Industrial Disputes Act 1947 — Set 3
Labour Laws · औद्योगिक विवाद अधिनियम 1947 · Questions 21–30 of 140
Which type of dispute falls under the jurisdiction of a Labour Court as per the Industrial Disputes Act?
Correct Answer: B. Disputes relating to rights of individual workmen
Under the Industrial Disputes Act, Labour Courts have jurisdiction over matters specified in the Second Schedule, which primarily includes disputes relating to individual rights of workmen such as discharge, dismissal, suspension, or other punishments. Industrial Tribunals handle matters of a more general nature listed in the Second and Third Schedules. This division of jurisdiction ensures efficient dispute resolution.
Under the Industrial Disputes Act, a workman must serve how many years to be eligible for retrenchment compensation?
Correct Answer: B. 1 year
Under Section 25F of the Industrial Disputes Act, a workman must have been in continuous service for not less than one year to be eligible for retrenchment compensation. This means at least 240 days of work in the preceding 12 months. The compensation is 15 days' average pay for each completed year of continuous service. Short-term workers are not covered by this provision.
The Board of Conciliation under the Industrial Disputes Act consists of how many members?
Correct Answer: C. 4 or more with equal representation
Under Section 5 of the Industrial Disputes Act, a Board of Conciliation consists of a chairman and two or four other members representing equal numbers of employers and workmen. The chairman is an independent person. The Board's purpose is to promote settlement of industrial disputes through conciliation. It is distinct from the Conciliation Officer who works individually.
What is a 'settlement' in the context of the Industrial Disputes Act?
Correct Answer: B. Agreement between employer and workmen during conciliation
Under Section 2(p) of the Industrial Disputes Act, a 'settlement' means a settlement arrived at in the course of conciliation proceedings. It includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceedings. A settlement arrived at in conciliation is binding on all parties, including those not party to the agreement. This is a key definition for exams.
What is the significance of Collective Bargaining in Indian labour law?
Correct Answer: C. Worker protection
The correct answer is Worker protection. Collective Bargaining 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.
Which type of strike is specifically prohibited in essential services under the Industrial Disputes Act?
Correct Answer: C. Lightning strike without notice
Lightning strikes, also called wildcat strikes, where workers go on strike without giving the required notice, are specifically prohibited in essential and public utility services under the Industrial Disputes Act. Workers must give 14 days' notice in public utility services and 6 weeks' notice in essential services before striking. Violations make the strike illegal.
The Industrial Disputes Act, 1947 came into force on which date?
Correct Answer: A. 1 April 1947
The Industrial Disputes Act, 1947 was enacted by the British Indian legislature and came into force on 1 April 1947. It replaced the Trade Disputes Act of 1929. The Act was designed to provide machinery for the investigation and settlement of industrial disputes. It remains a cornerstone of Indian labour law.
What is the role of a 'Court of Inquiry' under the Industrial Disputes Act?
Correct Answer: B. To investigate the causes of an industrial dispute
Under Section 6 of the Industrial Disputes Act, a Court of Inquiry is constituted by the appropriate government to inquire into any matter appearing to be connected with or relevant to an industrial dispute. It investigates the causes and circumstances of disputes and submits a report to the government. Unlike conciliation, it does not promote settlement but fact-finds. Its report helps the government decide further action.
Under the Industrial Disputes Act, 'industry' is defined under which section?
Correct Answer: A. Section 2(j)
Section 2(j) of the Industrial Disputes Act defines 'industry' as any business, trade, undertaking, manufacture, or calling of employers including any calling, service, employment, handicraft, or industrial occupation or avocation of workmen. The Supreme Court in the Bangalore Water Supply case gave a very broad interpretation of this definition. Hospitals, clubs, and educational institutions were held to be industries.
Under the Industrial Disputes Act, who can raise an industrial dispute?
Correct Answer: B. Any workman or employer
Under the Industrial Disputes Act, an industrial dispute can be raised by a workman, an employer, or a trade union of workmen. The dispute must relate to employment, non-employment, terms of employment, or conditions of labour of any person. Section 2(k) defines an industrial dispute comprehensively. Both individual and collective grievances can form the basis of an industrial dispute.