Industrial Relations and Labour Laws 2024 Solved Question Paper [Gauhati University BCom 6th Sem. CBCS Pattern]

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Gauhati University BCom 6th Semester Industrial Relations and Labour Laws Solved Question Paper 2024

Below is the detailed breakdown of the GU BCom 6th Semester - Industrial Relations and Labour Laws solved question paper for 2024. The questions are organized based on their types and marks distribution for better clarity.

Question Paper: 2024

Paper Code: COM-HE-6056
Full Marks: 80, Time: Three Hours

Subject: Industrial Relations and Labour Laws

Gauhati University BCom 6th Sem. CBCS
The figures in the margin indicate full marks for the questions.

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

(a) Industrial relations are not dependent on human resource policies. (Write True or False)

Answer: False

(b) Trade Unions are temporary combinations between workers and the government. (Write True or False)

Answer: False

(c) Collective bargaining is a process of negotiation between the employees and the representatives of the employers. (Write True or False)

Answer: True

(d) Lack of job security is a __________ cause of labour turnover in an organisation. (Fill in the blank)

Answer: common

(e) A domestic enquiry is an internal investigation conducted by the __________ to address issues that arise during employment. (Fill in the blank)

Answer: Employer

(f) A lockout without proper notice is legal. (Write True or False)

Answer: False

(g) Who among the following is known as the father of the trade union movement in India? (Choose the correct answer) (i) Bal Gangadhar Tilak (ii) N. M. Lokhande (iii) Wadia (iv) None of the above

Answer: (ii) N. M. Lokhande

(h) A strike or lockout is illegal when it is commenced in contravention of section __________ of the Industrial Disputes Act, 1947. (Fill in the blank)

Answer: 22

(i) Workers' participation in management is an important form of non-financial incentive to the workers. (Write True or False)

Answer: True

(j) Mention the principal organs of the ILO.

Answer: The principal organs of the International Labour Organization (ILO) are:

1. The International Labour Conference

2. The Governing Body

3. The International Labour Office

2. Answer the following in brief: (2×5=10)

(a) State two distinct features of industrial relations.

Answer:

1. Interaction Between Parties: Industrial relations involve the continuous interaction between employers, employees, and their representatives, focusing on workplace policies, practices, and disputes.

2. Regulatory Framework: They are governed by a set of laws and regulations that aim to maintain industrial harmony and protect the rights of both employers and employees.
   
   

(b) Why does an individual join a trade union?

Answer: Individuals join trade unions to collectively bargain for better wages, working conditions, and job security. Unions also provide support in resolving workplace disputes and offer a platform for employees to voice their concerns.

(c) What are the reasons for misconduct or indiscipline in an organisation?

Answer:

Misconduct or indiscipline in an organization can arise due to various factors, including:

• Poor Leadership: Lack of clear direction or unfair treatment by management can lead to employee dissatisfaction.

• Inadequate Communication: Misunderstandings and lack of transparency can result in confusion and frustration among employees.

• Unfair Policies: Perceived inequities in company policies or favoritism can demotivate staff.

• Personal Issues: External personal problems can affect an individual's behavior at work.
  
  

(d) Define 'Industrial Dispute' under the Industrial Disputes Act, 1947.

Answer:

The Industrial Disputes Act, 1947, defines an 'industrial dispute' as any disagreement between employers and employees, or among employees themselves, connected with employment terms, conditions, or the working environment.

(e) Discuss briefly the different stages of workers' participation in management.

Answer: Workers' participation in management can occur at various levels:

1. Informative Participation: Employees receive information about the organization's performance and plans.

2. Consultative Participation: Employees provide feedback and suggestions on work-related matters, though final decisions rest with management.

3. Decisive Participation: Employees have a direct role in decision-making processes, sharing responsibility with management.

4. Administrative Participation: Employees are involved in the implementation and administration of policies and procedures.
   
   

These stages reflect increasing levels of employee involvement in organizational decision-making.

3. Answer the following questions in short (any four): (5×4=20)

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

Answer: Both employers and the State play pivotal roles in fostering harmonious industrial relations:

• Employers: They are responsible for creating a fair and safe work environment, ensuring compliance with labor laws, engaging in transparent communication with employees, and addressing grievances promptly. By recognizing and collaborating with trade unions, employers can facilitate collective bargaining, which helps in resolving disputes amicably.

• The State: The government establishes and enforces labor laws that set the framework for industrial relations. Through legislation like the Industrial Disputes Act, 1947, the State provides mechanisms for dispute resolution, such as conciliation and adjudication, ensuring that conflicts are managed within a legal framework. Additionally, the State may intervene in industrial disputes to maintain public order and protect the interests of both workers and employers.

(b) Briefly explain the situations under which the Registrar of Trade Unions may cancel the registration of a Trade Union.

Answer: The Registrar of Trade Unions has the authority to cancel the registration of a trade union under specific circumstances, including:

1. Voluntary Dissolution: If the trade union has resolved to dissolve itself following the procedures outlined in its constitution.

2. Ceasing to Exist: If the union has ceased to function or has not been active for a specified period.

3. Contravention of Provisions: If the union has willfully contravened any provisions of the Trade Unions Act, such as failing to submit annual returns or not maintaining proper accounts.

4. Unlawful Activities: If the union is found to be engaging in activities that are unlawful or opposed to public policy.

Before cancellation, the Registrar typically provides the union with a notice, allowing it an opportunity to rectify the issues or present its case.

(c) Explain briefly the reasons for the failure of Works Committees.

Answer: Works Committees, established to promote harmonious relations between employers and employees, often face challenges leading to their ineffectiveness:

1. Lack of Authority: Without decision-making power, committees may be unable to implement recommendations, leading to employee disillusionment.

2. Inadequate Training: Members may lack the necessary skills to address complex industrial issues effectively.

3. Poor Representation: If committee members do not accurately represent the workforce's interests, trust and legitimacy can be undermined.

4. Management Indifference: A lack of genuine support from management can render the committee's efforts futile.

5. Conflict with Trade Unions: Overlapping functions with trade unions can lead to jurisdictional disputes, hindering the committee's effectiveness.
   
   

(d) Explain the reasons for employee absenteeism.

Answer: Employee absenteeism can stem from various factors:

1. Health Issues: Chronic illnesses or workplace injuries can lead to frequent absences.

2. Workplace Environment: Poor working conditions, lack of safety measures, or inadequate facilities can demotivate employees.

3. Job Satisfaction: Monotonous tasks, lack of recognition, or limited career growth can result in disengagement.

4. Personal Commitments: Family responsibilities, such as childcare or eldercare, can conflict with work schedules.

5. Stress and Burnout: High workloads, tight deadlines, or interpersonal conflicts can lead to mental and physical exhaustion.
   
   

Addressing these issues requires a holistic approach, including health and wellness programs, improving workplace conditions, and fostering a supportive organizational culture.

(e) Discuss the conditions of layoff under the Industrial Disputes Act, 1947.

Answer:

Under the Industrial Disputes Act, 1947, a 'layoff' refers to the temporary inability of an employer to provide employment to a workman due to specific reasons beyond the employer's control. Key conditions include:

1. Applicability: The provisions apply to industrial establishments employing a certain number of workers, as specified by the Act.

2. Reasons for Layoff: These may include shortages of raw materials, breakdown of machinery, natural calamities, or any other connected reasons.

3. Compensation: Laid-off workers are entitled to compensation equivalent to 50% of their basic wages and dearness allowance, provided they have completed a minimum period of continuous service, typically one year.

4. Notice Requirements: Employers are required to notify the appropriate government authority about the layoff, especially if it exceeds a stipulated period.

5. Exceptions: No compensation is payable if the layoff is due to a strike or slowing down of production on the part of workers, or if the worker refuses to accept alternative employment offered by the employer.
   
   

These provisions aim to balance the interests of both employers and employees during periods of temporary work stoppages.

(f) Discuss briefly the provisions of the Industrial Disputes Act, 1947 regarding the closure of an undertaking.

Answer:

The Industrial Disputes Act, 1947, outlines specific provisions concerning the closure of industrial undertakings:

1. Definition: 'Closure' refers to the permanent shutting down of a place of employment or part thereof.

2. Notice Requirement: Employers intending to close an undertaking must provide at least 60 days' notice to the appropriate government authority and the representatives of the affected workmen, stating the reasons for the closure.

3. Compensation: Workers who have completed at least one year of continuous service are entitled to compensation equivalent to 15 days' average pay for every completed year of service.

4. Government Permission: In certain cases, especially for establishments employing a specified number of workers (e.g., 100 or more), prior permission from the appropriate government authority is required before effecting the closure.

5. Exceptions: The Act provides certain exceptions where the above provisions

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

(a) Discuss the various objectives of industrial relations and the factors affecting it in changing environmental conditions. (5+5=10)

Answer: Industrial relations (IR) refer to the dynamic relationship between employers, employees, and the regulatory framework governing their interactions. The primary objectives of industrial relations include:

1. Promoting Industrial Peace: Establishing mechanisms to prevent and resolve disputes ensures a harmonious working environment, reducing the likelihood of strikes and lockouts.

2. Enhancing Productivity: By fostering cooperation and understanding between management and workers, IR aims to boost organizational efficiency and output.

3. Ensuring Fair Treatment: Protecting workers' rights and ensuring equitable treatment helps in maintaining morale and job satisfaction.

4. Facilitating Collective Bargaining: Providing a structured platform for negotiations between employers and employee representatives leads to mutually beneficial agreements on wages, working conditions, and other employment terms.

5. Adapting to Change: Effective IR practices assist organizations in navigating economic, technological, and social changes by maintaining flexibility and open communication channels.

Several factors influence industrial relations, especially in the context of changing environmental conditions:

1. Economic Fluctuations: Economic downturns or booms can impact employment levels, wage negotiations, and job security, thereby affecting IR dynamics.

2. Technological Advancements: The introduction of new technologies can lead to job redundancies or the need for retraining, influencing the employer-employee relationship.

3. Globalization: Increased global competition may pressure organizations to modify labor practices, affecting local industrial relations.

4. Regulatory Changes: Updates in labor laws and policies can alter the balance of power between employers and employees, impacting negotiations and workplace practices.

5. Social and Cultural Shifts: Evolving societal values, such as the emphasis on work-life balance or diversity and inclusion, can reshape workplace expectations and industrial relations strategies.

Understanding these objectives and factors is crucial for developing robust industrial relations strategies that promote organizational success and employee well-being.

(b) Discuss the origin and growth of Trade Unions in India.

Answer: Origin of Trade Unions in India: The inception of trade unions in India dates back to the late 19th and early 20th centuries, influenced by the burgeoning industrial workforce and the need to address labor grievances. Key milestones include:

1. Bombay Mill-Hands Association (1890): Founded by N.M. Lokhande in 1890, this association is credited as the first organized effort to represent industrial workers in India.

2. Madras Labour Union (1918): Established by B.P. Wadia in 1918, it is considered the first registered trade union in India, marking a significant step towards formal labor organization.

3. All India Trade Union Congress (AITUC) (1920): Formed in 1920, AITUC was the first national federation of trade unions, uniting various labor organizations under one umbrella to advocate for workers' rights on a national platform.

Growth of Trade Unions in India:

The evolution of trade unions in India can be delineated through several phases:

1. Early 20th Century: Post-World War I and the Russian Revolution, there was a surge in labor movements, with over 1,000 strikes recorded between 1920 and 1924, reflecting growing worker unrest and organization.

2. Legislative Recognition: The enactment of the Trade Union Act in 1926 provided legal recognition and regulation of trade unions, facilitating their formal registration and operation.

3. Post-Independence Era: Following independence in 1947, there was significant growth in trade union membership, with the number of registered unions increasing from 28 in 1926 to 2,766 by 1947, representing over 1.66 million workers.

4. Liberalization Period (1991 onwards): Economic reforms led to a decline in public sector employment and challenges in unionizing private sector workers. However, unions adapted by focusing on informal sector workers, increasing their membership from 13.21 million in 1989 to 24.85 million in 2002.
   
   

(c) Briefly explain the various types of collective bargaining in an industrial setup. Discuss the essential conditions for successful collective bargaining. (2+8=10)

Types of Collective Bargaining:

1. Distributive Bargaining: This involves negotiation over the distribution of resources, such as wages and benefits, where one party's gain is typically the other's loss.

2. Integrative Bargaining: Both parties collaborate to find mutually beneficial solutions, focusing on common interests like improving working conditions or productivity.

3. Concessionary Bargaining: Unions agree to concessions, such as wage reductions, to help the employer during financial difficulties, aiming to preserve jobs.

4. Productivity Bargaining: Negotiations link wage increases to productivity improvements, aligning the interests of both employees and employers.
   
   

Essential Conditions for Successful Collective Bargaining:

1. Mutual Respect and Trust: Both parties should approach negotiations with respect and a willingness to understand each other's perspectives.

2. Effective Communication: Clear and open channels of communication help prevent misunderstandings and build a cooperative atmosphere.

3. Competent Representation: Both sides should have knowledgeable and skilled negotiators who understand the issues and can represent their constituencies effectively.

4. Willingness to Compromise: Flexibility and readiness to make concessions are crucial for reaching mutually acceptable agreements.
   
   

5. Legal and Institutional Support: A supportive legal framework and institutions that uphold labor rights and facilitate negotiations can enhance the effectiveness of collective bargaining.

6. Economic Stability: Stable economic conditions provide a conducive environment for negotiations, as both parties can make realistic and sustainable agreements.

7. Defined Objectives: Clear goals and an understanding of priorities help focus negotiations and achieve desired outcomes.

8. Continuous Engagement: Ongoing dialogue and relationship-building between labor and management outside formal negotiations can foster a collaborative environment.

(d) Discuss the evolution of industrial relations in India.

Answer: The evolution of industrial relations in India has been shaped by historical, economic, and social factors, progressing through distinct phases:

1. Colonial Era (Pre-1947): Industrial relations were characterized by exploitative labor practices under British rule, with minimal legal protections for workers. The formation of early labor associations, such as the Bombay Mill-Hands Association in 1890 and the Madras Labour Union in 1918, marked the nascent stages of organized labor movements.

2. Post-Independence (1947–1991): India adopted a socialist-oriented economic model, emphasizing public sector growth and pro-labor policies. The period saw the enactment of significant labor laws, including the Industrial Disputes Act of 1947, aimed at regulating industrial relations and promoting workers' rights. Trade unions became influential, often aligning with political parties, and played a crucial role in shaping labor policies.

3. Economic Liberalization (1991 onwards): The shift towards a market-oriented economy led to changes in industrial relations. The decline of the public sector and the rise of private enterprises resulted in reduced union influence. Labor laws faced criticism for being rigid, prompting discussions on reforms to balance flexibility with worker protection. The informal sector's expansion posed challenges for traditional industrial relations frameworks, leading to efforts to extend protections to informal workers.

4. Contemporary Developments: Recent years have witnessed attempts to consolidate and simplify labor laws, exemplified by the introduction of labor codes aimed at enhancing ease of compliance while ensuring worker welfare. Industrial relations continue to evolve, influenced by globalization, technological advancements, and changing workforce dynamics

(f) Explain the meaning of 'grievance'. In the context of industrial relations, discuss the appropriate procedure that can be adopted for grievance handling. (2+8=10)

Answer: Meaning of 'Grievance': A grievance is a formal complaint raised by an employee concerning workplace issues such as violations of employment terms, disputes over promotions, harassment, or discrimination.

Procedure for Grievance Handling in Industrial Relations:

1. Informal Resolution: The employee discusses the issue directly with their immediate supervisor to seek an amicable solution.

2. Formal Written Complaint: If unresolved, the employee submits a formal written grievance to the human resources department or designated grievance officer.

3. Investigation: The grievance officer conducts a thorough investigation, gathering facts and interviewing relevant parties.

4. Grievance Hearing: A formal meeting is held where the employee presents their case, and management provides their perspective.

5. Decision and Implementation: Management makes a decision based on the hearing, which is communicated in writing to the employee and implemented promptly.

6. Appeal Process: If dissatisfied, the employee can appeal to higher management or an external body, depending on organizational policies.

7. Documentation and Follow-Up: All steps are documented, and follow-ups ensure the grievance is fully resolved and preventive measures are in place.

(g) Discuss the issue of multiplicity of Trade Unions in the Indian scenario. Also explain the provisions for recognition of Trade Unions as guided by the Trade Unions Act, 1926. (5+5=10)

Answer: Multiplicity of Trade Unions in India: The existence of multiple trade unions within a single organization or industry in India leads to challenges such as inter-union rivalry, fragmented representation, and weakened collective bargaining power. This multiplicity often results from political affiliations, ideological differences, and personal ambitions of union leaders.

Provisions for Recognition of Trade Unions under the Trade Unions Act, 1926:

The Trade Unions Act, 1926, provides for the registration of trade unions but does not explicitly mandate their recognition by employers. Recognition is typically based on factors like union membership strength, representativeness, and adherence to legal requirements.

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

Answer:  Safety Provisions under the Factories Act, 1948:

1. Fencing of Machinery (Section 21): Dangerous parts of machinery must be securely fenced.

2. Work on or Near Machinery in Motion (Section 22): Precautions are required for work near moving machinery.

3. Employment of Young Persons on Dangerous Machines (Section 23): Prohibits young persons from operating dangerous machines without proper training and supervision.

4. Striking Gear and Devices for Cutting Off Power (Section 24): Factories must have devices to quickly cut off power in emergencies.

5. Self-Acting Machines (Section 25): Restrictions on the operation of self-acting machines to ensure safety.

6. Casing of New Machinery (Section 26): New machinery must be securely cased to prevent danger.

7. Prohibition of Employment of Women and Children Near Cotton Openers (Section 27): Women and children are prohibited from working near cotton openers to prevent health hazards.

8. Hoists and Lifts (Section 28): Hoists and lifts must be of good mechanical construction and regularly examined.

9. Lifting Machines, Chains, Ropes, and Lifting Tackles (Section 29): These must be properly maintained and tested to ensure safety.

10. Revolving Machinery (Section 30): Safe working peripheral speed must be ensured for revolving machinery.

11. Pressure Plant (Section 31): Pressure plants must be properly maintained to prevent danger.

12. Floors, Stairs, and Means of Access (Section 32): Floors, stairs, and passages must be soundly constructed and maintained.

13. Pits, Sumps, Openings in Floors (Section 33): Pits and openings must be securely covered or fenced.

14. Excessive Weights (Section 34): Workers should not be required to lift excessive weights that could cause injury.

15. Protection of Eyes (Section 35): Suitable eye protection must be provided where workers are exposed to eye injuries.

16. Precautions Against Dangerous Fumes (Section 36): Precautions must be taken to prevent exposure to dangerous fumes.

17. Use of Portable Electric Light (Section 36A): Guidelines are provided for the safe use of portable electric lights.

18. Explosive or Inflammable Dust, Gas, etc. (Section 37): Measures must be taken to prevent explosions or fires from inflammable substances.

19. Precautions in Case of Fire (Section 38): Factories must have adequate means of escape and firefighting equipment.

20. Safety of Buildings and Machinery (Section 39): Regular inspections are required to ensure the structural safety of buildings and machinery.

21. Maintenance of Buildings (Section 40): Factories must maintain buildings in a safe condition to prevent accidents.

22. Safety Officers (Section 40B): Factories employing 1,000 or more workers must appoint Safety Officers to oversee safety measures.

These provisions collectively aim to create a safe working environment by addressing various aspects of machinery safety, structural integrity, and emergency preparedness.

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Tips for Exam Preparation

To excel in the Industrial Relations and Labour Laws exam, consider these preparation tips:
➔ Focus on understanding key acts like the Trade Union Act, Industrial Disputes Act, and Factories Act.
➔ Practice previous year question papers to improve answer structuring.
➔ Prepare notes highlighting important definitions, case laws, and examples.
➔ Focus on writing clear, concise, and well-organized answers in exams.

Useful links: 

➔ Gauhati University BCom 6th Semester Previous Year Question Papers

➔ Industrial Relations and Labour Laws Important Questions for Exam.

Conclusion

The Gauhati University BCom 6th Semester - Industrial Relations and Labour Laws Solved Question Paper 2024 is an invaluable resource for exam preparation. By studying these solved papers, you can gain deeper insights into important topics and improve your ability to answer effectively.

For more study materials, solved question papers, and preparation tips, visit The Treasure Notes.