Industrial Disputes Act 1947 — Set 6
Labour Laws · औद्योगिक विवाद अधिनियम 1947 · Questions 51–60 of 140
The concept of 'deemed strike' relates to which provision in the Industrial Disputes Act?
Correct Answer: B. Workers going on mass casual leave
When a large number of workers take mass casual leave collectively as a pressure tactic, it may be deemed a strike under the Industrial Disputes Act. Courts have held that coordinated mass absence amounts to a concerted action amounting to strike. Such actions if done without proper notice in public utility services would be illegal. This interpretation prevents workers from bypassing notice requirements.
Under the Industrial Disputes Act, an employer cannot change service conditions during pendency under which section?
Correct Answer: A. Section 9A
Section 9A of the Industrial Disputes Act requires an employer to give 21 days' notice before effecting any change in the conditions of service of workmen in respect of certain matters listed in the Fourth Schedule. These include wages, hours of work, and other service conditions. The 21-day notice gives workers time to raise a dispute if they disagree with the proposed change.
The Industrial Disputes Act mandates that any workman who has served for one year is entitled to lay-off compensation of:
Correct Answer: B. 50% of basic wages plus DA
Under Section 25C of the Industrial Disputes Act, a workman (other than badli or casual) who has completed one year of continuous service and is laid off is entitled to compensation equivalent to 50% of the total of the basic wages and dearness allowance. This is payable for all lay-off days except weekly holidays. It provides partial income during temporary absence of work.
Which Act did the Industrial Disputes Act 1947 replace?
Correct Answer: A. Trade Disputes Act 1929
The Industrial Disputes Act, 1947 replaced the Trade Disputes Act of 1929. The 1929 Act was enacted by the British Indian Government to regulate trade disputes in certain industries. The IDA 1947 was much more comprehensive, providing for a wider range of dispute resolution mechanisms including conciliation, arbitration, and adjudication. The IDA has been the cornerstone of Indian industrial relations law.
Under Section 25-E of the Industrial Disputes Act, a laid-off worker loses compensation if:
Correct Answer: B. Worker refuses alternative employment in the same establishment
The correct answer is Worker refuses alternative employment in the same establishment. Section 25-E of the Industrial Disputes Act provides that a workman who has been laid off shall not be entitled to lay-off compensation if he refuses to accept alternative employment at the same establishment that is not unreasonably different from his usual work, or if the workman does not present himself for work at the scheduled time. This prevents misuse of lay-off provisions. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
Under the Industrial Disputes Act, what is the status of awards given during National Emergency?
Correct Answer: A. Awards can be suspended by government
Under the Industrial Disputes Act, during a national emergency, the Central Government has the power to direct that any award made shall not have effect or shall have effect subject to modifications. This power exists to ensure that national security considerations override labour disputes. Such suspension orders must be published in the Gazette and must specify the reasons.
Under the Industrial Disputes Act, Section 25-T prohibits:
Correct Answer: B. Unfair labour practices
Section 25-T of the Industrial Disputes Act prohibits employers, workmen, and trade unions of workmen from engaging in any of the unfair labour practices specified in the Fifth Schedule. Unfair labour practices include interference with the right to organize, discrimination against union members, and engaging in acts of violence or intimidation. Violations are punishable with fine and imprisonment.
Under the Industrial Disputes Act, a workman dismissed for misconduct must be paid retrenchment compensation:
Correct Answer: B. Never — misconduct forfeits all compensation
Under the Industrial Disputes Act, a workman who is dismissed for proven misconduct does not receive retrenchment compensation or notice. The definition of retrenchment under Section 2(oo) explicitly excludes termination as a punishment inflicted by way of disciplinary action. However, dismissal must follow due process including a domestic inquiry. Wrongful dismissal can be challenged before a Labour Court.
Under the Industrial Disputes Act, a lockout means:
Correct Answer: B. The temporary closing of a place of employment or suspension of work or refusal by employer to employ workmen
Under Section 2(l) of the Industrial Disputes Act, 'lockout' means the temporary closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him. It is the employer's counterpart to a strike. Like strikes, lockouts are regulated and certain lockouts are declared illegal under the Act.
Under the Industrial Disputes Act, the term 'employer' in relation to an industry carried on by a local authority means:
Correct Answer: B. The officer authorized by the authority
Under the Industrial Disputes Act, the term 'employer' in relation to an industry carried on by a local authority means the chief executive officer of that authority. For government-owned industries, the employer is the head of the department. Understanding who the employer is helps determine the applicable government and dispute resolution authority.