrial Disputes Act, 1947, a workman employed in any industrial establishment shall be retrenched by the employer by giving __________ notice in writing, indicating the reasons for retrenchment.

  1. 1 month

  2. 3 months

  3. 15 days

  4. 21 days


Correct Option: B
Explanation:

In terms of Section 25N of the Industrial Disputes Act, 1947, a workman employed in any industrial establishment shall be retrenched by the employer by giving three months notice in writing, indicating the reasons for retrenchment.

Under the Industrial Disputes Act, 1947, which of the following matters does not fall within the jurisdiction of Labour Courts?

  1. Hours of work and rest intervals

  2. The application and interpretation of standing orders

  3. Withdrawal of any customary concession or privilege

  4. The propriety or legality of an order passed by an employer under standing orders


Correct Option: A
Explanation:

Hours of work and rest intervals is not a matter that falls within the jurisdiction of Labour Courts.

Consider the following statements on industrial dispute and choose your answer from the given options.

Codes: 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: A
Explanation:

Industrial dispute does not come to an end after closure of industry. Industrial disputes are defined as when a demand is made by a workman and denied by the employer.  

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