Calcutta University
8th Semester Examination, 2025
Paper 4 ~ Labour and Industrial Law - I
Full Marks: 80
Time: 3 Hours
Instructions:
- The figures in the margin indicate full marks.
- Candidates are required to give their answers in their own words as far as practicable.
- Answer any five questions.
(a) Define “Industry” under the Industrial Disputes Act, 1947, with reference to the Bangalore Water Supply case. [8]
(b) Distinguish between “Industrial Dispute” and “Individual Dispute” under the same Act. [8]Discuss the provisions relating to retrenchment under the Industrial Disputes Act, 1947. Highlight the conditions precedent for valid retrenchment with case laws. [16]
(a) Explain the procedure for registration of a trade union under the Trade Unions Act, 1926. [10]
(b) Discuss the immunities available to registered trade unions under the Act. [6]Examine the provisions of the Factories Act, 1948, concerning the health and safety of workers. How do these provisions address hazardous processes? [16]
(a) Define “Employee” and “Dependants” under the Employees’ Compensation Act, 1923. [6]
(b) When is an employer liable to pay compensation under this Act? Discuss with case laws. [10]Discuss the permissible deductions from wages under the Payment of Wages Act, 1936. Explain the role of the authority in resolving wage disputes. [16]
(a) Explain the objectives of the Minimum Wages Act, 1948. [6]
(b) Discuss the procedure for fixation and revision of minimum wages under the Act. [10]Analyze the role and powers of the Conciliation Officer under the Industrial Disputes Act, 1947, in resolving industrial disputes. [16]
(a) Discuss the provisions regulating strikes and lock-outs under the Industrial Disputes Act, 1947. [10]
(b) Explain the concept of “Unfair Labour Practice” with examples. [6]Write short notes on any four of the following: [4 × 4]
(a) Lay-off
(b) Hazardous Process
(c) Inspector under Factories Act
(d) Appropriate Government
(e) Wages under Payment of Wages Act
(f) Closure
Calcutta University
Predicted Question Paper for 2025
Paper 4 ~ Labour and Industrial Law - I
Full Marks: 80
The figures in the margin indicate full marks. Candidates are required to give their answer in their own words as far as practicable.
Answer any five of the following questions:
1.a) Define the term "Factory" as provided under the Factories Act, 1948.
b) Discuss in detail the provisions related to the "safety" of workers as enshrined in the Factories Act, 1948.
(6+10)
2.Discuss the provisions relating to the appointment, powers, and functions of an "Inspector" under the Factories Act, 1948. (16)
3.a) Distinguish between "Fair Wage," "Living Wage," and "Minimum Wage" under the Minimum Wages Act, 1948.
b) What is the procedure for fixing and revising the minimum rates of wages under the Act? (8+8)
4.Explain the doctrine of "notional extension" with relevant case laws. Under what circumstances is an employer liable to pay compensation for personal injury to a workman under the Workmen's Compensation Act, 1923? (16)
5.Define the following terms under the Workmen's Compensation Act, 1923:
a) Dependant 24242424
b) Workman 25252525
c) Partial Disablement 26262626
d) Total Disablement 27272727
(4x4=16)
6.Discuss the constitution, powers, and functions of the "Corporation" and the "Standing Committee" under the Employee's State Insurance Act, 1948. (16)
7.a) Who is an "employee" under the Employee's State Insurance Act, 1948?
b) Explain the term "contribution" under the Act. Who is liable to make these contributions, and how are they paid? (6+10)
8.Discuss the salient features of the Fatal Accidents Act, 1855, relating to the provision of compensation to the family for the loss occasioned by the death of a person due to an actionable wrong. (16)
9.a) What are the general duties of an "Occupier" of a factory as laid down in the Factories Act, 1948?
b) What are the provisions for the "welfare" of workers under the said Act? (8+8)
10. Write short notes on any two of the following:
a) Certifying Surgeon
b) Contracting out under the Minimum Wages Act, 1948
c) The procedure for claiming compensation under the Workmen's Compensation Act, 1923.
d) Sickness benefit under the ESI Act, 1948.
(8x2=16)
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