Labour Law

Discuss the definition of 'workman' under Section 2(s) of the Industrial Disputes Act, 1947. Who are excluded from the definition? Examine the judicial interpretation of the term with reference to Bangalore Water Supply & Sewerage Board v. A. Rajappa (1978) and S.K. Verma v. Mahesh Chandra (1983). Has the definition been adequately modified under the Industrial Relations Code, 2020?[10 Marks]

Critically examine the law relating to retrenchment under Sections 25-F, 25-G, and 25-H of the Industrial Disputes Act, 1947. Discuss the mandatory conditions precedent for a valid retrenchment. What are the consequences of non-compliance? Refer to Workmen of Subong Tea Estate v. Outgoing Management (2006) and Punjab Land Development and Reclamation Corporation Ltd. v. Presiding Officer, Labour Court (1990).[10 Marks]

Explain the provisions relating to strikes and lockouts under the Industrial Disputes Act, 1947. Under what circumstances are strikes and lockouts illegal? Discuss the distinction between 'illegal strike' and 'unjustified strike'. Refer to T.K. Rangarajan v. State of Tamil Nadu (2003) and B.R. Singh v. Union of India (1989).[10 Marks]

Discuss the provisions of the Payment of Wages Act, 1936 (now subsumed under the Code on Wages, 2019) regarding time and mode of payment of wages, permissible deductions, and remedies for delayed or non-payment of wages. How does the Code on Wages, 2019 consolidate and improve upon the existing framework?[10 Marks]

Explain the scheme and benefits provided under the Employees' State Insurance Act, 1948. Discuss the various types of benefits — sickness, maternity, disablement, dependants', and medical benefits. How is the ESI scheme administered? Refer to ESIC v. Francis De Costa (1996) and Regional Director, ESIC v. High Land Coffee Works (1991).[10 Marks]

'X', a permanent workman employed in a factory with 350 workers, is retrenched by the management without complying with the provisions of Chapter V-B of the Industrial Disputes Act, 1947. The management neither sought prior permission from the appropriate government under Section 25-N nor gave the three months' notice as required. 'X' was also not paid retrenchment compensation. The management argues that the factory was incurring heavy losses and retrenchment was necessary for its survival. Discuss: (a) Whether the retrenchment is valid in the absence of prior government approval under Section 25-N, referring to Workmen v. Meenakshi Mills Ltd. (1992) and Excel Wear v. Union of India (1978); (b) Whether 'continuous service' of one year under Section 25-B is a prerequisite and whether 'X' is entitled to compensation under Section 25-F; (c) Whether the Industrial Tribunal can direct reinstatement with back wages or only compensation, referring to Deepali Gundu Surwase v. Krishi Utpanna Bazar Samiti (2023).[15 Marks]

Critically analyse the four new Labour Codes — the Code on Wages (2019), the Industrial Relations Code (2020), the Social Security Code (2020), and the Occupational Safety, Health and Working Conditions Code (2020). Discuss how these codes aim to consolidate, simplify, and rationalise India's labour law framework. Evaluate the key changes introduced, including the new definitions of 'worker' and 'employer', the threshold for government permission for retrenchment and closure, fixed-term employment, the universalisation of social security benefits, and the provisions for gig and platform workers. What are the potential challenges in implementation?[15 Marks]

Write a short note on the mechanism of reference and adjudication of industrial disputes under Sections 10 and 10-A of the Industrial Disputes Act, 1947. Discuss the role of Labour Courts, Industrial Tribunals, and National Tribunals.[5 Marks]

Discuss the provisions and significance of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Explain the three schemes under the Act — EPF, EPS, and EDLI. Refer to Regional Provident Fund Commissioner v. Shiv Kumar Joshi (2000).[5 Marks]

Explain the concept of 'closure' of an undertaking under the Industrial Disputes Act, 1947. What conditions must be fulfilled for a valid closure under Section 25-FFA and Section 25-O? How does closure differ from lock-out?[5 Marks]

Write a short note on the constitution and functions of the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Refer to Vishakha v. State of Rajasthan (1997).[5 Marks]

Discuss the liability of employers to pay compensation under the Workmen's Compensation Act, 1923. When is an employer not liable? Explain the doctrine of 'notional extension of employment' with reference to Saurashtra Salt Manufacturing Co. v. Bai Valu Raja (1958).[5 Marks]