PAPER: XXXII

LABOUR LAWS
Unit I HISTORICAL PERSPECTIVES ON LABOUR:
1.1. labour through the ages - Slave labour - Guild system - division on
case basis - labour during feudal days. 1.2. Colonial labour law and policy.
1.3. labour – capital conflicts: Exploitation of labour, profit, motive, poor
bargaining power, poor working conditions unorganised labour, surplus
labour, division of labour and super-specialisation, lack of alternative
employment. 6.4. International Labour Standards and their
implementation. 6.5. From Laissez faire to Welfare State: transition from
exploitation to protection and from contract to Statue.

Unit II TRADE UNIONISM:

2.1.Labour Movement as a counter measure to exploitation - History of
trade union movement in India. 2.2. Right to trade union as part of human
right freedom of association, amalgamation, rights and liabilities
dissolution. 2.3. Legal control and protection of trade union: registration,
amalgamation, rights and liabilities, dissolution.2.4. Problems: multiplicity
of Unions, over politicization - intra-union and inter-union rivalry, outside
leadership, closed shop and unionshop, recognition of unions.

Unit III COLLECTIVE BARGAINING:

3.1. Concept of collective bargaining. 6.2.lriternational norms-conditions
precedent - merits and demerits. 3.3. Bargaining process. 3.3.1. Negotiation
3.3.2. Pressurization: Strike and lockout, go slow, work to rule, gherao. 3.4.
Structure of bargaining: Plant, industry and national levels. 3.5. Duration
and enforcement of bipartite agreement.
3.6. Reforms in law.

Unit IV STATE REGULATION OF INDUSTRIAL RELATIONS:

4.1.Theoretical foundations: Social Justice, labour welfare, public interest
productivity, productivity, industrial peace and development, price control.
4.2. Recognition of mutual arrangements. 4.2.2. Assistance to bipartite
settlement : Conciliation, voluntary arbitration, formulation of standing
orders. 4.2.3. State prescription of machinery: reference for adjudication
(the political overtones), the adjudicatory mechanisms (How do they differ
from courts? Award and its binding nature, judicial review of awards. 4.2.4.
State prescription of standards in layoff, strike, lockout, retrenchment,
closure and transfer of undertakings. 4.3. The conceptional conundrum:
industry, industrial disputes, workmen. 4.4.unfair labour practices.

Unit V DISCIPLINE IN INDUSTRY: RESTRAINTS ON MANAGERIAL

PREROGATIVES:
5.1.Doctrine of hire and fire history of management's prerogative.
5.2.Fairness in disciplinary process: 5.2.1. Punishment for misconduct
meaning of misconduct.
5.2.2. the right to know: the charge sheet. 6.2.3. the right to defend:
domestic enquiry, notice, evidence, cross-examination, representation,
unbiased inquiry officer and reasoned decision. 5.2.4. Prenatal (permission)
and postnatal Approval) control during dependency of proceedings (5.33 of
the I.D.Act).

Unit VI REMUNERATION FOR LABOUR:

6.1.Theories of wages: Marginal productivity, subsistence, wages fund,
supply and demand, residual claimant, standard of living. 6.2. Concepts of
Wages (minimum wages, fair wages, living wages, need-based minimum
wages).6.3.Components of wages: dearness allowance, principle of fixation.
6.4. Disparity in wages in different sectors – Need for rationalisation and
national approach.6.5.Wage determining process - modes
and modalities 6.5.1.unilateral fixation by employer.6.5.2.Bilateral fixation
a.5.3.Conciliation, arbitration and adjudication. 6.5.4. Wage Board and Pay
Commission. 6.5.5. principles of Wage fixation.6.5. Concept of bonus -
Computation of bonus 6.7.Protection of Wages: Non-payment, delayed
payment, unauthorlsed deductions remedial measures

Unit VII HEALTH AND SAFETY:

7.1. Obligations for health and safety of workmen- Legislative controls:
Factory, mines, and plantations. 7.2. Employer's liability7.2.1. Workmen's
compensation. 7.2.2. Employees' State Insurance 7.2.3. Liability for
hazardous and inherently dangerous industries - Environmental protection.

Unit VIII LABOUR WELFARE :

8.1. Welfare provided by the employers and through bipartite agreements
and by statutory prescription.8.2. Provident Fund and family pension. 8.3.
Gratuity. 8.4. Inter-state migrant workmen - regulation of employment and
conditions of service.8.5. Regulation of working hours: Statutory controls.
8.6. Women and labour force. 8.6.1. Equal Remuneration law, maternity
benefits, protective provisions for women under factories, plantations and
Mines laws. 8.7.Employment of young persons - prohibition of employment
of children, regulation of employment of young persons.

Unit IX PROTECTION OF THE WEAKER SECTIONS OF LABOUR:

9.1.Triballabour: Need for regulation. 9.2.Beedi workers 9.3.Unorganised
labour like domestic servants Problems and perspectives. 9.4. Bonded
Labour: Socioeconomic programmes for rehabilitation. 9.5. Contract labour
- regulation.9.6. Constitutional dimensions of labour standards.

PAPER – VI LABOUR LAWS

 PART – A 6*2=12 MARKS

2010 2011
1. UNORGANIZED LABOUR 1. WELFARE STATE
2. WELFARE STATE 2. MULTIPLICITY OF UNIONS
3. LOCK OUT 3. UNFAIR LABOUR PRACTICES
4. SOCIAL JUSTICE 4. DEARNESS ALLOWANCE
5. CHANGE SHEET 5. EMPLOYEES STATE INSURANCE
6. DEARNESS ALLOWANCE 6. GRATUITY
7. PROVIDENT FUND 7. UNORGANIZED LABOUR
8. WAGE BOARD 8. DOCTRINE OF HIRE AND FIRE
9. ENVIRONMENTAL PROTECTION 9. NEED BASED MINIMUM WAGE
10. TRIBAL LABOUR 10. SOCIAL JUSTICE

2012 2014
1. SLAVE LABOUR 1. EQUAL PAY FOR EQUAL WORK
2. UNION RIVALARY 2. MINIMUM WAGE
3. TRADE UNION 3. WAGE BOARD
4. PUBLIC INTEREST 4. BARGAINING POWER
5. LAY OFF 5. STANDING ORDERS
6. CONCILIATION 6. WORKS COMMITTEE
7. CHARGE SHEET 7. LOCK - OUT
8. LIVING WAGE 8. DOMESTIC ENQUIRY
9. PROVIDENT FUND 9. LAISSEZ FAIRE STATE
10. CONTRACT LABOUR

2015 2016
1. BONDED LABOUR 1. AMALGAMATION OF TRADE UNIONS
2. MATERNITY BENEFIT 2. TRADE DISPUTE
3. THOERIES OF WAGES 3. PUBLIC UTILITY SERVICE
4. TRADE UNION 4. LOCK OUT
5. VOLUNTARY ARBITRATION 5. WORK TO RULE
6. GENERAL FUND 6. DISABLEMENT
7. UNORGANIZED LABOUR 7. WAGE BOARD
8. BEEDI WORKERS 8. RESIDUAL CLAIMENT
9. EQUAL PAY FOR EQUAL WORK 9. NOMINATION

2017 2018
1. POLITICAL FUND OF TRADE UNIONS 1. AMALGAMATION OF TRADE UNION
2. AWARD 2. WORKERS PARTICIPATION IN MANAGEMENT
3. STRIKE 3. RETRENCHMENT
4. LAY OFF 4. CHILD LABOUR
5. DEPENDANT 5. INDUSTRY
6. OCCUPATIONAL DISEASES 6. ALLOCABLE SURPLUS
7. BIPARTITE AGREEMENT 7. KINDS OF WAGES
8. REMUNERATION 8. SAFETY MEASURES FOR EMPLOYEES
9. CONTRACT LABOUR 9. UNORGANIZED LABOUR

2019
1. Living wage
2. Amalgamation of Trade Union
3. Workers participation in management
4. Retrenchment
5. Labour Welfare
6. Equal pay for equal work
7. Contract Labour
8. Collective bargaining
9. Factory
 PART – B 2*14=28
MARKS
2010
11. EXPLAIN THE LEGAL PROTECTION EXTENDED TO TRADE UNION UNDER TRADE UNION ACT.
12. EXPLAIN WORKER’S RIGHT TO STRIKE.
13. EXPLAIN THE REQUISITION FOR FAIRNESS IN DISCIPLINARY PROCESS WHILE CONDUCTING
AN ENQUIRY AGAINST A WORKMAN.
14. EXPLAIN THE LIABILITY EMPLOYER UNDER WORKMEN’S COMPENSATION ACT.

2011
11. BRIEFLY EXPLAIN THE TRADE UNION MOVEMENT IN INDIA AND STATE THE LEGAL
PROTECTION EXTENDED TO REGISTERED TRADE UNIONS.
12. WHAT IS MINIMUM WAGE AND EXPLAIN THE LEGAL REGULATIONS OF MINIMUM WAGES IN
INDIA?
13. EXPLAIN THE LEGAL PROTECTION EXTENDED TO BONDED LABOUR IN INDIA.
14. EXPLAIN THE LEGAL MEASURES FOR REGULATION OF EMPLOYMENT OF YOUND PERSONS.

2012
11. EXPLAIN WORKERS RIGHT TO TRADE UNION
12. EXPLAIN THE CONCEPT OF COLLECTIVE BARGAINING
13. EXPLAIN THE OBJECTIVES OF WORKMENS COM[ENSATION ACT
14. EXPLAIN DIFFERENT THEORIES OF WAGES AND EMPLOYER TO PAY WAGES.

2014
10. WHAT IS LABOUR WELFARE? DISCUSS VARIOUS WELFARE PROVISIONS AS APPLICABLE TO
ORGANIZED AND UNORGANIZED WORKMEN.
11. EXPLAIN THE PROVISIONS RELATING TO SAFETY MEASURES UNDER FACTORIES ACT, 1948
12. DISCUSS THE CONSTITUTIONAL PERSPECTIVES ON WAGES WITH REFERENCE RANDHIR
SINGH Vs. UNION OF INDIA (1982) WHERE THE SUPREME COURT HELD THAT EQUAL PAY FOR
EQUAL WORK IS PART OF ARTICLE 21 AND 23 OF THE INDIAN CONSTITUTION.
13. EXPLAIN THE MERITS AND DEMERITS OF COLLECTIVE BARGAINING AS A METHOD OF
SETTLEMENT OF INDUSTRIAL DISPUTES.

2015
10. WHAT DO YOU UNDERSTAND BY THE MINIMUM WAGES IN INDIA? EXPLAIN THE PROCEDURE
FOR FIXATION OF THE MINIMUM WAGES UNDER THE MINIMUM WAGES ACT, 1948.
11. DEFINE STANDING ORDERS AND DISCUSS THE PROCEDURE FOR THE CERTIFICATION AND
MODIFICATION OF STANDING ORDERS.
12. CRITICALLY EXAMINE THE IMPACT OF GLABALIZATION AND PRIVATIZATION ON THE
EXISTING SOCILA SECURITY MEASURES AVAILABLE TO THE WORKFORCE IN INIDA.
13. DISCUSS THE LAW RELATING TO PROHIBITION OF STRIKES AND LOCKOUTS UNDER THE
INDUSTRAIL DISPUTES ACT, 1947.

2016
10. BRIEFLY DISCUSS THE HISTORY OF TRADE UNION MEVEMENT IN INIDA IN THE CONTEXT OF
POLITICAL AFFILIATION.
11. EXPLAIN THE PROVISIONS OF THE FACTORIES ACT, 1948 IN RELATION TO THE HEALTH AND
SAFETY OF WORKERS IN THE FACTORY.
12. DEFINE ‘BONDED LABOUR’. WRITE A CRITICAL NOTE ON SOCIO ECONOMIC PROGRAMS FOR
REHABILITATION OF
BONDED LABOUR.
13. ELUCIDATE THE MEANING OF THE EXPRESSION, “ACCIDENT ARISING OUT OF AND IN THE
COURSE OF EMPLOYMENT” USED IN THE WORKMEN’S COMPENSATION ACT.

2017
10. WHAT ARE THE CIRCUMSTANCES IN WHICH AND THE EXTENT TO WHICH A TRADE UNION IS
PROTECTED FROM CIVIL AND CRIMINAL LIABILITY?
11. WHAT IS MATERNITY BENEFIT? WHAT ARE THE SPECIAL PROVISIONS OF THE FACTORIES ACT
RELATING TO WOMEN WORKERS?
12. DO YOU AGREE WITH THE VIEW THAT THE WORKMEN’S COMPENSATION ACT. HAS BECOME
REDUNDANT AND DESERVES TO BE REPEALED IN VIEW OF THE WIDER RANGE OF ESI ACT?
13. WRITE A CRITICAL NOTE ON PROBLEMS AND PERSPECTIVES OF UNORGANIZED LABOUR.

2018
10. EXPLAIN THE SALIENT FEATURES OF WORKMEN COMPENSATION ACT AND DISCUSS IN
WHICH SITUATION AN EMPLOYER IS NOT LIABLE TO PAY COMPENSATION FOR THE INJURIES
CAUSED TO HIS EMPLOYEES?
11. WHAT IS THE MEANING OF COLLECTIVE BARGAINING? EXPLAIN ITS MERITS AND DEMERITS?
EXPLAIN THE VALUE OF AGREEMENTS ARRIVED AT THROUGH COLLECTIVE BARGAINING.
12. DISCUSS THE LAW RELATING TO PROHIBITION OF STRIKES AND LOCK-OUTS UNDER THE
INDUSTRIAL DISPUTES ACT, 1947.
13. WHAT DO YOU UNDERSTAND BY THE MINIMUM WAGES IN INDIA? EXPLAIN THE PROCEDURE
FOR FIXATION OF THE MINIMUM WAGES UNDER THE MINIMUM WAGES ACT, 1948.

2019
10. Define the term industry and explain how the supreme Court of India has extended its scope in
various decisions?
11. What is the procedure for registration of a trade union? What are the powers of a Registrar
appointed under the provisions of the Trade Union Act, 1926?
12. Discuss the law ralating to prohibition of Strikes and Lockouts under the Industrial Disputes
Act, 1947?
13. Discuss various Theories of Wages and also examine their validity and relevance in the present
era of Privitization?

PART – C 2*15= 30
MARKS
2010
15. TEN WORKMEN REGISTERED A TRADE UNION. AFTER REGISTRATION FIVE WERE TERMINED
FROM EMPLOYMENT FOR DIFFERENT REASONS FOR THE REGISTRATION OF TRADE UNION IS
VALID AND CONTINUED. ADVICE.
16. A WORKER WHILE WORKING IN THE OFFICE SUFFERED HEART ATTACK AND DIED. THE LEGAL
HEIRS OF WORKMEN CLAIMED COMPENSATION UNDER WORKMEN’S COMPENSATION ACT.
ADVICE.
17. AM EMPLOYER FAILED TO PAY MINIMUM WAGES ON THE GROUND THAT HIS INDUSTRY HAS
BECOME BANKRUPT. WORKERS IN THAT INDUSTRY AGITATED FOR PAYMENT OF MINIMUM
WAGES. DECIDE.
18. ‘X’ EMPLOYED ‘Y’ AND ‘Z’, TWO WOMEN, TO DO THE SAMS WORK AND PAID DIFFERENTLY. ‘Z’
QUESTIONED THIS AS VIOLATION UNDER EQUAL REMUNERATION ACT. DECIDE.

2011

15. X. A PERMANENT EMPLOYEE WAS TERMINATED FROM EMPLOYMENT BY Y WITHOUT

CONDUCTING DOMESTIC ENQUIRING. ADVICE X.
16. X AND CONTRACTOR EMPLOYED Y, A WORKER ALONG WITH SOME OTHERS, TO ATTEND THE
WORK Z. Y WAS APPOINTED BY X WITHOUT THE KNOWLEDGE OF Z. X FAILED TO PAY THE WAGES
TO Y. LATER X WAS ABSCONDED. Y SUED Z FOR LIABILITY. DECIDE.
17. MEMBER OF TRADE UNION WERE TERMINATED FROM EMPLOYMENT FOR PARTICIPATION IN
A STRIKE. THE TRADE UNION CONTENDED THAT ITS MEMBERS HAVE FUNDAMENTAL RIGHT TO
GO ON STRIKE. DECIDE.
18. SOME AGRICULTURAL WORKERS WERE DENIED FOR PAYMENT OF MINIMUM WAGES. THEY
FILED A CASE AGAINST THE EMPLOYEE UNDER MINIMUM WAGES ACT. THE EMPLOYER
CONTENDED THAT MINIMUM WAGES ACT IS APPLICABLE ONLY TO INDUSTRIAL WORKERS.
DECIDE.
2012
15. A REGISTERED TRADE UNION GAVE A CALL TO ITS MEMBERS TO BOYCOTT THE OFFICE. THE
EMPLOYER LODGED A CRIMINAL COMPLAINT STATING THAT THE TRADE UNION ABETTED ITS
EMPLOYEES TO BOYCOTT THE OFFICE. ADVISE TRADE UNION.
16. A, STARTED A FACTORY AND ENGAGED WORKERS. A FAILED TO PAY MINIMUM WAGES. A
PLEADED THAT HIS FACTORY IS A NEW ONE AND IT HAS NO CAPACITY TO PAY MINIMUM WAGES.
DECIDE.
17. AN EMPLOYER ORDERED A DOMESTIC ENQUIRY AGAINST HIS WORKER X AND APPOINTED
ONE OF HIS OFFICERS AS ENQUIRY OFFICER. X PLEADED THAT APPOINTMENT OF HIS OWN
OFFICER AS ENQUIRY OFFICER AMOUNTS TO BASIS. DECIDE.
18. X COMPANY IS RUNNING IN LOSSES AND UNABLE TO PAY BONUS TO ITS WORKERS.
WORKERS DEMANDED THE PAYMENT OF BONUS AS A STATUTORY RIGHT. DECIDE.

2014
14. IN THE STATE OF ANDHRA PRADESH UNDER THE INDIRA JALAPRABHA, IT WAS DECIDED TO
DIG A WELL AT THE COST OF THE GOVERNMENT ON THE LAND POSSESSED BY ONE
Mr. VENKATESH IN THE VILLAGE OF TADIKONDS, GUNTUR Dt. A PRIVATE COMPANY WAS
DEPUTED TO SUPERWISE THE SCHEME AND MAKE PAYMENT OF LABOUR CHARGES. MR.
VENKATESH WAS WORKING AS A MASON FOR THE CONSTRUCTION OF A DEEP WELL. ONEDAY
WHILE HE WAS DOING BRICK WORK INDIDE THE WELL HE RECEIVED SERIOUS INJURIES DUE TO
LAND SLIDE. LATER ON HE DIED IN THE HOSPITAL. HIS WIDOW Mrs. RATTAMMA CLAIMED
COMPENSATION FROM THE STATE OF ANDHRA PRADESH. DECIDE. SUPPORT YOUR ANSWERS
WITH RELEVANT STATUTORY PROVISONS AND DECIDED CASES.

15. A NOTIFICATION WAS ISSUED BY THE STATE OF A.P. UNDER THE CONTRACT LABOUR
(REGULATION AND ABOLITION) ACT, 1970 PROHIBITING EMPLOYMENT OF CONTRACT LABOUR
IN ESTABLISHMENTS / FACTORIES EMPLOYING 50 OR MORE WORKMEN. THE SAID
NOTIFICATION WAS CHALLENGED BY ONE Mr. VENKAT RAO, THE DIRECTOR OF VENKATESHA
METALS LIMITED THAT IT WAS ISSUED WITHOUT SEEKING ADVICE OF STATE ADVISORY BOARD
AND WITHOUT CONSIDERING THE MATERIAL RELEVANT TO THE SAME. DECIDE.
16. AN EMPLOYEE DIED AT THE RAILWAY LEVEL CROSSING BECAUSE OF COLLISION WITH A
SHUNTING TRAIN WHILE HE WAS ON HIS WAY TO EMPLOYMENT. THE DECEASED WIFE CLAIMED
COMPENSATION BUT THE EMPLOYER REFUSED TO PAY AS THE DEATH OCCURRED PUTSIDE THE
PREMISES. DECIDE.
17. THE WORKERS OF A REPUTED 5 STAR HOTEL WERE ON STRIKE AND DURING THE STRIKE
THEY OBSTRUCTED THE FREE MOVEMENT OF EXECUTIVE CUSTOMERS AND OTHER PUBLIC
VEHICLES. MANAGEMENT BROUGHT PERMANENT INJUNCTION RESTRAINING THE WORKMEN
FROM RESORTING TO STRIKE WITHIN 100 YARDS FROM THE HOTEL. CAN THE WORKERS CLAIM
THE IMMUNITY UNDER SECTION 18 OF TRADE UNIONS ACT?

2015
14. A WORKMAN IS RETRANCHED BY THE EMPLOYER BY THE ORAL ORDERS. THE WORKMAN
WOANTS TO CHALLENGES THE SAME AS ARBITRARY AND UNTENABLE UNDER I.D. ACT. DECIDE.
15. ‘P’ EMPLOYED IN THE MANAGERIAL CADRE OF A STEEL INDUSTRY CLAIMED GRATUITY ON
HIS SUPERANNUATION. MANAGEMENT REJECTED HIS CLAIM. THE DISPUTE WAS REFERRED TO
LABOUR COURT. DECIDE.
16. A TRADE UNION LEADER WAS IMPRISONED FOR 5 YEARS FOR AN OFFENCE INVOLVING
MORAL TURPITUDE AND 5 YEARS HAVE NOT ELAPSED SINCE HIS RELEASE. HE WANTS TO BE
CHOSEN AS AN OFFICE BEARER OF A REGISTERED TRADE UNION. ADVISE.
17. A DAILY WAGE WORKER OF A UNIVERSITY HOSTEL MET WITH AN ACCIDENT IN THE COURSE
OF EMPLOYMENT. THE ACCIDENT RESULTED IN THE PERMANENT TOTAL DISABLEMENT OF THE
WORKMAN. HOSTEL STAFF AND WORKERS UNION PROCEEDED AGAINST THE MANAGEMENT OF
THE UNIVERSITY. DECIDE.

2016
14. A – THE HOUSE OWNER HAS GIVEN CONSTRUCTION OF A WALL ON CONTRACT TO ‘B’ – A
MAISTRY. AS PER THE CONTRACT, ‘B’ HAD TO CONSTRUCT THE WALL AND TO TAKE CONTRACTED
AMOUNT @ SQUARE FEET. WHILE ‘B’ WAS CONSTRUCTING, THE WALL COLLAPSED AND HE DIED.
THE WIDOW OF THE MAISTRY FILED FOR A COMPENSATION. DECIDE.
15. MOHAN A RAILWAY WORKER, WORKING IN CLASS A- 1 WAS INJURED IN AN ACCIDENT. HE
LOST ONE EYE AND TWO TEETH. THE MEDICAL OFFICER UNFITTED HIM TO WORK IN CLASS A-1
POST, AND RECOMMENDED AUTHORITIES TO TAKE HIM IN CLASS C-2. MOHAN REFUSED THE
OFFER AND ASKED THE COMPENSATION FOR “TOTAL DISABLEMENT”. DECIDE.
16. AN EMPLOYEE HAS WORKED FOR 42 HOURS IN A WEEK IN A PARTICUALR DEPARTMENT. THE
EMPLOYER TRANSFERRED HIM TO ANOTHER DEPARTMENT WHERE HE WAS MADE TO WORK FOR
6 MORE HOURS IN THE SAME WEEK. THE EMPLOYEE CLAIMS OVERTIME WAGES FOR THOSE 6
HOURS. WILL HE SUCCEED?
17. THE DECEASED WAS A LORRY DRIVER. WHILE HE WAS DRIVING THE VEHICLE IN A JUNGLE
ROAD, HE SAW RABBIT ON ROAD. HE WANTED TO KILL IT BY LORRY AND HAVE SUPPER. HE
FROVE THE LORRY AT A HIGH SPEED, RESULTING TO AN ACCIDENT AND FINALLY HIS DEATH. THE
WIFE OF THE DECEASED CONTENDED THAT HER HUSBAND DIED IN AN ACCIDENT AROSE OUT OF
AND IN THE COURSE OF HIS EMPLOYMENT. DECIDE.

2017
14. A SETTLEMENT WAS ARRIVED BY AGREEMENT BETWEEN THE EMPLOYER AND SOME
WORKMEN OTHERWISE THAN IN THE COURSE OF CANCELLATION PROCEEDINGS. WORKMEN
WHO WERE NOT PARTIES TO THE SETTLEMENT URGED THE APPROPRIATE GOVERNMENT TO
REFER THEIR DISPUTE COVERED UNDER THE ABOVE SETTLEMENT TO INDUSTRIAL TRIBUNAL.
CAN THE APPROPRIATE GOVERNMENT MAKE THE REFERENCE?
15. ‘A’ S A SEAMAN WAS FOUND MISSING FROM THE SHIP WHILE ON THE SEA. A PETITION
CLAIMING COMPENSATION FOR THE DEATH OF ‘A’ WAS FILED BY THE DEPENDENTS BEFORE THE
COMMISSIONER. THE COMMISSIONER DISMISSED THE CLAIM FOR WANT OF EVIDENCE. LATER IT
IS FOUND THAT THE WORKMAN DIES AS A RESULT OF AN ACCIDENT ARISING OUT OF
EMPLOYMENT. DECIDE THE LIABILITY OF THE COMMISSIONER.
16. THE SHIFT OF A COMPANY STARTS AT 9.30 AM. AN EMPLOYEE ALONG WITH HIS CO-WORKERS
WERE APPROACHING THE COMPANY GATE TO ATTEND THEIR DUTIES AT 9.13 AM WHILE THEY
WERE ABOUT 20- - 30 FEET AWAY FROM THE GATE OF THE COMPANY, A MOTOR CYCLIST CAME
SPEEDILY AND DASHED THE WORKER, WHO DIED ON THE SPOT. ARE THE DEPENDENTS OF THE
WORKER ENTITLED FOR COMPENSATION. DECIDE.
17. A CANTEEN AND A CYCLE STAND SITUATED IN THE PREMISES OF A CINEMA THEATRE ARE
LEASED OUT TO CONTRACTOR EMPLOYS HIS OWN SERVANTS TO RUN THE CANTEEN AND CYCLE
STAND. THE OWNER OF THE THEATRE ASKED TO PAY CONTRIBUTIONS UNDER THE EMPLOYEES
STATE INSURANCE ACT IN RESPECT OF THE CANTEEN AND CYCLE STAND EMPLOYEES SINCE HE IS
THE PRINCIPAL EMPLOYER. THE CONTRACTOR CHALLENGES THIS. DECIDE.

2018
14. SRINU WAS WORKING IN A CHEMICAL INDUSTRY. THERE WAS LEAKAGE OF GAS IN THE
INDUSTRY AND ‘SRINU’ BECAME SICK. SRINU CLAIMS COMPENSATION ON THE GROUND OF
OCCUPATIONAL DISEASE. THE MANAGEMENT CONTENDS THAT THERE WAS NO NEED TO PAY
COMPENSATION SINCE OTHER WORKERS DID NOT BECOME SICK. ADVICE?
15. ‘A’ WAS EMPLOYED IN AN INDUSTRY AND REGULAR WAGES WERE PAID TO HIM. THE
INDUSTRY GOT HEAVY PROFITS DURING THAT YEAR. ‘A’ AND OTHERS DEMANDED BONUS.
ADVICE ‘A’ AND OTHERS.
16. THE MANAGING DIRECTOR OF A COMPANY DEFAULTS TO MAKE COMPANY’S CONTRIBUTION
ON BEHALF OF THE EMPLOYEES TO THE PROVIDENT FUND ACCOUNT FOR A PERIOD OF FOUR .
ADVICE THE EMPLOYEES AS TO THE LEGAL COURSE OF ACTION TO BE ADOPTED BY THEM.
17. AN EMPLOYEE HAD WORKED FOR 48 HOURS IN A WEEK IN A TEXTILE INDUSTRY. THE
EMPLOYER TRANSFERRED HIM TO ANOTHER BRANCH OF THAT INDUSTRY WHERE HE WAS MADE
TO WORK FOR 4 MORE HOURS IN THE SAME WEEK. THE EMPLOYEE CLAIMS OVERTIME WAGES
FOR THOSE 6 HOURS. WILL HE SUCCEED?

2019
14. ‘Ramu’ a workman was at work. There was power cut for some time. Ramu was attending at a
tool and there was supply of power. Ramu was injured. Ramu wanted to claim compensation for
the injuries suffered. The management contended that he was negligent and not entitled for
compensation. Decide?
15. An industrial establishment was running at loss. The management wanted to close down the
establishment. The workers wanted that the establishment to continue or to handover the
establishment to the workers. Advice.
16. ‘A’ contracted to serve throughout a voyage and under any emergency on board a ship. During
the voyage some of his fellow seamen deserted. The master of the ship then agrees with the
remaining seamen including ‘A’. can they claim the extra wages?
17. An employee has worked for 36 hurs in a week in a textile industry. The employer transferred
him to another branch of that industry where he was made to work for 6 more hours in the same
week. The employee claims over time wages for those 6 hours. Will he succeed?