Industrial Disputes Act 1947 — Set 14
Labour Laws · औद्योगिक विवाद अधिनियम 1947 · Questions 131–140 of 140
Under the Industrial Disputes Act, what is the minimum qualification for a National Tribunal member?
Correct Answer: C. Must be or have been a judge of a High Court
Under the Industrial Disputes Act, a National Tribunal consists of one person only who is, or has been, a Judge of a High Court. This high qualification standard reflects the national importance of the disputes handled by National Tribunals. The Central Government appoints the National Tribunal. Its awards have nationwide applicability and are published in the Official Gazette.
Under the Industrial Disputes Act, in an establishment with 300 workers, can the employer retrench without government permission?
Correct Answer: B. No, requires permission for 100+
Under the Industrial Disputes Act, establishments employing 100 or more workmen fall under Chapter V-B which requires prior government permission for retrenchment. Therefore, an establishment with 300 workers must obtain prior permission from the appropriate government at least 60 days before the intended retrenchment. The government must give its decision within 60 days of receiving the application.
Under the Industrial Disputes Act, who presides over a Board of Conciliation?
Correct Answer: B. An independent person
Under Section 5 of the Industrial Disputes Act, the Board of Conciliation is presided over by a Chairman who must be an independent person. The Board also has two or four other members representing employers and workmen in equal numbers. The Chairman's independence ensures impartial mediation. The Board's goal is to promote voluntary settlement of industrial disputes through conciliation.
The Industrial Disputes Act requires the employer to prove 'domestic inquiry' before dismissal. This is called the:
Correct Answer: A. Principles of natural justice
The principles of natural justice in the Industrial Disputes Act require that before dismissing a workman, the employer must conduct a domestic inquiry giving the workman reasonable opportunity to present his defence. The principles include: (1) no person shall be a judge in his own case, and (2) no person shall be condemned without being heard. Dismissals without proper inquiry are void and workers can seek reinstatement.
Under the Industrial Disputes Act, a settlement between employer and individual workman (not through conciliation) binds:
Correct Answer: B. Only parties to the agreement
Under Section 18(1) of the Industrial Disputes Act, a settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceedings shall be binding only on the parties to the agreement. This is different from conciliation settlements which bind all parties to the dispute. Bilateral settlements are therefore more limited in their scope and effect.
Under the Industrial Disputes Act, the 'appropriate government' for disputes in banking companies is:
Correct Answer: C. Central Government
Under the Industrial Disputes Act, banking companies fall under the jurisdiction of the Central Government as the appropriate government. This is because banking is a matter in the Union List of the Indian Constitution. The Central Government appoints conciliation officers, refers disputes to Labour Courts and Tribunals, and takes other actions under the Act for banking disputes.
Under the Industrial Disputes Act, a dismissed workman can file a complaint within how many years?
Correct Answer: B. 1 year
Under the Industrial Disputes Act, a workman must raise a dispute about wrongful dismissal within three years of the date of dismissal, otherwise it may be time-barred. However, delays can sometimes be condoned if sufficient cause is shown. The Limitation Act provisions may be applied by courts. Filing timely disputes is important to protect worker rights under the Act.
Under the Industrial Disputes Act, can an employer transfer a workman to another establishment?
Correct Answer: B. Yes but worker can raise a dispute if conditions worsen
Under the Industrial Disputes Act, an employer may transfer a workman to another establishment, but if the transfer involves a worsening of service conditions, the workman can raise an industrial dispute. Section 9A requires 21 days' notice if the transfer involves any change in the matters listed in the Fourth Schedule. Transfers made as acts of victimization can be challenged before a Labour Court.
Under the Industrial Disputes Act, which of the following is a characteristic of conciliation?
Correct Answer: B. It is voluntary and non-binding but facilitates settlement
Conciliation under the Industrial Disputes Act is a voluntary process where a neutral Conciliation Officer helps the parties to an industrial dispute reach a mutually acceptable settlement. The Conciliation Officer cannot impose a settlement but facilitates negotiations. If parties reach a settlement, it is recorded in a memorandum and becomes binding. If not, the Officer submits a failure report.
Under the Industrial Disputes Act, who may refer a dispute concerning a Central Government undertaking to a National Tribunal?
Correct Answer: B. Central Government
Under the Industrial Disputes Act, the Central Government alone has the power to constitute a National Tribunal and refer industrial disputes of national importance to it. This includes disputes in Central Government undertakings, major industries affecting the whole country, and disputes likely to affect workmen in more than one state. The National Tribunal's award binds all parties across India.