Industrial Disputes Act 1947 — Set 12
Labour Laws · औद्योगिक विवाद अधिनियम 1947 · Questions 111–120 of 140
Under the Industrial Disputes Act, a settlement reached during conciliation is binding for what minimum period?
Correct Answer: B. 6 months
The correct answer is 6 months. Under Section 19(2) of the Industrial Disputes Act, a settlement arrived at in the course of conciliation proceedings shall be binding for such period as is agreed upon by the parties, and if no period is agreed upon, for a period of six months from the date on which the memorandum of settlement is signed by the parties. The settlement remains operative after this period unless given a notice of change by a party. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
Which section of the Industrial Disputes Act provides for Grievance Redressal Committees?
Correct Answer: C. Section 9C
Section 9C of the Industrial Disputes Act was inserted by the Industrial Disputes (Amendment) Act, 2010. It provides for the establishment of Grievance Redressal Committees in industrial establishments employing 20 or more workmen. The Committee consists of equal numbers of representatives of the employer and the workmen. It must resolve grievances within 45 days. This provision reduces the burden on formal dispute resolution machinery.
Under the Industrial Disputes Act, suspension of a workman during pendency of domestic inquiry entitles the worker to:
Correct Answer: B. Subsistence allowance
When a workman is suspended pending a domestic inquiry under the Industrial Disputes Act, they are entitled to subsistence allowance. The subsistence allowance is typically 50% of wages for the first 90 days and 75% thereafter. The appropriate government or the Labour Court may direct payment of full wages if the inquiry is not completed within a reasonable time. This ensures workers are not left without income during inquiries.
Under the Industrial Disputes Act, who bears the burden of proving misconduct in a domestic inquiry?
Correct Answer: B. The employer
In domestic inquiries under the Industrial Disputes Act, the burden of proving misconduct lies on the employer. The employer must establish the charges against the workman through evidence. The workman must be given a fair opportunity to present their defense. If the employer fails to prove misconduct through a proper inquiry, any resulting dismissal can be challenged as wrongful before a Labour Court.
What is 'protected workman' status under the Industrial Disputes Act?
Correct Answer: B. Union representative protected from dismissal during tenure
Under Section 33 of the Industrial Disputes Act, a 'protected workman' is a member of the executive or other office bearer of a registered trade union connected with the establishment. These workmen have special protection against disciplinary action during the pendency of proceedings under the Act. An employer needs prior permission of the authority before dismissing or punishing a protected workman.
Under the Industrial Disputes Act, a workman employed for 240 days in a year can claim:
Correct Answer: B. Annual leave with wages
Under the Industrial Disputes Act and the Factories Act, a workman who has worked for 240 days or more in a year is entitled to earned leave or annual leave with wages. The 240-day requirement also establishes 'continuous service' for the purpose of retrenchment provisions. These 240 days include days of actual work, paid leave, maternity leave, and days of illness for which wages were paid.
Under the Industrial Disputes Act, which Section defines 'settlement'?
Correct Answer: A. Section 2(p)
Under Section 2(p) of the Industrial Disputes Act, 'settlement' means a settlement arrived at in the course of conciliation proceeding. It also includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceedings. Conciliation settlements are binding on all parties while bilateral settlements bind only the signatories.
What is the significance of Conciliation in Indian labour law?
Correct Answer: C. Worker protection
The correct answer is Worker protection. Conciliation 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, what is the effect of an 'award' on existing service agreements?
Correct Answer: B. Award supersedes existing employment contracts on specific matters
Under the Industrial Disputes Act, an award made by a Labour Court or Industrial Tribunal supersedes the terms of any contract of service or agreement, or settlement inconsistent with the award to the extent of the inconsistency. This ensures that the benefit of the award reaches all covered workers regardless of their individual employment agreements. Awards thus set minimum standards that cannot be contracted out of.
Under the Industrial Disputes Act, who can file a complaint about unfair labour practices?
Correct Answer: B. Any person affected by the unfair practice
Under the Industrial Disputes Act, any person including a workman, employer, or trade union can file a complaint about unfair labour practices specified in the Fifth Schedule. The complaint is filed before the Labour Court. The Labour Court can investigate and declare whether unfair labour practices have occurred and pass appropriate orders including compensation. This provision protects both workers and employers from unfair practices.