Industrial Disputes Act 1947 — Set 8

Correct Answer: B. A temporary worker replacing an absent regular worker

The correct answer is 'A temporary worker replacing an absent regular worker'. A temporary worker replacing an absent regular worker correctly answers the question about under the industrial disputes act, 'badli workman' means:. 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: C. Worker protection

The correct answer is Worker protection. Strike and Lockout 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.

Correct Answer: C. Sovereign functions of Government

The correct answer is Sovereign functions of Government. After the Bangalore Water Supply judgment, the Industrial Disputes Act was amended in 1982 to provide that activities relating to sovereign functions of the government including all activities carried on by departments of the Central or State Government dealing with defence, atomic energy, space, and similar sovereign matters would be excluded from the definition of 'industry'. This carve-out preserves government's ability to manage national security matters. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.

Correct Answer: C. When an illegal strike is already in existence

Under Section 22 of the Industrial Disputes Act, an employer can declare a lockout in response to an illegal strike. If a strike is illegal, the lockout in consequence of that illegal strike shall not be deemed illegal. However, lockouts must follow proper notice requirements in public utility services. Lockouts declared during pendency of conciliation or adjudication proceedings are illegal.

Correct Answer: A. Section 2A and Section 9C

Section 2A introduced in 1965 allows individual workmen to raise disputes regarding discharge, dismissal, retrenchment, or other termination without requiring union support. Section 9C provides Grievance Redressal Committees for quick resolution of individual grievances. Together, these provisions ensure that individual workers have direct access to dispute resolution without depending on trade unions.

Correct Answer: B. Hold conciliation proceedings and submit a report

Under Section 12 of the Industrial Disputes Act, when a Conciliation Officer receives information about an industrial dispute or apprehends one, they must hold conciliation proceedings without delay. If settlement is reached, a memorandum of settlement is recorded. If settlement is not reached, the officer must submit a failure report to the appropriate government within 14 days. The government then decides on further action.

Correct Answer: B. Industrial Relations Code 2020

Fixed-term employment was formally introduced in Indian labour law through the Industrial Relations Code, 2020 which replaces the Industrial Disputes Act. Under fixed-term employment, workers are employed for a specific period with all statutory benefits proportionate to their tenure, including gratuity even for short periods. This concept provides flexibility to employers while ensuring worker protection.

Correct Answer: D. Domestic dispute between two workers

Under Section 2(k) of the Industrial Disputes Act, industrial disputes are those connected with employment, non-employment, terms of employment, or conditions of labour. A domestic personal dispute between two workers unrelated to their employment is not an industrial dispute. All other options relate to employment terms or conditions and thus qualify as industrial disputes under the Act.

Correct Answer: B. Matters within the jurisdiction of Industrial Tribunals

The Third Schedule of the Industrial Disputes Act lists matters that fall within the jurisdiction of Industrial Tribunals. These include wages (including periodical revision), compensatory and other allowances, hours of work, leave, bonus, profit sharing, gratuity, shift allowances, and retrenchment. Labour Courts have jurisdiction over Second Schedule matters which are primarily individual rights disputes.

Correct Answer: B. Process of negotiation between employers and unions on employment terms

Collective bargaining is the process by which workers through their trade union representatives negotiate with employers on matters like wages, hours of work, working conditions, and other terms of employment. The Industrial Disputes Act provides the framework for collective bargaining by recognizing trade unions, providing for conciliation, and establishing Labour Courts and Tribunals. Settlements reached in conciliation are binding on all parties.