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Title Name Amity Solved Assignment for Industrial Relations and Labour Laws
University AMITY
Service Type Assignment
Course PGDM-(Human-Resource)
Semister Semester-II Cource: PGDM-(Human-Resource)
Short Name or Subject Code Industrial Relations and Labour Laws
Commerce line item Type Semester-II Cource: PGDM-(Human-Resource)
Product Assignment of PGDM-(Human-Resource) Semester-II (AMITY)

Solved Assignment


  Questions :-

                                                                                                            Industrial Relations and Labour Laws

Assignment - A

Question 1. Define the term ´Industrial Relations´. Also discuss, in brief, the causes and effects of poor industrial relations.

Question 2. "The history of ´Indian Trade Union Movement´ during there-Independence period has been full of partitions and mergers". Discuss, quoting suitable examples.

 Question 3. Discuss, in brief, the machinery provided under the Industrial Disputes Act, 1947 (As amended up to date), for settlement of industrial disputes.

 Question 4. Define the term ´Grievance´. Also explain the Model Grievance Procedure for the redressal of grievances.

 Question 5. Discuss, in brief, the various steps taken by the Government from time to time to encourage workers´ participation in management in our country.

 

 

 

Assignment - B

Question 1. Identify the factors responsible for indiscipline in industry. Also explain the procedure of disciplinary action.

 Question 2. Write short notes on the following:

 (a) Benefits available to employees under the Employees State Insurance Act, 1948.

(b) Deductions ´permissible´ and ´not permissible´ under the Payment of Wages Act, 1936.

(c) Compulsory Arbitration as provided under the Industrial Disputes Act, 1947 (as amended up to date.)

Question 3. Write short note on any two of the following:

 (b) Illegal Strikes.

(d) Difference between ´Suspension´ and ´Dismissal´.

 

 

Case Study

 Chief Engineer Raju

Raju has been with the company for the last 15 years. He is considered to bevery competent in his job. Raju always greeted people with a smiling face and never lost his temper on the shop floor. Workers had considerable regard for him. In union circles Raju enjoyed a good reputation for his fairness. He had a unique style of his own when it came to personnel matters. He advocated patience and restraint while dealing with people. He would often say "gone are the days when one could deal with employees strictly. Now you have to be flexible, considerate and fair".

Supervisor Madan

A young man of 25, Madan is always keen on meeting production targets. He took genuine interest in his job and handled all his assignments carefully. He is of the view that top management and especially the HR manager more often than not, might fail to back up supervisors in their efforts to bring about some discipline in the plant. He believed that complaints from supervisors are ignored by management and as a result, workers get encouraged to indulge in disruptive activities, adversely affecting production.

Balbir Singh

Balbir, a skilled worker, has recently been elected as the Joint Secretary of the Union. He holds leftist political views, though he is not a member of any political party. He is ambitious and wants to reach the top levels in union circles as quickly as possible. On Monday, Raju had hardly entered in his office when the supervisor Madan rushes in.

Madan: Sir, there is a great commotion in the section. No one is working. Even after repeated requests, workers have not stopped the shouting and hooting. Sir, please come to the shop and see for yourself the extent of indiscipline that has become rampant.

Raju: Madan, take your seat. Tell me the truth. I will come to the shop floor if you so desire. But first tell me why you are so much upset.

Madan: Sir, you know, Balbir, the joint secretary of the union, was loitering around and not attending to his machine. I called him and told him to go to his machine and start it.

Raju: Then what happened?

Madan: Balbir retorted quickly, "Do not shout at me. Your lung power does network here. Even your bosses cannot order me about like that. What are you, after all?" Many workers gathered around and witnessed the scene.

Raju: O.K. Now please go to your section. I will ask Balbir to come immediately.

Balbir: Sir, you wanted me to see you? What is the purpose?

Raju: Please sit down. What would you have? Tea or coffee? (Presses the buzzer).bring two cups of tea. (After the tea has arrived)-Do you need more sugar?

Balbir, tell me now why are you after Madan? He is a sincere and hardworking young supervisor and you should cooperate with him.

Balbir: Sir, first listen to me and then decide. This Madan has run amuck. Kalka Chokra, he thinks he is Hitler. This morning the security staff did not allow two workers of my section in. Somehow I came to know. I left the section and went to see the security officer. With Great difficulty I managed to get the two workers punch their cards and join duty. On my return I saw Madan fuming and fretting. In a derogatory tone he started shouting at me. When I could stand into longer I also raised my voice and told him to go and report against me.

Raju: Look! Balbir you are a responsible union official. You should not have created the scene. After all a supervisor has to ensure discipline. I am sorry you have set a bad example for other workers. How do you want me to proceed?

Madan is very sore at being insulted in the presence of so many workers. I have to do something so that such incidents do not occur again.

QUESTIONS

1. Who is at fault and why?

2. Do you think unionized employees require a different kind of treatment on matters relating to discipline?

3. What should Raju do now to check both Madan and Balbir from going to the street future?

 

 

 

 

Assignment - C

1. In the beginning of industrial revolution, with regard to settlement of industrial disputes, the Government believed in:

(a) Direct interference

(b) Laissez faire policy

(c) Adjudication machinery

(d) Arbitration machinery

 

2. Which of the following, according to section 2 (K) of the Industrial Disputes Act, 1947, is not treated as Industrial Dispute?

(a) Any dispute or difference between workmen and workmen

(b) Any dispute or difference between employers and employers

(c) Any dispute or difference between Central Govt. and State Govt.

(d) Any dispute or difference between employers and workmen

 

3. Which of the following is not a part of Conciliation Machinery for the settlement of industrial disputes under the Industrial Disputes Act, 1947 (as amended up to date)?

(a) Courts of Enquiry

(b) Industrial Tribunals

(c) Board of Conciliation

(d) Conciliation Offices

 

4. Which of the following is not a part of Adjudication Machinery under the Industrial Disputes Act, 1947 (as amended up to date)?

(a) Labour Courts

(b) Courts of Enquiry

(c) National Tribunals

(d) Industrial Tribunals

 

5. Which of the following is not a part of machinery for the settlement of industrial disputes under the Industrial Disputes Act, 1947 (as amended up to date)?

(a) Compulsory Arbitration

(b) Conciliation Machinery

(c) Ad justification Machinery

(d) Voluntary Arbitration

 

6. Which of the following is not the measure to prevent industrial disputes?

(a) Code of conduct

(b) Code of Discipline

(c) Collection Barging

(d) Voluntary arbitration

 

7. Which of the following statements is not correct?

(a) Grievance redressal procedure need not have any prescribed time framework for redressed of grievances.

(b) Grievances redressal procedure should be acceptable to all.

(c) The official grievances handler should have undergone the desired training

(d) The Grievance redressal procedure should be reviewed from time to time.

 

8. The Grievance Committee should give its decision regarding the redressal of the grievance within (as per Model Grievance Procedure):

(a) 48 Hours

(b) 7 Days

(c) 3 Days

(d) 10 Days

 

9. Which of the following is not an internal cause of indiscipline?

(a) Avoidance of Redressal Grievance (by the Management)

(b) Personal Factors

(c) High rate of inflation

(d) Lack of code of conduct

 

10 Which of the following is not a step in the disciplinary process?

(a) Show-cause notice

(b) Dismissal

(c) Preliminary investigation

(d) Follow up

 

11. Which of the following statements is not correct?

(a) Disciplinary action should be administered by the top management

(b) There should be normal attitude towards the employee after disciplinary action.

(c) Disciplinary action should be taken in private

(d) There is a need of consistency in the administration of disciplinary action.

 

12. Which of the following statements, as per trade union Act, 1926, is not relevant with regard to trade union?

(a) A trade may be formed for regulating relations between employers and employers.

(b) A trade may be formed for regulating relations between workmen and workmen

(c) A trade may be formed for regulating relations between workmen and employers

(d) A trade union may be formed for lifting restrictive conditions on the conduct of any trade or business.

 

13. Function of the trade union do not include:

(a) Fraternal functions

(b) Intra-mural functions

(c) Ancillary functions

(d) Technological functions

 

14. Trade union do not play the role of:

(a) Liaisons maker

(b) Disseminator of information

(c) Legal advisor

(d) Change agent

(e) Arbitrator

 

15. All India Trade Union Congress (AITUC) was formed in:

(a) 1915

(b) 1920

(c) 1925

(d) 1942

 

16. Bhartiya Mazdoor Sangh (BMS) was formed in:

(a) 1945

(b) 1955

(c) 1960

(d) 1962

 

17. ´ Labour Movement´ is started by:

(a) Workers themselves

(b) Government

(c) Employees

(d) Outsiders like philanthropist etc.

 

18. The Trade Unions Act was passed in:        

(a) 1921

(b) 1926

(c) 1936

(d) 1947

 

19. Which section of the Trade Unions Act, 1926 defines the term "Trade Union"?

(a) Section 2(h)

(b) Section 2(k)

(c) Section 1(c)

(d) Section 1 (l)

 

20. Which is not one of the characteristics of a trade union?

(a) Every registered trade union is a statutory body

(b) Every registered trade union has a perpetual succession

(c) Every registered trade union has a common seal

(d) Every registered trade union is a body corporate

 

21. Under the provision of the Trade Unions Act, which of the following statements is not correct?

(a) The minimum numbers required to form a trade union is seven

(b) Getting a trade union registered is mandatory

(c) Employers can also form their trade unions

(d) Section 5 of the Trade Union Act, 1926 requires that every application for registration mustbe sent to the Registrar of Trade Unions

 

22. The institutions of Work Committees were provided in the year:

(a) 1942

(b) 1947

(c) 1952

(d) 1953

 

23. Which of the following is not true in the case of the 1975-Scheme of Workers´ Participation in Industries:

(a) Has no legal sanction

(b) Provides that the Shop Council should be set up at floor levels

(c) Provides that the Joint Council should be set up at Plant Level

(d) Does not provide for its implementation through executive action

 

24. Which of the following statements is not true in the case of the 1983-Scheme of Workers´ Participation? In Management?

(a) The Scheme is applicable to all public sector undertakings

(b) A few enterprises have implemented the Scheme at Board level

(c) The Scheme has no legislative backing

(d) The State Governments and Private Sector enterprises have also been asked to implement the Scheme

 

25. Which of the following statements with regard to the Scheme for appointing

Workers´ representative in the Board of Management, is not true?

(a) It provides for a workers´ representative in the Board of Management

(b) It is from of the panel of names of three persons submitted by the recognized Union that only one person is selected by appropriate authorities for nomination as Director

(c) A person for being eligible for nomination should have attained the age of at least 40 years

(d) Such a person should have a minimum of 5 years´ service in the undertaking

 

26. Which of the following is not a part of ´Negotiation Stage´ of collective bargaining?

(a) Identifications of problem

(b) Collective Bargaining Agreement

(c) Contract Administration

(d) Negotiations Agreement

 

27. Which of the following is not a part of ´Preparation for Negotiations´ in connection with collective bargaining?

(a) Constitution of Negotiating Teams

(b) Collective bargaining Agreement

(c) Data Collection

(d) Bargaining Power

 

28. Which of the following is not a part of ´Negotiations of Agreement´ in connection with collective bargaining?

(a) Haggling bargaining

(b) Intermittent bargaining

(c) Boulwarism bargaining

(d) Continuous bargaining

 

29. Which of the following is not one of the causes for limited success of collective bargaining in India?

(a) Weak and multiplicity of unions

(b) Inadequate support from the management for collective bargaining

(c) Difficult accessibility of adjudication

(d) Lack of strong efforts from the Government

 

30. Which of the following is not a role of collective bargaining?

(a) Promoter of industrial peace

(b) Spokes person of employers

(c) Bargainer

(d) Believer in the policy of ´give and take´

 

31. Which of the following is not a feature of collective bargaining?

(a) It is a static and rigid process

(b) It is a group action

(c) It is s continuous process

(d) It is an advanced form of human relations

 

32. Which of the following is not the objective of industrial relations?

(a) To promote general welfare of the employees

(b) To enhance labour turnover

(c) To improve productivity of the organization

(d) To improve industrial democracy through WPM

 

33. Which of the following sections of the Trade Unions (Amendment) Act, 1947(though not enforced) permits the registered Trade Union whose recognition is withdrawn under sub-section (3) of section 28 G to make an application for-recognition after six months from the date of withdrawal of recognition?

(a) Section 28 H

(b) Section 28 D

(c) Section 28 G

(d) Section 28 I

 

34. Which of the following is not a pre-requisite to collective bargaining?

(a) Freedom of Association

(b) Registration of Trade Unions

(c) Recognition of Trade Unions

(d) Strong and stable Trade Unions

 

35. The Industrial Employment (Standing Orders) Act, applies to every industrial establishment employing:

(a) 50 and more workmen

(b) 100 or more workmen

(c) 20 or more workmen

(d) 10 or more workmen

 

36. The Minimum Wages Act was passed in:

(a) 1936

(b) 1948

(c) 1952

(d) 1947

 

 

37. The Employees State Insurance Act was passed in:

(a) 1948

(b) 1947

(c) 1952

(d) 1951

 

38. The payment of Wages Act, 1936 deals with:

(a) Fixation of minimum wage

(b) Permissible deduction from the wages

(c) Minimum Leave the employee can avail

(d) Payment of Gratuity at the time of retirement

 

39. The Employees Provident Fund & Misc Provisions Act was passed in:

(a) 1952

(b) 1948

(c) 1947

(d) 1972

 

40. Lock-out is declared by:

(a) Trade Unions

(b) Government

(c) Management

(d) Political parties

  Answers :-

                                                                                                                                   ADL 35 Industrial Relations & Labour Laws V2.. 

Assignment - A

Question 1. Define the term ´Industrial Relations´. Also discuss, in brief, the causes and effects of poor industrial relations.

Ans

Industrial Relations

Industrial relations are a multidisciplinary field that studies the employment relationship. Industrial relations is increasingly being called employment relations or employee relations because of the importance of non-industrial employment relationships; this move is sometimes seen as further broadening of the human resource management trend. Indeed, some authors now define human resource management as synonymous with employee relations. Other authors see employee relations as dealing only with non-unionized workers, whereas labour relations are seen as dealing with unionized workers. Industrial relations studies examine various employment situations, not just ones with a unionized workforce. However, according to Bruce E. Kaufman "To a large degree, most scholars regard trade unionism, collective bargaining and labour-management relations, and the national labour policy and labour law within which they are embedded, as the core subjects of the field.

Causes & Effects of Poor Industrial Relations

Perhaps the main cause or source of poor industrial relations resulting in inefficiency and labour unrest is mental laziness on the part of both management and labour. Management is not sufficiently concerned to ascertain the causes of inefficiency and unrest following the laissez-faire policy, until it is faced with strikes and more serious unrest. Even with regard to methods of work, management does not bother to devise the best method but leaves it mainly to the subordinates to work it out for themselves. Contempt on the part of the employers towards the workers is another major cause. However, the following are briefly the causes of poor industrial relations:

  • Mental inertia on the part of management and labour;
  • An intolerant attitude of contempt of contempt towards the workers on the part of management.
  • Inadequate fixation of wage or wage structure;
  • Unhealthy working conditions;
  • Indiscipline;
  • Lack of human relations skill on the part of supervisors and other managers;
  • Desire on the part of the workers for higher bonus or DA and the corresponding desire of the employers to give as little as possible;
  • Inappropriate introduction of automation without providing the right climate;
  • Unduly heavy workloads;
  • Inadequate welfare facilities;
  • Dispute on sharing the gains of productivity;
  • Unfair labour practices, like victimization and undue dismissal;
  • Retrenchment, dismissals and lock-outs on the part of management and strikes on the part of the workers;
  • Inter-union rivalries; and
  • General economic and political environment, such as rising prices, strikes by others, and general indiscipline having their effect on the employees’ attitudes.

Question 2. "The history of ´Indian Trade Union Movement´ during there-Independence period has been full of partitions and mergers". Discuss, quoting suitable examples.

Question 3. Discuss, in brief, the machinery provided under the Industrial Disputes Act, 1947 (As amended up to date), for settlement of industrial disputes.

Question 4. Define the term ´Grievance´. Also explain the Model Grievance Procedure for the redressal of grievances.

Question 5. Discuss, in brief, the various steps taken by the Government from time to time to encourage workers´ participation in management in our country.

 

Assignment - B

Question 1. Identify the factors responsible for indiscipline in industry. Also explain the procedure of disciplinary action.

 

 

 

 Question 2. Write short notes on the following:

(a) Benefits available to employees under the Employees State Insurance Act, 1948.

Ans 

The section 46 of the Act envisages following six social security benefits:-

(a) Medical Benefit: Full medical care is provided to an Insured person and his family members from the day he enters insurable employment. There is no ceiling on expenditure on the treatment of an Insured Person or his family member. Medical care is also provided to retired and permanently disabled insured persons and their spouses on payment of a token annual premium of Rs.120/- .

  1. System of Treatment
  2. Scale of Medical Benefit
  3. Benefits to Retired IPs
  4. Administration of Medical Benefit in a State
  5. Domiciliary treatment
  6. Specialist consultation
  7. In-Patient treatment
  8. Imaging Services
  9. Artificial Limbs & Aids
  10. Special Provisions
  11. Reimbursement

(b) Sickness Benefit (SB): Sickness Benefit in the form of cash compensation at the rate of 70 per cent of wages is payable to insured workers during the periods of certified sickness for a maximum of 91 days in a year. In order to qualify for sickness benefit the insured worker is required to contribute for 78 days in a contribution period of 6 months.

  1. Extended Sickness Benefit (ESB) : SB extendable up to two years in the case of 34 malignant and long-term diseases at an enhanced rate of 80 per cent of wages.
  2. Enhanced Sickness Benefit: Enhanced Sickness Benefit equal to full wage is payable to insured persons undergoing sterilization for 7 days/14 days for male and female workers respectively.
  3. c) Maternity Benefit (MB) : Maternity Benefit for confinement/pregnancy is payable for three months, which is extendable by further one month on medical advice at the rate of full wage subject to contribution for 70 days in the preceding year.

(d) Disablement Benefit

  1. Temporary disablement benefit (TDB) : From day one of entering insurable employment & irrespective of having paid any contribution in case of employment injury. Temporary Disablement Benefit at the rate of 90% of wage is payable so long as disability continues.
  2. Permanent disablement benefit (PDB) : The benefit is paid at the rate of 90% of wage in the form of monthly payment depending upon the extent of loss of earning capacity as certified by a Medical Board

(e) Dependants´ Benefit (DB): DB paid at the rate of 90% of wage in the form of monthly payment to the dependants of a deceased Insured person in cases where death occurs due to employment injury or occupational hazards.

(f) Other Benefits:

  • Funeral Expenses: An amount of Rs.10, 000/- is payable to the dependents or to the person who performs last rites from day one of entering insurable employment.
  • Confinement Expenses: An Insured Women or an I.P.in respect of his wife in case confinement occurs at a place where necessary medical facilities under ESI Scheme are not available.

In addition, the scheme also provides some other need based benefits to insured workers.

Vocational Rehabilitation: To permanently disabled Insured Person for undergoing VR Training at VRS.

Physical Rehabilitation: In case of physical disablement due to employment injury.

Old Age Medical Care :For Insured Person retiring on attaining the age of superannuation or under VRS/ERS and person having to leave service due to permanent disability insured person & spouse on payment of Rs. 120/- per annum.

Rajiv Gandhi Shramik Kalyan Yojana: This scheme of Unemployment allowance was introduced w.e.f. 01-04-2005. An Insured Person who become unemployed after being insured three or more years, due to closure of factory/establishment, retrenchment or permanent invalidity are entitled to :-

  • Unemployment Allowance equal to 50% of wage for a maximum period of up to one year.
  • Medical care for self and family from ESI Hospitals/Dispensaries during the period IP receives unemployment allowance.
  • Vocational Training provided for upgrading skills - Expenditure on fee/travelling allowance borne by ESIC.

Incentive to employers in the Private Sector for providing regular employment to the persons with disability:

  • Minimum wage limit for Physically Disabled Persons for availing ESIC Benefits is 25,000/-.
  • Employers’´ contribution is paid by the Central Government for 3 years.

Benefits & Contributory Conditions:

An interesting feature of the ESI Scheme is that the contributions are related to the paying capacity as a fixed percentage of the workers’ wages, whereas, they are provided social security benefits according to individual needs without distinction.

Cash Benefits are disbursed by the Corporation through its Branch Offices (BOs) / Pay Offices (POs), subject to certain contributory conditions.

 

 

(b) Deductions ´permissible´ and ´not permissible´ under the Payment of Wages Act, 1936.

Ans

MAINLY THE FOLLOWING DEDUCTIONS ARE PERMITTED. (Section-7)

  1. FINES
  2. a) An employed person can be fined only for acts and omissions which are specified in a list which is approved by the State Government or the prescribed authority.(section-8)
  3. b) Before the fine is imposed on an employed person, he must be given an opportunity for explanation. (Section-8)
  4. c) Fines should not exceed 3% of the wages in a month. (Section-8)
  5. d) Fines shall not be recovered by instalment or later than 60 days of the date of imposition. (Section-8)
  6. e) The paymaster shall maintain a register of Wages, Fines, Damages, Deductions and Advances in Form VI (PW) (Rule 3, 4 &17)
  7. Deductions (section-9 to13)
  8. I) Deductions for the absence from duty.
  9. ii) Deductions for damages to or loss of goods expressly entrusted to the employed person for custody, or for loss of money for which he is required to account, where such damage or loss is directly attributed to his negligence or default.

 

iii) Deductions for house accommodation.

  1. iv) Deduction for amenities as authorized by the Govt.
  2. v) Deduction for recovery of advances and interest, and for adjustment of over payment of wages.
  3. vi) Deductions for recovery of loans from any fund constituted for the welfare of labour approved by state Govt.

vii) Deductions for recovery of loans for house building or for purpose approved by Govt.

viii) Deduction for income-tax.

  1. ix) Deduction on orders of a court or other authority.
  2. x) Deductions for subscription and repayment of advance from any provident fund.
  3. xi) Deduction for payments to cooperative sectors.

xii) Deduction of premium for LIC policy or for post office saving scheme on written authorization of the employed person.

xiii) Deduction for contribution to any fund constituted by the employed or trade union for welfare of employed person with the approval of state govt.

xiv) Deduction for payment of membership fee of trade union with written authorization of employed person.

  1. xv) Deduction for contribution to Prime Ministers´ National Relief Fund or to such other fund as notified by Central Govt. with the written authorization of the employed person

Total amount of deductions should not exceed 75% of wages of the employed person in any wage period if whole or part of the deduction is meant for payment to cooperative societies.

In other cases it should not exceed 50%.

Law does not allow an employer to make any type of deduction out of the wages of a worker except those authorized by this Act.

  1. a) The advance may be recovered in instalment by deductions from wages spread over not more than twelve months. No instalment shall exceed one third or where the wages for any wage period are not more than 20 rupees ¼of the wages for the wage period in respect of which deduction is made.

(b)Recovery of advances of wages or loans or payment to cooperative societies and insurance scheme shall be subject to any rules/conditions of the State Govt.

 

 

(c) Compulsory Arbitration as provided under the Industrial Disputes Act, 1947 (as amended up to date.)

Ans

There are two types of Arbitration:

  1. Voluntary Arbitration
  2. Compulsory Arbitration

Voluntary Arbitration is a binding, adversarial dispute resolution process in which the disputing parties choose one or more arbitrators to hear their dispute and to render a final decision or award after an expedited hearing

Voluntary arbitration implies that the two contending parties, unable to compromise their differences by themselves or with the help of mediator or conciliator, agree to submit the conflict/ dispute to an impartial authority, whose decisions they are ready to accept. In other words, under voluntary arbitration the parties to the dispute can and do they refer voluntarily and dispute to arbitration before it is referred for adjudication. This type of reference is known as “voluntary reference”, for the parties themselves volunteer to come to a settlement though an arbitration machinery.

The essential elements in voluntary arbitration are:

  • The voluntary submission of dispute to an arbitrator.
  • The subsequent attendance of witnesses and investigations.
  • The enforcement of an award may not be necessary and binding because there is no compulsion.
  • Voluntary arbitration may be specially needed for disputes arising under agreements.

 

Compulsory Arbitration is a non-binding, adversarial dispute resolution process in which one or more arbitrators hear arguments, weigh evidence and issue a non-binding judgment on the merits after an expedited hearing. The arbitrator´s decision addresses only the disputed legal issues and applies legal standards. Either party may reject the ruling and request a trial de novo in court.

Compulsory arbitration is one where the parties are required to accept arbitration without any willingness on their part. When one of the parties to an industrial dispute feels aggrieved by an act of the other, it may apply to the appropriate government to refer the dispute to adjudication machinery. Such reference of a dispute is known as “compulsory” or “involuntary” reference, because reference in such circumstances does not depend on the sweet will of either the contending parties or any party to the dispute. It is entirely the discretion of the appropriate govt. based on the question of existing dispute, or on the apprehension that industrial dispute will emerge in particular establishment.

Under compulsory arbitration, the parties are forced to arbitration by the state when:

 

  • The parties fail to arrive at a settlement by a voluntary method
  • When there is a national emergency which requires that the wheels of production should not be obstructed by frequent work-stoppages
  • The country is passing through a grave economic crisis
  • There is a grave public dissatisfaction with the existing industrial relations
  • Public interest and the working conditions have to be safeguarded and regulated by the state.

Compulsory arbitration leaves no scope for strikes and lock-outs; it deprives both the parties of their very important and fundamental rights.

 

 

Question 3. Write short note on any two of the following:

(b) Illegal Strikes.

Ans

Illegal Strike is a strike that is called in violation of law. An illegal strike ignores cooling-off period restrictions or an absolute statutory ban. Such strike is entered without regard to the no-strike agreement of the union. The 2005 New York City transit strike called by the Transport Workers Union Local 100 (TWU) is an example for illegal strike. TWU’s President, Roger Toussaint was sentenced to ten days in jail and the union was fined 2.5 million dollars by the court for the illegal strike and damages caused.

 

 

(d) Difference between ´Suspension´ and ´Dismissal´.

Ans

Suspension

A suspension is a heterogeneous mixture containing solid particles that are sufficiently large for sedimentation. Usually they must be larger than 1 micrometer. The internal phase (solid) is dispersed throughout the external phase (fluid) through mechanical agitation, with the use of certain excipients or suspending agents. Unlike colloids, suspensions will eventually settle. An example of a suspension would be sand in water. The suspended particles are visible under a microscope and will settle over time if left undisturbed. This distinguishes a suspension from a colloid, in which the suspended particles are smaller and do not settle. Colloids and suspensions are different from solutions, in which the dissolved substance (solute) does not exist as a solid, and solvent and solute are homogeneously mixed.

Dismissal

Dismissal (referred to informally as firing or sacking) is the termination of employment by an employer against the will of the employee. Though such a decision can be made by an employer for a variety of reasons, ranging from an economic downturn to performance-related problems on the part of the employee, being fired has a strong stigma in many cultures. To be fired, as opposed to quitting voluntarily (or being laid off), is often perceived as being the employee´s fault, and is therefore considered to be disgraceful and a sign of failure. Finding new employment may often be difficult after being fired, particularly if there is a history of being fired from previous jobs, if the reason for firing is for some serious infraction, or the employee did not hold the job very long. Job seekers will often not mention jobs that they were fired from on their resumes; accordingly, unexplained gaps in employment are often regarded as a red flag.

 

                                                        

 

  Case Study

Chief Engineer Raju

Raju has been with the company for the last 15 years. He is considered to bevery competent in his job. Raju always greeted people with a smiling face and never lost his temper on the shop floor. Workers had considerable regard for him. In union circles Raju enjoyed a good reputation for his fairness. He had a unique style of his own when it came to personnel matters. He advocated patience and restraint while dealing with people. He would often say "gone are the days when one could deal with employees strictly. Now you have to be flexible, considerate and fair".

Supervisor Madan

A young man of 25, Madan is always keen on meeting production targets. He took genuine interest in his job and handled all his assignments carefully. He is of the view that top management and especially the HR manager more often than not, might fail to back up supervisors in their efforts to bring about some discipline in the plant. He believed that complaints from supervisors are ignored by management and as a result, workers get encouraged to indulge in disruptive activities, adversely affecting production.

Balbir Singh

Balbir, a skilled worker, has recently been elected as the Joint Secretary of the Union. He holds leftist political views, though he is not a member of any political party. He is ambitious and wants to reach the top levels in union circles as quickly as possible. On Monday, Raju had hardly entered in his office when the supervisor Madan rushes in.

Madan: Sir, there is a great commotion in the section. No one is working. Even after repeated requests, workers have not stopped the shouting and hooting. Sir, please come to the shop and see for yourself the extent of indiscipline that has become rampant.

Raju: Madan, take your seat. Tell me the truth. I will come to the shop floor if you so desire. But first tell me why you are so much upset.

Madan: Sir, you know, Balbir, the joint secretary of the union, was loitering around and not attending to his machine. I called him and told him to go to his machine and start it.

Raju: Then what happened?

Madan: Balbir retorted quickly, "Do not shout at me. Your lung power does network here. Even your bosses cannot order me about like that. What are you, after all?" Many workers gathered around and witnessed the scene.

Raju: O.K. Now please go to your section. I will ask Balbir to come immediately.

Balbir: Sir, you wanted me to see you? What is the purpose?

Raju: Please sit down. What would you have? Tea or coffee? (Presses the buzzer).bring two cups of tea. (After the tea has arrived)-Do you need more sugar?

Balbir, tell me now why are you after Madan? He is a sincere and hardworking young supervisor and you should cooperate with him.

Balbir: Sir, first listen to me and then decide. This Madan has run amuck. Kalka Chokra, he thinks he is Hitler. This morning the security staff did not allow two workers of my section in. Somehow I came to know. I left the section and went to see the security officer. With Great difficulty I managed to get the two workers punch their cards and join duty. On my return I saw Madan fuming and fretting. In a derogatory tone he started shouting at me. When I could stand into longer I also raised my voice and told him to go and report against me.

Raju: Look! Balbir you are a responsible union official. You should not have created the scene. After all a supervisor has to ensure discipline. I am sorry you have set a bad example for other workers. How do you want me to proceed?

Madan is very sore at being insulted in the presence of so many workers. I have to do something so that such incidents do not occur again.

QUESTIONS

  1. Who is at fault and why?

Ans

After hearing the problems of both employees, even though Madan was at first rude with Balbir but still then it was the fault of Balbir.

As Madan entered the office, Balbir should have discussed the matter with him very politely. Though Madan was a supervisor of the company, he always has to look that everything in the company is going perfect or not. He always wanted to maintain discipline in the company.

Though he was unaware regarding the problem and that’s why he shouted on Balbir. But on the other side, Balbir a skilled worker, made him feel insulted in front of all the workers. He set a bad example infront of all the workers. Instead of shouting back on Madan, he should have responded and explained the matter to Madan in a very polite manner. Therefore, it was the fault of Balbir.

 

 

  1. Do you think unionized employees require a different kind of treatment on matters relating to discipline?

Ans

Obviously yes.

After seeing the matter that took place in the company, some steps should be taken to maintain the disciplines in the company.

Proper training should be given to all employees in the company.

They should be taught the mannerism in the company but in a peaceful manner.

They should be taught how to cope up with other employees.

They should be taught how to handle the situation in a peaceful manner rather than fighting.

Other factors should also be taken so that this mishappening doesn’t occur in the company again and again.

 

 

  1. What should Raju do now to check both Madan and Balbir from going to the street future?

Ans

Avoiding this kind of situation in the company again, Raju should give them a last chance to improve themselves. Though the mishappening that took place was not right for the company and it could even spoil the company’s image, so Raju must keep an eye on both of them and should give them the last chance to improve themselves and also warn them if they did it again, they will be fired from the job.

Secondly, Raju should give them the training after seeing the incident that took place.

 

 

 

Assignment - C

  1. In the beginning of industrial revolution, with regard to settlement of industrial disputes, the Government believed in:

(a) Direct interference

(b) Laissez faire policy

(c) Adjudication machinery

(d) Arbitration machinery

 

 

 

  1. Which of the following, according to section 2 (K) of the Industrial Disputes Act, 1947, is not treated as Industrial Dispute?

(a) Any dispute or difference between workmen and workmen

(b) Any dispute or difference between employers and employers

(c) Any dispute or difference between Central Govt. and State Govt.

(d) Any dispute or difference between employers and workmen

 

 

 

  1. Which of the following is not a part of Conciliation Machinery for the settlement of industrial disputes under the Industrial Disputes Act, 1947 (as amended up to date)?

(a) Courts of Enquiry

(b) Industrial Tribunals

(c) Board of Conciliation

(d) Conciliation Offices

 

 

 

  1. Which of the following is not a part of Adjudication Machinery under the Industrial Disputes Act, 1947 (as amended up to date)?

(a) Labour Courts

(b) Courts of Enquiry

(c) National Tribunals

(d) Industrial Tribunals

 

 

 

  1. Which of the following is not a part of machinery for the settlement of industrial disputes under the Industrial Disputes Act, 1947 (as amended up to date)?

(a) Compulsory Arbitration

(b) Conciliation Machinery

(c) Ad justification Machinery

(d) Voluntary Arbitration

 

 

 

  1. Which of the following is not the measure to prevent industrial disputes?

(a) Code of conduct

(b) Code of Discipline

(c) Collection Barging

(d) Voluntary arbitration

 

 

 

  1. Which of the following statements is not correct?

(a) Grievance redressal procedure need not have any prescribed time framework for redressed of grievances.

(b) Grievances redressal procedure should be acceptable to all.

(c) The official grievances handler should have undergone the desired training

(d) The Grievance redressal procedure should be reviewed from time to time.

 

 

 

  1. The Grievance Committee should give its decision regarding the redressal of the grievance within (as per Model Grievance Procedure):

(a) 48 Hours

(b) 7 Days

(c) 3 Days

(d) 10 Days

 

 

 

  1. Which of the following is not an internal cause of indiscipline?

(a) Avoidance of Redressal Grievance (by the Management)

(b) Personal Factors

(c) High rate of inflation

(d) Lack of code of conduct

 

 

 

10 Which of the following is not a step in the disciplinary process?

(a) Show-cause notice

(b) Dismissal

(c) Preliminary investigation

(d) Follow up

 

 

 

  1. Which of the following statements is not correct?

(a) Disciplinary action should be administered by the top management

(b) There should be normal attitude towards the employee after disciplinary action.

(c) Disciplinary action should be taken in private

(d) There is a need of consistency in the administration of disciplinary action.

 

 

 

  1. Which of the following statements, as per trade union Act, 1926, is not relevant with regard to trade union?

(a) A trade may be formed for regulating relations between employers and employers.

(b) A trade may be formed for regulating relations between workmen and workmen

(c) A trade may be formed for regulating relations between workmen and employers

(d) A trade union may be formed for lifting restrictive conditions on the conduct of any trade or business.

 

 

 

  1. Function of the trade union do not include:

(a) Fraternal functions

(b) Intra-mural functions

(c) Ancillary functions

(d) Technological functions

 

 

 

  1. Trade union do not play the role of:

(a) Liaisons maker

(b) Disseminator of information

(c) Legal advisor

(d) Change agent

(e) Arbitrator

 

 

 

  1. All India Trade Union Congress (AITUC) was formed in:

(a) 1915

(b) 1920

(c) 1925

(d) 1942

 

 

 

  1. Bhartiya Mazdoor Sangh (BMS) was formed in:

(a) 1945

(b) 1955

(c) 1960

(d) 1962

 

 

 

  1. ´ Labour Movement´ is started by:

(a) Workers themselves

(b) Government

(c) Employees

(d) Outsiders like philanthropist etc.

 

 

 

  1. The Trade Unions Act was passed in:

(a) 1921

(b) 1926

(c) 1936

(d) 1947

 

 

 

  1. Which section of the Trade Unions Act, 1926 defines the term "Trade Union"?

(a) Section 2(h)

(b) Section 2(k)

(c) Section 1(c)

(d) Section 1 (l)

 

 

 

  1. Which is not one of the characteristics of a trade union?

(a) Every registered trade union is a statutory body

(b) Every registered trade union has a perpetual succession

(c) Every registered trade union has a common seal

(d) Every registered trade union is a body corporate

 

 

 

  1. Under the provision of the Trade Unions Act, which of the following statements is not correct?

(a) The minimum numbers required to form a trade union is seven

(b) Getting a trade union registered is mandatory

(c) Employers can also form their trade unions

(d) Section 5 of the Trade Union Act, 1926 requires that every application for registration mustbe sent to the Registrar of Trade Unions

 

 

 

  1. The institutions of Work Committees were provided in the year:

(a) 1942

(b) 1947

(c) 1952

(d) 1953

 

 

 

  1. Which of the following is not true in the case of the 1975-Scheme of Workers´ Participation in Industries:

(a) Has no legal sanction

(b) Provides that the Shop Council should be set up at floor levels

(c) Provides that the Joint Council should be set up at Plant Level

(d) Does not provide for its implementation through executive action

 

 

 

  1. Which of the following statements is not true in the case of the 1983-Scheme of Workers´ Participation? In Management?

(a) The Scheme is applicable to all public sector undertakings

(b) A few enterprises have implemented the Scheme at Board level

(c) The Scheme has no legislative backing

(d) The State Governments and Private Sector enterprises have also been asked to implement the Scheme

 

 

 

  1. Which of the following statements with regard to the Scheme for appointing

Workers´ representative in the Board of Management, is not true?

(a) It provides for a workers´ representative in the Board of Management

(b) It is from of the panel of names of three persons submitted by the recognized Union that only one person is selected by appropriate authorities for nomination as Director

(c) A person for being eligible for nomination should have attained the age of at least 40 years

(d) Such a person should have a minimum of 5 years´ service in the undertaking

 

 

 

  1. Which of the following is not a part of ´Negotiation Stage´ of collective bargaining?

(a) Identifications of problem

(b) Collective Bargaining Agreement

(c) Contract Administration

(d) Negotiations Agreement

 

 

 

  1. Which of the following is not a part of ´Preparation for Negotiations´ in connection with collective bargaining?

(a) Constitution of Negotiating Teams

(b) Collective bargaining Agreement

(c) Data Collection

(d) Bargaining Power

 

 

 

  1. Which of the following is not a part of ´Negotiations of Agreement´ in connection with collective bargaining?

(a) Haggling bargaining

(b) Intermittent bargaining

(c) Boulwarism bargaining

(d) Continuous bargaining

 

 

 

  1. Which of the following is not one of the causes for limited success of collective bargaining in India?

(a) Weak and multiplicity of unions

(b) Inadequate support from the management for collective bargaining

(c) Difficult accessibility of adjudication

(d) Lack of strong efforts from the Government

 

 

 

  1. Which of the following is not a role of collective bargaining?

(a) Promoter of industrial peace

(b) Spokes person of employers

(c) Bargainer

(d) Believer in the policy of ´give and take´

 

 

 

  1. Which of the following is not a feature of collective bargaining?

(a) It is a static and rigid process

(b) It is a group action

(c) It is s continuous process

(d) It is an advanced form of human relations

 

 

 

  1. Which of the following is not the objective of industrial relations?

(a) To promote general welfare of the employees

(b) To enhance labour turnover

(c) To improve productivity of the organization

(d) To improve industrial democracy through WPM

 

 

 

  1. Which of the following sections of the Trade Unions (Amendment) Act, 1947(though not enforced) permits the registered Trade Union whose recognition is withdrawn under sub-section (3) of section 28 G to make an application for-recognition after six months from the date of withdrawal of recognition?

(a) Section 28 H

(b) Section 28 D

(c) Section 28 G

(d) Section 28 I

 

 

 

  1. Which of the following is not a pre-requisite to collective bargaining?

(a) Freedom of Association

(b) Registration of Trade Unions

(c) Recognition of Trade Unions

(d) Strong and stable Trade Unions

 

 

 

  1. The Industrial Employment (Standing Orders) Act, applies to every industrial establishment employing:

(a) 50 and more workmen

(b) 100 or more workmen

(c) 20 or more workmen

(d) 10 or more workmen

 

 

 

  1. The Minimum Wages Act was passed in:

(a) 1936

(b) 1948

(c) 1952

(d) 1947

 

 

 

  1. The Employees State Insurance Act was passed in:

(a) 1948

(b) 1947

(c) 1952

(d) 1951

 

 

 

  1. The payment of Wages Act, 1936 deals with:

(a) Fixation of minimum wage

(b) Permissible deduction from the wages

(c) Minimum Leave the employee can avail

(d) Payment of Gratuity at the time of retirement

 

 

 

  1. The Employees Provident Fund & Misc Provisions Act was passed in:

(a) 1952

(b) 1948

(c) 1947

(d) 1972

 

 

 

  1. Lock-out is declared by:

(a) Trade Unions

(b) Government

(c) Management

(d) Political parties

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