Industrial Relations and Labour Laws Solved Question Paper'2023 GU [Gauhati University BCom 6th Sem Hons.]

GU BCom 6th Semester Industrial Relations and Labour Laws Solved Question Paper 2023 - Gauhati University

Gauhati University (Sem-6/CBCS)

2023

COMMERCE

(Honours Elective)

Paper COM-HE-6056

(Industrial Relations and Labour Laws)

Full Marks: 80

Time Three hours

The figures in the margin indicate full marks for the questions.

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1. Answer the following as directed : 1×10=10

(a) How many weeks of prior statutory notice is required to be given to employers or workmen before a strike or lockout? 

(Choose the correct option)

(i) Two weeks 

(ii) Three weeks 

(iii) Five weeks

(iv) Six weeks 

(b) In which year was the All India Trade Union Congress (AITUC ) formed ? ( Choose the correct answer)

(i) 1919 

(ii) 1920 

(ii) 1921 

(iv) 1922 

(c) Which of the following is not a characteristic of trade union? (Choose the answer ) 

(i) Voluntary Association 

(ii) Common Goal 

(iii) Individual Actions 

(iv) Intermediary 

(d) Which of the following dispute settlers cannot make a binding decision? ( Choose the correct answer )

(i) Arbitrator 

(ii) Adjudicator 

(iii) Industrial Tribunal Member 

(iv) Conciliator 

(e) Where is International Labour Organisation (ILO) headquarters 

Ans:-  The International Labour Organisation (ILO) headquarters is located in Geneva, Switzerland. 

(f) Who was the founder of Bombay Mill Hands Association ?

( Choose the correct answer) 

(i) V. V. Giri

(ii) Bal Gangadhar Tilak 

(iii) N. M. Lokhande 

(iv) None of the above

(g) Which of the following has adopted the principle of fair wages in India? ( Choose the correct answer )

(i) The Minimum Wages Act

(ii) The Equal Remuneration Act

(iii) The Wage Boards

(iv) All of the above 

(h) “Equal pay for equal work is applicable to both men and women.” (Write True or False )

Ans:- True

(i) "Trade unions are temporary combinations (State True or False)

Ans:- False

(j) Who among the following advocated the compulsory collective bargaining? (Choose the correct answer)

(i) V. V. Giri

(ii) G. L. Nanda

(iii) Jagjivan Ram 

(iv) Khandubhai Desai

2.Answer the following in brief:  2 x 5 = 10

(a) Define industrial dispute.

Ans:- An industrial dispute is a conflict or a difference of opinion between management and workers regarding employment or working conditions. It may involve strikes, lockouts, picketing, or other forms of protest by the workers or the employers.

(b) Why do employees join trade unions ? 

Ans:- Employees join trade unions for various reasons, such as to protect their rights and interests, to improve their wages and benefits, to ensure fair and safe working conditions, to have a collective voice and bargaining power, to seek redressal of grievances, and to belong to a social group. 

(c) Define industrial relations.

Ans:- Industrial relations are the relations and interactions between the labour and management in the industry, influenced by their composite attitudes and approaches. Industrial relations also cover the aspects of collective bargaining, labour legislation, trade unionism, labour administration, and dispute resolution. 

(d) Differentiate between strike and lockout. 

Ans:- A strike is a voluntary and collective stoppage of work by the workers to exert pressure on the employer to accept their demands or grievances. A lockout is an involuntary and temporary closure of the workplace by the employer to compel the workers to agree to their terms and conditions. Strikes are initiated by the workers, while lockouts are initiated by the employers. Strikes aim to initiate or resist change in the working situation, while lockouts aim to force the workers to return to work. 

(e) What is adjudication ? 

Ans:- Adjudication is the process or act of making an official decision about something, especially about who is right in a disagreement. Adjudication can be done by a court, a tribunal, an arbitrator, or any other authority. Adjudication is legally binding and can be enforced by law. 

3. Write short answer of the following: (any four) 5x4 = 20

(a) Explain the role of employer and trade union in maintaining smooth industrial relations.

Ans:- [DOWNLOAD PDF FOR COMPLETE SOLUTION]

(b) Discuss in brief the major problems faced by trade unions in India. 

Ans:- [DOWNLOAD PDF FOR COMPLETE SOLUTION]

(c) Why is collective bargaining considered to be the best approach to the maintenance of industrial harmony? 

Ans:- [DOWNLOAD PDF FOR COMPLETE SOLUTION]

(d) Write a note on labour welfare facilities in Indian factory.

Ans:- Labour welfare facilities in Indian factory are the services, amenities, and benefits that are provided by the employer, the government, or the trade union to the workers and their families, in order to improve their well-being and efficiency. Some of the labour welfare facilities in Indian factory are:

1. Working hours and conditions: The Factories Act, 1948, regulates the working hours, weekly holidays, overtime, annual leave, etc. of the factory workers. It also prescribes the standards of cleanliness, ventilation, lighting, temperature, sanitation, etc. in the factory premises.

2. Safety and health: The Factories Act, 1948, also lays down the provisions for the prevention of accidents, injuries, and diseases in the factory. It requires the provision of safety appliances, protective equipment, first-aid boxes, ambulance rooms, etc. It also prohibits the employment of women and children in hazardous processes or operations.

3. Social security: The Employees’ State Insurance Act, 1948, provides for the medical care and cash benefits to the factory workers and their dependents in case of sickness, maternity, disablement, or death due to employment injury. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, provides for the compulsory contribution by the employer and the employee to a provident fund, a pension fund, and an insurance fund, for the retirement and security of the workers. The Workmen’s Compensation Act, 1923, provides for the payment of compensation by the employer to the workers or their dependents in case of injury or death by industrial accidents or occupational diseases.

4. Industrial housing: The Industrial Housing Act, 1952, empowers the government to provide loans and subsidies to the employers for the construction of houses for the factory workers. The government also runs various housing schemes and projects for the low-income groups, such as the Indira Awas Yojana, the Jawaharlal Nehru National Urban Renewal Mission, etc.

5. Canteens and rest rooms: The Factories Act, 1948, makes it compulsory for the factories employing more than 250 workers to provide and maintain a canteen for the use of the workers. The canteen should provide wholesome and nutritious food at subsidized rates. The Act also requires the factories employing more than 150 workers to provide and maintain adequate and suitable rest rooms and lunch rooms for the workers, with drinking water, furniture, and other facilities.

6. Crèches and child care: The Factories Act, 1948, also makes it mandatory for the factories employing more than 30 women workers to provide and maintain a crèche or a nursery for the use of their children below the age of six years. The crèche should be adequately staffed, equipped, and furnished, and should provide milk, refreshment, and medical care to the children.

7. Education and training: The government and the employers provide various educational and training facilities to the factory workers and their children, in order to enhance their skills, knowledge, and employability. Some of these facilities are adult literacy programs, vocational guidance and counseling, apprenticeship training, workers’ education schemes, scholarships, etc.

8. Recreation and entertainment: The government and the employers also provide various recreation and entertainment facilities to the factory workers and their families, in order to improve their physical and mental health, and to promote their social and cultural development. Some of these facilities are sports and games, libraries and reading rooms, cinemas and theaters, music and drama, clubs and associations, excursions and picnics, etc.

(e) What are the prerequisites of a successful grievance handling procedure? Discuss the role of ILO in industrial relations. 

Ans:- Prerequisites of a Successful Grievance Handling Procedure:

1. Clear Grievance Policy: A well-defined and communicated grievance policy is essential, outlining the procedures, steps, and timelines for addressing grievances. This ensures that both employees and management understand the process.

2. Accessibility and Awareness: Employees should be aware of the grievance handling procedure, and the process should be easily accessible. Clear communication channels and contact points for raising grievances need to be established.

3. Impartiality and Fairness: The procedure must be fair and impartial, assuring employees that their concerns will be addressed objectively. This includes having neutral individuals or panels involved in the grievance resolution process.

4. Timely Resolution: Prompt handling of grievances is crucial to prevent escalation. Establishing timelines for each stage of the procedure helps in ensuring timely resolution and maintaining the trust of the workforce.

5. Confidentiality: The confidentiality of the grievance process is important to encourage employees to come forward without fear of retaliation. This builds trust and facilitates open communication.

6. Training and Awareness Programs: Training programs for both employees and managers on the grievance handling procedure enhance understanding and promote effective implementation.

7. Documentation and Record-Keeping: Maintaining proper records of grievances, actions taken, and resolutions achieved is crucial for tracking patterns, analyzing trends, and improving the overall grievance handling system.

8. Feedback Mechanism: Establishing a feedback mechanism allows employees to provide input on the grievance handling process, helping organizations continuously improve and address any shortcomings.

9. Alternative Dispute Resolution (ADR): Offering alternative dispute resolution methods, such as mediation or arbitration, can provide additional options for resolving grievances without resorting to formal legal processes.

10. Continuous Evaluation and Improvement: Regularly evaluating the effectiveness of the grievance handling procedure and making necessary adjustments based on feedback and outcomes ensures that the system remains relevant and efficient.

Role of ILO in Industrial Relations:

The International Labour Organization (ILO) plays a significant role in shaping and promoting international labor standards and industrial relations. Its roles include:

1. Setting International Labor Standards: The ILO establishes and promotes international labor standards through conventions and recommendations, addressing various aspects of labor, including employment, working conditions, and social protection.

2. Technical Assistance: ILO provides technical assistance to member states in developing and implementing policies and programs related to labor and industrial relations. This assistance helps countries improve their labor laws, regulations, and practices.

3. Research and Data Collection: The ILO conducts research and collects data on global labor trends, industrial relations practices, and emerging issues, providing valuable insights to member states and the international community.

4. Promoting Social Dialogue: The ILO encourages social dialogue among governments, employers, and workers to foster cooperation and constructive negotiation in addressing labor issues. This dialogue is vital for maintaining industrial peace and harmony.

5. Capacity Building: ILO supports capacity-building initiatives, including training programs, to enhance the capabilities of governments, employers, and workers in dealing with labor-related challenges.

4. Answer any four of the following: 10×4=40 

(i) Explain various approaches to industrial relations.

Ans:- [DOWNLOAD PDF FOR COMPLETE SOLUTION]

(ii) Briefly explain the statutory machinery for settlement of industrial dispute in India.

Ans:- [DOWNLOAD PDF FOR COMPLETE SOLUTION]

(iii) Explain the working of 'Joint Management Councils'. Why could not they be successful? 5+5=10 

Ans:- [DOWNLOAD PDF FOR COMPLETE SOLUTION]

(iv) Discuss various measures to strengthen the trade union movement in India. What new role trade union need to play for their survival and popularity? 6+4=10

Ans:-  [DOWNLOAD PDF FOR COMPLETE SOLUTION]

(v) Define indiscipline in the context of employer-employee relations. Discuss the causes of industrial indiscipline. 4+6=10

Ans:- Indiscipline in the context of employer-employee relations can be defined as the violation or non-compliance of the rules, regulations, and norms of the organization by the employees, which affects the orderly and harmonious functioning of the organization. Indiscipline can manifest in various forms, such as absenteeism, tardiness, insubordination, misconduct, sabotage, strikes, lockouts, etc. 

Some of the causes of industrial indiscipline are:

1. - Lack of proper leadership: Poor or ineffective leadership can lead to indiscipline, as the leaders fail to motivate, inspire, and guide the employees to conform to the organizational goals and values. They also fail to communicate, supervise, and control the behavior of the employees, and seek their cooperation and participation¹².

2. - Lack of proper rules and regulations: Ambiguous, impractical, or unfair rules and regulations can also cause indiscipline, as the employees find them difficult or unreasonable to follow. They may also feel that the rules and regulations are imposed on them, without their consent or involvement¹².

3. - Violation of rights of employees: Employees have certain rights, such as the right to fair wages, safe and healthy working conditions, security of service, grievance redressal, collective bargaining, etc., which should not be violated by the employers. If these rights are violated, the employees may feel dissatisfied, exploited, and oppressed, and resort to indiscipline¹².

4. - Lack of grievance settlement machinery: Grievances are the expressions of dissatisfaction or discontent by the employees regarding their work or work environment. Grievances should be addressed and resolved quickly and effectively, through a proper grievance settlement machinery. If the grievances are ignored or delayed, they may accumulate and aggravate, and lead to indiscipline¹².

5. - Lack of proper promotional policy: Promotion is the advancement of an employee to a higher position or rank, with better pay and benefits. Promotion is a source of motivation and recognition for the employees, and also a means of career development. If the promotional policy is unclear, biased, or irregular, the employees may feel frustrated, demoralized, and discriminated, and indulge in indiscipline¹².

6. - Employer's attitude: The attitude of the employer towards the employees also influences the level of discipline in the organization. If the employer is hostile, indifferent, or arrogant, and does not treat the employees with respect, dignity, and justice, the employees may develop a negative attitude and resentment towards the employer, and behave in an indisciplined manner¹².

7. - Lack of communication: Communication is the process of exchanging information, ideas, and feelings between the employer and the employees, and among the employees themselves. Communication is essential for maintaining mutual understanding, trust, and cooperation in the organization. Lack of communication can create misunderstanding, confusion, and conflict, and result in indiscipline.

(vi) What are various provisions of safety of workers under the Factories Act, 1948? Explain.

Ans:- [DOWNLOAD PDF FOR COMPLETE SOLUTION]

(vii) What are the needs and importance of human resource management in industrial relation ? Discuss.

Ans:- [DOWNLOAD PDF FOR COMPLETE SOLUTION]

(viii) Explain the following provisions under the Industrial Employment (Standing Orders) Act, 1946 : 5+5=10

(a) Penalties and Procedures

(b) Powers to Make Rules

Ans:- Provisions under the Industrial Employment (Standing Orders) Act, 1946:

Ans:- (a) Penalties and Procedures:

1. Penalties (Section 15): The Industrial Employment (Standing Orders) Act, 1946, empowers the employer to impose certain penalties on workers for misconduct or violation of standing orders. The Act outlines the types of penalties that can be imposed, including fines and suspension, and the procedures for imposing these penalties.

2. Procedure for Imposing Penalties (Section 16): The Act specifies the procedure that must be followed by the employer when imposing penalties on workers. This includes providing the worker with a reasonable opportunity to explain the alleged misconduct and ensuring that the disciplinary process is fair and transparent.

3. Appeals (Section 17): In case a worker is dissatisfied with the penalty imposed, the Act provides for the right to appeal. The worker can appeal to the designated authority or an appellate tribunal, ensuring a mechanism for redressal and review of the disciplinary action.

4. Rules Regarding Penalties (Section 18): The Act allows the appropriate government to prescribe rules regarding the penalties that can be imposed under standing orders. These rules may include guidelines on the nature of offenses, the severity of penalties, and the procedures to be followed.

5. Enforcement of Penalties (Section 19): Once a penalty is imposed and the appeals process is exhausted, if the worker fails to comply with the penalty, the Act provides for the enforcement of penalties through mechanisms specified in the standing orders.

6. (b) Powers to Make Rules:

1. Rule-Making Authority (Section 15A): The Industrial Employment (Standing Orders) Act, 1946, grants the appropriate government the power to make rules for carrying out the purposes of the Act. This includes the power to prescribe the form and content of standing orders, procedures for their certification, and other matters related to their implementation.

2. Model Standing Orders (Section 12A): The Act empowers the appropriate government to prescribe model standing orders that can be adopted or modified by industrial establishments. This provides a framework for organizations to create standing orders tailored to their specific needs while ensuring adherence to essential principles.

3. Certification of Standing Orders (Section 12): The Act stipulates the procedure for the certification of standing orders. Employers are required to submit the draft standing orders to the certifying officer, who, after ensuring compliance with legal provisions, certifies the standing orders.

4. Amendment of Standing Orders (Section 10): The Act allows the employer to propose amendments to the certified standing orders. However, such amendments must be submitted to the certifying officer for approval, ensuring that changes are in line with legal requirements and do not negatively impact the rights of workers.

5. Notification of Standing Orders (Section 12): Once the standing orders are certified, the Act requires the employer to prominently display the certified standing orders at the workplace. This ensures that workers are aware of the rules and regulations governing their employment.

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