Industrial Disputes Act 1947 — Set 9
Labour Laws · औद्योगिक विवाद अधिनियम 1947 · Questions 81–90 of 140
Under the Industrial Disputes Act, an arbitration agreement under Section 10A must be submitted to which authority?
Correct Answer: B. Appropriate Government
Under Section 10A of the Industrial Disputes Act, when parties to an industrial dispute agree to refer the dispute to arbitration, they shall notify the appropriate government in writing. The arbitration agreement must be signed by the parties and submitted to the appropriate government within the prescribed time. The award of the arbitrator is published in the Official Gazette and becomes binding.
Under the Industrial Disputes Act, a settlement reached through conciliation is binding on:
Correct Answer: A. Only the parties who signed it
The correct answer is Only the parties who signed it. Under Section 18 of the Industrial Disputes Act, a settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceedings shall be binding only on the parties to the agreement. However, a settlement arrived at in the course of conciliation proceedings is binding on all parties to the industrial dispute and also on all other parties summoned to appear in the proceedings. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.
Under the Industrial Disputes Act, the Fifth Schedule lists unfair labour practices. Which of the following is an unfair practice for WORKERS?
Correct Answer: B. Engaging in acts of violence or go-slow
The Fifth Schedule of the Industrial Disputes Act lists unfair labour practices for both employers and workmen. Unfair practices by workmen include engaging in or instigating others to go-slow, staging demonstrations at the residences of officers, threatening workmen who do not participate in a strike, and engaging in wilful damage to property. These are prohibited to maintain industrial peace.
Under the Industrial Disputes Act, the term 'appropriate government' for a dispute in a mine is:
Correct Answer: B. Central Government
Under the Industrial Disputes Act, the Central Government is the 'appropriate government' for industries under the Central Government's purview, which includes mines, oilfields, major ports, railways, airways, and banking companies. For all other industries, the State Government is the appropriate government. This distinction is important for determining which authority can refer disputes and appoint conciliation officers.
Under the Industrial Disputes Act, an arbitrator appointed under Section 10A must submit award within:
Correct Answer: D. Time specified in the arbitration agreement
Under Section 10A of the Industrial Disputes Act, the arbitration agreement may specify the time within which the arbitrator must submit the award. If no time is specified, the arbitrator should submit the award within a reasonable time. The award is then published in the Official Gazette and becomes binding on the parties. Unlike court awards, arbitration awards are faster and avoid lengthy litigation.
The Industrial Disputes Act specifically provides for re-employment of retrenched workers through which provision?
Correct Answer: A. Section 25H
Section 25H of the Industrial Disputes Act requires that when an employer proposes to take back any persons in the establishment after retrenchment, the retrenched workmen who were retrenched from that category shall be given preference over others. The employer must offer employment to retrenched workers before hiring new workers for the same category of work. This right of re-employment protects retrenched workers.
Under the Industrial Disputes Act, the period of notice for a lockout in a public utility service is:
Correct Answer: B. 14 days
Under Section 22 of the Industrial Disputes Act, no employer carrying on a public utility service shall lock out any of the workmen without giving 14 days' notice of lockout. The notice must be given within 6 weeks before the lockout begins. This mandatory notice period allows time for conciliation and resolution. Lockout without notice in public utility service is illegal.
Under the Industrial Disputes Act, what is the significance of Section 4A?
Correct Answer: B. Empowers workers to raise disputes about future employment
Section 4A of the Industrial Disputes Act provides that where any employer discharges, dismisses, retrenches, or otherwise terminates the services of any individual workman, that workman may raise a dispute as provided under the Act. This section was added to strengthen individual worker rights without requiring collective action. It is important for protecting isolated workers who lack union support.
The Industrial Disputes Act empowers which authority to constitute a Board of Conciliation?
Correct Answer: B. Appropriate Government
Under Section 5 of the Industrial Disputes Act, the appropriate government may constitute a Board of Conciliation for promoting the settlement of an industrial dispute. This is distinct from the Conciliation Officer who works individually. The Board consists of a chairman and two or four other members representing both employers and workmen. Boards are constituted for more complex disputes requiring a collective approach.
Under the Industrial Disputes Act, what is the right of a worker to appeal against award under Section 17B?
Correct Answer: B. Employer must pay last drawn wages during pendency of proceeding challenging award
The correct answer is Employer must pay last drawn wages during pendency of proceeding challenging award. Section 17B of the Industrial Disputes Act provides that where in any proceeding, a Labour Court or Tribunal directs reinstatement of any workman, and the employer challenges this award in the High Court or Supreme Court, the employer shall be liable to pay the workman last drawn wages or minimum wages during the pendency of the proceedings. This protects workers who are reinstated but face delays due to employer's appeal. This topic is frequently tested in competitive examinations such as RRB NTPC, SSC, and UPSC.