Industrial Disputes Act 1947 — Set 5
Labour Laws · औद्योगिक विवाद अधिनियम 1947 · Questions 41–50 of 140
What is arbitration under the Industrial Disputes Act?
Correct Answer: B. Voluntary reference of dispute to a neutral arbitrator
Under Section 10A of the Industrial Disputes Act, parties to an industrial dispute may, by written agreement, refer the dispute to arbitration. The arbitrator must be a person agreed upon by both parties. The award of an arbitrator is binding on the parties to the agreement. Voluntary arbitration is encouraged as a faster alternative to litigation before tribunals.
The Industrial Disputes Act provides for how many days of notice for retrenchment?
Correct Answer: C. 30 days
The correct answer is 30 days. 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.
What does 'appropriate government' mean in the context of the Industrial Disputes Act for central government establishments?
Correct Answer: B. Central government
Under the Industrial Disputes Act, the 'appropriate government' for establishments owned by the Central Government or undertakings of national importance is the Central Government. For all other establishments, the State Government is the appropriate government. This distinction determines which government has authority to refer disputes, appoint conciliation officers, and take other actions under the Act.
Under the Industrial Disputes Act, a workman reinstated after wrongful dismissal is entitled to:
Correct Answer: B. Reinstatement with continuity of service
When a Labour Court or Tribunal finds that a dismissal or discharge was wrongful or unjustified, it can order reinstatement of the workman with continuity of service and back wages. The continuity of service protects the workman's seniority and other service benefits. The court may also award full or partial back wages depending on the circumstances. This is a significant remedy under the Act.
Under the Industrial Disputes Act, what is 'standing order'?
Correct Answer: B. Rules relating to employment conditions in establishments
Standing orders are rules governing the conditions of employment in industrial establishments. Under the Industrial Employment (Standing Orders) Act 1946 (now part of Industrial Relations Code 2020), establishments employing 100 or more workers must have certified standing orders. These cover matters like classification of workers, shift timings, leave, and disciplinary procedures. They give both employers and workers clarity on employment terms.
Under Section 25-N of the Industrial Disputes Act, prior permission for retrenchment must be obtained if the establishment employs:
Correct Answer: B. 100 or more workmen
Section 25-N requires that employers who wish to retrench workmen in establishments employing 100 or more workmen must obtain prior permission from the appropriate government. The application must be made at least 60 days before the intended retrenchment. This provision was introduced to prevent large-scale arbitrary retrenchment. The government must give a reasoned decision within 60 days.
The term 'industrial dispute' under Section 2(k) of the Industrial Disputes Act includes disputes connected with:
Correct Answer: B. Employment, non-employment, terms of employment or conditions of labour
Section 2(k) of the Industrial Disputes Act defines 'industrial dispute' as any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen connected with the employment, non-employment, terms of employment, or conditions of labour of any person. This broad definition covers a wide range of workplace disputes. It is one of the most fundamental definitions in labour law.
Under the Industrial Disputes Act, a strike becomes illegal if it commences after how many days of submission of conciliation failure report?
Correct Answer: A. 7 days
Under the Industrial Disputes Act, once a dispute is referred to a Board, Labour Court, or Tribunal, strikes and lockouts are prohibited during the pendency of proceedings. Additionally, after a conciliation failure report is submitted, the parties have seven days to reach a settlement before the matter is referred for adjudication. Any strike during this period would be illegal under Section 24.
What is the significance of Dispute Resolution in Indian labour law?
Correct Answer: C. Worker protection
The correct answer is Worker protection. Dispute Resolution 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, who appoints the members of an Industrial Tribunal?
Correct Answer: B. Appropriate Government
Under the Industrial Disputes Act, an Industrial Tribunal is constituted by the appropriate government. The Tribunal consists of one person only who is qualified to be a judge of a High Court. The appropriate government may appoint two assessors (one from employer side, one from workmen side) to advise the Tribunal. The Tribunal handles important industrial disputes.