Industrial Disputes Act 1947 — Set 13
Labour Laws · औद्योगिक विवाद अधिनियम 1947 · Questions 121–130 of 140
Under the Industrial Disputes Act, what is the role of an 'Assessor' in Industrial Tribunal proceedings?
Correct Answer: B. To advise the Tribunal on technical matters
Under the Industrial Disputes Act, the appropriate government may appoint two assessors (one representing employers and one representing workmen) to advise the Industrial Tribunal on the proceeding. Assessors do not participate in the decision-making process but advise on technical and practical aspects of the dispute. The Tribunal is not bound by the advice of assessors but may consider their views.
Under the Industrial Disputes Act, Section 25-J clarifies:
Correct Answer: B. That Chapter V-B has effect notwithstanding anything inconsistent with other laws
The correct answer is That Chapter V-B has effect notwithstanding anything inconsistent with other laws. Section 25-J of the Industrial Disputes Act states that the provisions of Chapter V-B shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of any agreement or contract of service or letters of appointment. This gives Chapter V-B an overriding effect over other laws regarding lay-off, retrenchment, and closure of large establishments. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
The Industrial Disputes Act provides for keeping of registers and records by employers. Under which section?
Correct Answer: A. Section 38
Under Section 38 of the Industrial Disputes Act, the Central Government may make rules requiring employers to maintain registers and records. These records include registers relating to settlement and awards, registers of workmen employed and retrenched, and records of conciliation proceedings. Proper record-keeping is essential for enforcement of the Act and provides evidence in dispute proceedings.
Under the Industrial Disputes Act, which court can hear challenges to Industrial Tribunal awards?
Correct Answer: C. High Court through writ jurisdiction
Awards made by Industrial Tribunals under the Industrial Disputes Act can be challenged before the High Court through its writ jurisdiction under Articles 226 and 227 of the Constitution. The High Court can quash an award if it violates natural justice, exceeds jurisdiction, or is perverse. The Supreme Court can also hear appeals on constitutional questions. This judicial review ensures accountability of Tribunals.
Under the Industrial Disputes Act, a worker who has completed how many years is eligible for lay-off compensation?
Correct Answer: B. 1 year
Under Section 25C of the Industrial Disputes Act, a workman who has been in continuous service for not less than one year in an establishment is entitled to lay-off compensation. The compensation is 50% of the total of the basic wages and dearness allowance. Badli (substitute) workmen and casual workmen are excluded from this entitlement. The one-year service includes at least 240 working days.
Under the Industrial Disputes Act, which provision makes it mandatory to display the notice of an award?
Correct Answer: B. Section 17
Under Section 17 of the Industrial Disputes Act, an award made by a Labour Court or Tribunal shall be published in the Official Gazette and shall be final and binding on the parties to the dispute. The appropriate government ensures publication and any person can access the published award. Public notification ensures transparency and awareness among workers and employers about their rights and obligations.
Under the Industrial Disputes Act, how many days must an employer give notice before a lock-out in a non-public utility service?
Correct Answer: A. No notice required
Under the Industrial Disputes Act, an employer in a non-public utility service is not required to give advance notice before declaring a lockout. However, the employer cannot declare a lockout during the pendency of conciliation or adjudication proceedings as that would make the lockout illegal. In a public utility service, 14 days' notice is mandatory before a lockout.
Under the Industrial Disputes Act, does the Act apply to government employees?
Correct Answer: C. Only to industrial government employees
The Industrial Disputes Act applies to government-run industrial undertakings, railways, ports, and other government establishments that carry on trade or industry. However, it does not apply to government employees working in purely administrative or non-industrial capacities. Police and military personnel are excluded. The appropriate government for government establishments is the Central Government.
Under the Industrial Disputes Act, Section 25-D requires an employer not to take fresh recruitment during a lay-off except:
Correct Answer: C. In cases of extreme urgency requiring special skills
Under Section 25-D of the Industrial Disputes Act, an employer cannot engage any substitute worker in the place of a laid-off workman, except when the laid-off workman himself refuses or fails to take back his position. An employer can hire workers with special skills not available among laid-off workers in genuine emergencies. This prevents employers from using lay-off as a pretext to replace workers.
What is the main purpose of the Industrial Disputes Act, 1947?
Correct Answer: B. Investigation and settlement of industrial disputes
The main purpose of the Industrial Disputes Act, 1947 is to provide machinery for the investigation and settlement of industrial disputes and for certain other purposes. It aims to maintain industrial peace and harmony by providing for prevention and settlement of disputes through conciliation, arbitration, and adjudication. The Act protects both workers and employers and ensures economic stability.