Labour Law

Discuss the definition and scope of 'industry' under Section 2(j) of the Industrial Disputes Act, 1947 in light of the triple test laid down by the Supreme Court in Bangalore Water Supply & Sewerage Board v. A. Rajappa (1978). How does the definition of 'industrial establishment' under the Industrial Relations Code, 2020 differ from the existing definition?[10 Marks]

Examine the law relating to the regulation of working hours, rest intervals, weekly holidays, and overtime wages under the Factories Act, 1948. Compare these provisions with the corresponding provisions under the Occupational Safety, Health and Working Conditions Code, 2020. Refer to Bijay Cotton Mills Ltd. v. State of Ajmer (1955).[10 Marks]

Discuss the objects, scope, and machinery for fixing and revising minimum wages under the Minimum Wages Act, 1948. Explain the concept of 'minimum wage', 'fair wage', and 'living wage' as discussed in Express Newspapers (Pvt.) Ltd. v. Union of India (1958) and the recommendations of the Committee on Fair Wages (1948). How does the Code on Wages, 2019 address the floor wage concept?[10 Marks]

Critically analyse the provisions relating to the registration, rights, immunities, and liabilities of trade unions under the Trade Unions Act, 1926. Discuss the concept of 'recognition of trade unions' and 'negotiating agent' under the Industrial Relations Code, 2020. Refer to Balmer Lawrie Workers' Union v. Balmer Lawrie & Co. Ltd. (1985) and All India Bank Employees' Association v. National Industrial Tribunal (1962).[10 Marks]

Explain the provisions of the Maternity Benefit Act, 1961 as amended by the Maternity Benefit (Amendment) Act, 2017. Discuss the enhanced benefits including 26 weeks of paid leave, work-from-home provisions, and creche facilities. How does the Act protect women from dismissal during maternity? Refer to Municipal Corporation of Delhi v. Female Workers (2000) and Air India v. Nergesh Meerza (1981).[10 Marks]

In a factory employing 200 workers, the management declares a lock-out after a group of workers begin a go-slow agitation demanding a wage increase. The workers' union contends that the lock-out is illegal as it was declared without giving 14 days' notice as required under Section 22 of the Industrial Disputes Act, 1947, since the factory is a public utility service. The management argues that the go-slow constituted misconduct and justified immediate action. Discuss: (a) Whether a go-slow is a form of strike under the Industrial Disputes Act and its legal consequences, referring to Bharat Sugar Mills v. Jai Singh (1961); (b) Whether the lock-out declared is legal in the absence of the notice required under Section 22, distinguishing between public utility services and non-public utility services; (c) The rights and remedies available to the workers during the illegal lock-out, including the right to wages for the lock-out period, referring to Management of Kairbetta Estate v. Rajamanickam (1960).[15 Marks]

Discuss the social security framework in India with reference to the Employees' State Insurance Act, 1948 and the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. How does the Social Security Code, 2020 seek to expand and universalise social security coverage to include the unorganised sector, gig workers, and platform workers? Critically evaluate the provisions relating to the constitution of the Social Security Fund, registration on the national portal, and the role of State Unorganised Workers' Boards. What are the practical challenges in implementing universal social security?[15 Marks]

Write a short note on the concept of 'fixed-term employment' as introduced under the Industrial Relations Code, 2020. How does it differ from contract labour? What safeguards have been provided to fixed-term workers?[5 Marks]

Discuss the provisions relating to health, safety, and welfare of workers under the Factories Act, 1948 (Sections 11–20). Explain the obligations of the occupier and the consequences of non-compliance.[5 Marks]

Explain the law relating to the determination and payment of compensation under the Workmen's Compensation Act, 1923. Discuss the method of calculating compensation for permanent total disablement and death. Refer to Pratap Narain Singh Deo v. Srinivas Sabata (1976).[5 Marks]

Write a short note on the concept of 'standing orders' under the Industrial Employment (Standing Orders) Act, 1946. Discuss the procedure for certification of standing orders and the concept of 'model standing orders'.[5 Marks]

Discuss the significance of Section 9-A of the Industrial Disputes Act, 1947 regarding the employer's obligation to give notice of change. What conditions of service are covered? What are the consequences of failure to give notice? Refer to Tata Iron & Steel Co. v. Workmen (1972).[5 Marks]