Industrial Disputes Act 1947 — Set 10
Labour Laws · औद्योगिक विवाद अधिनियम 1947 · Questions 91–100 of 140
Under the Industrial Disputes Act, how is the composition of the Works Committee determined?
Correct Answer: C. Equal representation from employer and workmen sides
Under Section 3 of the Industrial Disputes Act, the Works Committee consists of representatives of employers and workmen in equal numbers. The workmen's representatives on the Works Committee must be chosen in the prescribed manner from among the workmen employed in the establishment. The committee aims to promote harmonious industrial relations and resolve day-to-day grievances at the establishment level.
Under the Industrial Disputes Act, which provision gives the appropriate government power to prohibit strikes and lockouts?
Correct Answer: C. Section 23
Section 23 of the Industrial Disputes Act empowers the appropriate government to prohibit strikes and lockouts in specified industries in the public interest. Under this section, during the pendency of proceedings before a Board, Labour Court, Tribunal, or National Tribunal, and for two months after the conclusion of such proceedings, strikes and lockouts are prohibited. This provision is fundamental to industrial peace.
Under the Industrial Disputes Act, what is the scope of an award made by a National Tribunal?
Correct Answer: B. Nationwide for specified industry or dispute
The National Tribunal under the Industrial Disputes Act has a nationwide jurisdiction and its awards can be made applicable to all workers in a specified industry across India. The Central Government refers disputes of national importance to the National Tribunal. Its awards are published in the Official Gazette and become binding on all parties throughout India.
Under the Industrial Disputes Act, the Fourth Schedule was primarily about:
Correct Answer: B. Matters for which employer must give notice before changing service conditions
The Fourth Schedule of the Industrial Disputes Act lists the matters in respect of which employers are required to give 21 days' notice under Section 9A before effecting any change. These matters include wages, shift hours, leave, bonus, and classification of workmen. This schedule is important because changes in these service conditions without proper notice constitute an industrial dispute.
What is the significance of Arbitration in Indian labour law?
Correct Answer: C. Worker protection
The correct answer is Worker protection. Arbitration is a crucial aspect of Indian labour law designed to protect worker interests and ensure fair practices in employment. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
Under the Industrial Disputes Act, a workman who resigns voluntarily is:
Correct Answer: B. Not entitled to retrenchment compensation
Under the Industrial Disputes Act, voluntary resignation by a workman is not considered retrenchment. The definition of retrenchment under Section 2(oo) specifically excludes voluntary retirement or resignation by a workman. Therefore, a workman who voluntarily resigns is not entitled to retrenchment compensation. However, they may be entitled to gratuity if they have served for five years.
The Industrial Disputes (Amendment) Act 2010 changed the threshold for Chapter V-B provisions from 100 to which number?
Correct Answer: B. 100 workers — unchanged
The Industrial Disputes (Amendment) Act 2010 kept the threshold for Chapter V-B provisions unchanged at 100 workers. Chapter V-B requires establishments with 100 or more workers to obtain prior government permission for lay-off, retrenchment, or closure. Various reform proposals have suggested raising this threshold but the 100 workers limit remained unchanged in the 2010 amendment. This provision is an important topic in Labour Law for competitive exams like RRB NTPC and SSC.
Under the Industrial Disputes Act, what does 'closure' mean?
Correct Answer: B. Permanent closing down of a place of employment
Under Section 2(cc) of the Industrial Disputes Act, 'closure' means the permanent closing down of a place of employment or part thereof. It is distinct from lay-off (temporary) and retrenchment (termination of individual workers). For establishments with 100 or more workers, employers need prior government permission for closure under Section 25-O. Workers are entitled to retrenchment compensation on closure.
Under the Industrial Disputes Act, workers in an industry are classified as 'workman' if they work in which capacity?
Correct Answer: B. Any capacity other than mainly managerial, administrative, or supervisory drawing above wage limit
Under Section 2(s) of the Industrial Disputes Act, 'workman' means any person employed in an industry to do any manual, unskilled, skilled, technical, operational, clerical, or supervisory work for hire or reward. However, persons employed mainly in a managerial or administrative capacity, or in a supervisory capacity drawing wages exceeding a prescribed limit, are excluded. This definition determines who gets the Act's protections.
Under the Industrial Disputes Act, which section provides for the recovery of money due from an employer to a workman?
Correct Answer: A. Section 33C
Section 33C of the Industrial Disputes Act provides for the recovery of money due from employer. Under Section 33C(1), where any money is due from an employer to a workman under a settlement, award, or order of Labour Court, the workman can apply to the appropriate government for recovery. Under Section 33C(2), a workman can seek interpretation of an award to claim money due from an employer.