Industrial Disputes Act 1947 — Set 2

Correct Answer: C. 3 years

Under the Industrial Disputes Act, an award made by a Labour Court or Tribunal is ordinarily binding for a period of one year, but may be enforced for up to three years if specified. The appropriate government may declare any award to be binding on the parties. Awards are published in the Official Gazette to give them legal force. The period ensures industrial peace.

Correct Answer: C. Those in supervisory capacity earning over Rs.10,000

Under Section 2(s) of the Industrial Disputes Act, 'workman' excludes persons employed mainly in a managerial or administrative capacity, or in a supervisory capacity drawing wages exceeding a prescribed limit. Agricultural workers and domestic servants are also excluded. This distinction is important for determining who can raise industrial disputes.

Correct Answer: B. Appropriate Government

Under Section 10 of the Industrial Disputes Act, the 'appropriate government' has the power to refer an industrial dispute to a Board of Conciliation, Labour Court, or Industrial Tribunal. The central government is the appropriate government for central government establishments, while state governments handle state-level disputes. This referral power is essential for formal dispute resolution.

Correct Answer: B. 15 days' average pay per year of service

Section 25F of the Industrial Disputes Act requires that a retrenched workman be paid compensation equivalent to 15 days' average pay for every completed year of continuous service. Additionally, one month's notice or pay in lieu of notice must be given. The workman must have completed at least one year of continuous service to be eligible. This provision protects workers from arbitrary retrenchment.

Correct Answer: C. 6 months

The correct answer is 6 months. This figure is established by official records, legislation, or research on Industrial Disputes Act 1947. Remembering key numbers and statistics is essential for competitive exams like RRB NTPC, SSC, and UPSC. Such data points are frequently asked in the General Knowledge sections of government job exams.

Correct Answer: B. Lay-off

Lay-off under the Industrial Disputes Act means the failure, refusal, or inability of the employer to give employment to a workman whose name appears on the muster rolls due to shortage of coal, power, raw materials, accumulation of stocks, or breakdown of machinery. Laid-off workers are entitled to 50% of their basic wages and dearness allowance. This is distinct from retrenchment which is permanent.

Correct Answer: C. Both A and B

The correct answer is 'Both A and B'. Both A and B correctly answers the question about the industrial disputes act was amended to include which provision for women workers in night shifts. This is an important fact in the topic of Industrial Disputes Act 1947, which is regularly tested in competitive exams such as RRB NTPC, SSC CGL, UPSC, and state PSC examinations. A thorough understanding of Industrial Disputes Act 1947 helps candidates score well in the General Knowledge section.

Correct Answer: B. Appropriate Government

Under Section 4 of the Industrial Disputes Act, the appropriate government may appoint Conciliation Officers charged with the duty of mediating in and promoting the settlement of industrial disputes. They may be appointed for a specified area or for specified industries. The appropriate government is either the Central or State Government depending on the nature of the establishment.

Correct Answer: B. Changing service conditions during pendency

Section 33 of the Industrial Disputes Act provides protection of workmen during pendency of proceedings. The employer cannot alter the conditions of service or discharge or punish a workman in connection with a matter pending before a conciliation officer or tribunal, without prior permission. This provision prevents victimization of workers who raise disputes.

Correct Answer: C. Section 25-O

Section 25-O of the Industrial Disputes Act requires an employer intending to close down an undertaking employing 100 or more workmen to apply to the appropriate government for prior permission at least 90 days before the intended closure. The government must consider the interests of general public before granting permission. This section protects workers from arbitrary closures.