Industrial Disputes Act 1947 — Set 7
Labour Laws · औद्योगिक विवाद अधिनियम 1947 · Questions 61–70 of 140
Under the Industrial Disputes Act, what constitutes a 'public utility service'?
Correct Answer: B. Industries providing essential services like railways, water supply, power, hospitals
The correct answer is Industries providing essential services like railways, water supply, power, hospitals. Under the Industrial Disputes Act, 'public utility service' means any railway service (transport of passengers and goods by railway), any transport service for passengers/goods by sea or air, any section of an industrial establishment carrying on activities essential to production, postal, telegraph, insurance, water, power, light, sanitation, hospitals, and fire brigades. Special strike notice rules apply to these. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
Under the Industrial Disputes Act, the term 'average pay' for computation of retrenchment compensation means:
Correct Answer: B. Average of 3 months immediately preceding termination
Under Section 2(aaa) of the Industrial Disputes Act, 'average pay' means the average of the wages payable to a workman during the period of three months preceding the date on which the average pay becomes payable. In case of daily wage workers, it is the average of days worked in the preceding month. This calculation ensures fair compensation based on recent earnings.
Under the Industrial Disputes Act, which section provides protection against victimization of workmen?
Correct Answer: C. Section 33
Section 33 of the Industrial Disputes Act provides protection against changes in service conditions and victimization during pendency of proceedings. If an employer wants to dismiss or punish a workman for any matter connected with the pending dispute, they need prior permission of the authority before whom the proceedings are pending. This prevents employers from punishing workers who raise disputes.
Under the Industrial Disputes Act, what is the qualification required for a member of a Labour Court?
Correct Answer: B. Must be qualified to be a judge of a High Court
Under the Industrial Disputes Act, a Labour Court consists of one person only. The person must be qualified to be a judge of a High Court or must have been a judge of a High Court. This high qualification standard ensures that labour disputes are resolved by legally trained and experienced persons. The appropriate government appoints the presiding officer of the Labour Court.
Under the Industrial Disputes Act, which term describes the refusal of workers to work during normal working hours?
Correct Answer: C. Strike
The correct answer is Strike. Under Section 2(q) of the Industrial Disputes Act, 'strike' means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal under a common understanding, of any number of such persons to continue to work or to accept employment. The key elements are collective action and work stoppage. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
Under the Industrial Disputes Act, who can make a reference to a National Tribunal?
Correct Answer: B. Central Government only
Under the Industrial Disputes Act, only the Central Government can constitute and refer disputes to a National Tribunal. National Tribunals deal with industrial disputes of national importance or disputes likely to affect industrial establishments situated in more than one state. They have the same powers as Industrial Tribunals but with a broader jurisdiction.
Under the Industrial Disputes Act, what happens if an employer fails to implement an award?
Correct Answer: C. Employer is liable to prosecution under Section 29
Under Section 29 of the Industrial Disputes Act, any person who commits a breach of any term of any settlement or award that is binding on him shall be punishable with imprisonment for a term which may extend to six months, or with a fine, or with both. This strong enforcement mechanism ensures that awards are respected. Workers can also approach courts for implementation.
Under the Industrial Disputes Act, the term 'trade union' refers to:
Correct Answer: B. Any combination formed primarily to regulate employer-workmen relations
The correct answer is Any combination formed primarily to regulate employer-workmen relations. For the purpose of the Industrial Disputes Act, a trade union is an organization of workmen formed primarily for the purpose of regulating relations between workmen and employers, workmen and workmen, or for imposing restrictive conditions on the conduct of any trade or business. Trade unions play a vital role in raising industrial disputes and representing workers in conciliation and adjudication proceedings. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
Which Supreme Court judgment gave a wide definition to 'industry' under the Industrial Disputes Act?
Correct Answer: B. Bangalore Water Supply and Sewerage Board case
In the landmark Bangalore Water Supply and Sewerage Board v. A. Rajappa (1978), the Supreme Court gave a very broad interpretation to the definition of 'industry' under Section 2(j) of the Industrial Disputes Act. The court held that any systematic activity carried on with the cooperation of employer and employee for the production, supply, or distribution of goods and services qualifies as an industry. This included hospitals and educational institutions.
Under the Industrial Disputes Act, which provision allows workers to raise grievances individually?
Correct Answer: B. Section 9C
Section 9C of the Industrial Disputes Act provides for the establishment of Grievance Redressal Committees in industrial establishments employing 20 or more workmen. A workman can directly approach this committee with an individual grievance. The committee has equal representation from employer and workmen and must resolve grievances within 45 days. This provides a fast-track mechanism for individual grievances.