CS Professional June 2025 Question Paper Labour Laws and Practice

FOR CS PROFESSIONAL EXAM PREPARATION

CS Professional 2025
Question Paper · Labour
Laws and Practice
EXAM YEAR TYPE SUBJECT

CS Professional 2025 Question Paper Labour Laws and Practice
DATE

June 2025

Notes · Sample Papers · Previous Year Papers · Mock Tests

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NEW SYLLABUS
553
Roll No. ..................................... : 1 : OPEN BOOK EXAMINATION

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Time allowed : 3 hours Maximum marks : 100

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Total number of questions : 4 Total number of printed pages : 8

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NOTE :a Answer ALL Questions.

1. Case Study
Air Noise Company Private Ltd. was suffering continuous losses as there was no work for
employees for a long period. Considering the condition that there is no sufficient work for

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many of the employees, the company retrenched its 297 employees.

m . 25F of the Industrial Disputes Act, 1947
eAttender, Transmission and Engineering. The Company
The retrenchment was carried out under Section

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l of 297 employees and the retrenchment letters were
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for three categories of employees namely

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issued notices notifying retrenchment
sent to the last known addresses of the employees by registered post citing reasons for
retrenchment. The retrenchment letters were uploaded on the website of the Company and
were pasted at the prominent places of each office of the Company. Each retrenchment
letter had details of payment of notice pay and retrenchment compensation with the basis

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of calculation and the notice pay and retrenchment compensation were transferred in the bank

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c. o approach the company along with the relevant forms in case of anyseinadvertent
account of each of the retrenched employees. The retrenched employees were requested to
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em athe prescribed form along
calculation

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la with necessary formalities in compliance of Section 25F of a
error. The Company also notified the Appropriate Authority in

ag the Industrial Disputes Act. The
Company also displayed the notice giving the Seniority List of three categories of employees
in compliance with Section 25G read with Rule 77 of the Industrial Disputes Act and it
has strictly followed the principle of last come first go in the process of retrenchment. In

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the retrenchment letters, it was categorically mentioned that in case of re-employment the
Company shall comply with Section 25G read with Rule 78 of the Industrial Disputes Act,
78 retrenched employees have accepted their retrenchment and have also withdrawn their
gratuity amount.
The Employee Union of the Company has filed writ petition challenging the retrenchment
of 297 employees on various grounds that the Company is amenable to writ jurisdiction
as it satisfies the public function test.
(a) Decide on the maintainability of the writ petition in brief. (Cite relevant case laws
also, if applicable).
(b) The scope and ambit of Section 2 (oo) relating to retrenchment is well explained
in the case of Santosh Gupta vs. State Bank of Patiala (1980) Lab.I.C.687 SC),
discuss.
(c) Whether the labour court or tribunal, when adjudicating a matter, can go beyond
the scope of its reference under the Industrial Disputes Act ?
(d) Some of the workers of a company indulged in cessation of work in the support
of the demands of workmen belonging to other employer. Whether such cessation
of work will amount to a strike ? Discuss its legal validity.
(e) There are certain establishments to which scheduled Act applies, are exempted from
furnishing or maintaining of returns and registers required under certain labour laws.
Name and define these establishments. Also discuss the provisions relating to exemption
from furnishing or maintaining of returns and registers by small and very small
establishments.
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2. (a) Mihir Sen was in service of Sona Motors India Private Ltd (Sona Motors) during

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the period 2006 to 2014. Sona Motors decided to post him on a foreign assignment
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.co company, Mona Motors (Japan). Accordingly, an Agreement of Assignment
with its group
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s em of Appointment was executed between Sona Motors and Mihir gSen, l a by
lawhich his services were placed with the Host Company, Mona Motors (Japan)
of Contract

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a 1st March 2014 wherein Mihir Sen continued to work in terms of the said agreement
upto 25th June 2022 when he came to be relieved by the host company, consequent
to the resignation tendered by him on 5th April 2022.
Sona Motors declined to treat Mihir Sen’s connection with Sona Motors after he
was assigned to the Host Company for the purpose of payment of Gratuity.

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Decide with the help of case law, whether transfer of Mihir Sen to another company

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under same management, i.e., Mona Motors (Japan) will be considered as continuity

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of service for payment of Gratuity

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(b) A complaint under the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 was filed by Ms. Shanti against Om, who was
working as the General Manager of the Company in Mumbai. The complaint was
referred to the Internal Complaint Committee (ICC), constituted by the Company.
The ICC, upon analysing the complaint, came to the conclusion that the relationship

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. not substantiated
between Shanti and Om were based on personal grounds with mutual consent and

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that the allegations of sexual, emotional and mental harassment were
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s em by Shanti.
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gla Accordingly, the complaint against Om was rejected by
a ICC. However, the ICC
a observed that the behaviour of the parties had been inappropriate and unbecoming
of Officers/Employees of the Company and accordingly recommended the Competent
Authority to take suitable action against the Parties, as deemed fit.

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Based on the report from ICC and certain other facts which the Company had
ascertained out of the various communications between Om and Shanti, a charge-
sheet was served upon Shanti, under Employees’ (Discipline & Appeal) Regulations
of the Company. Aggrieved by the Charge Sheet, Shanti preferred a petition :
(i) Decide the validity of recommendation by ICC and consequent charge sheet
to Shanti.
(ii) ‘Moral Policing’ is not the job of the Management or of the Internal Complaint
Committee. Discuss with the help of any case law.
(c) Prasanna Kumar, the respondent was appointed as a Personnel Officer of the appellant
company. His services were confirmed after satisfactory completion of probation. It
was provided in the terms of employment that the services of the respondent could
be terminated with a month’s notice or salary in lieu thereof. On 10th October 2020
the employment of the respondent was terminated by giving a month’s salary in lieu
of notice. The respondent challenged the legality and validity of the order of termination
by filing a writ petition before the High Court.
The respondent contended that he was assured at the time of appointment by the
General Manager that he would be promoted as Assistant Manager (Personnel) after
confirmation and his pay would be fixed accordingly. But after confirmation, his salary
was not increased as per the assurances given. Since he insisted for implementing
the assurances, his employment was unjustly terminated on 10th October, 2020. The
respondent also held a contention that by virtue of his appointment as Personnel Officer
he had to look after the welfare of the labours employed in the factory. Accordingly,
his appointment must be considered to be statutory appointment under the Provisions
of Factories Act, 1948. In view of this, as per the Act and rules made there under
termination cannot be made without the concurrence of the Labour Commissioner.
As such the said termination is illegal and void.

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Answer the following questions based on the above facts :
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(i) Whether the appointment of Prasanna Kumar could be considered as Labour

c. o Officer and termination thereafter as invalid ?
Welfare
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(ii)
Have they been complied with in this case ?
3. (a) The relevant provisions of the Conduct, Discipline & Appeal Rules (CDA Rules) of
the company, contain a deeming provision of continuation of employment to enable
dismissal from service even post superannuation. The subject CDA Rules provide that

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inquiry could be held in the same manner as if the employee had continued in service

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and the appropriate major and minor punishment commensurate to guilt can be imposed
including dismissal and in case m
s e pecuniary loss had been caused, that can also be
recovered.
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l decide whether an employer is permitted to withhold
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In the above given circumstances,
gratuity during the pendency of disciplinary proceedings against a superannuated
employee ?
(b) Ramu was working as a driver. Once driving his Bus along with conductor on his

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assigned route during peak traffic hours, when driving remains a stress, Ramu informed

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. Officer declared
the conductor that he is feeling chest pain and unable to run the bus. Immediately

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the Conductor took Ramu to Government Hospital, but the Medical

s em him dead due to heart attack.
g lawork can be considered to
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Whether the death of Ramu caused due to stress from
be death of an employee due to injury by accident arising out of and in the course
of employment ?

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(c) As to the matters relating to payment of wages, its fixation and enforcement, who
can file an appeal under the Code on Wages, 2019 and state the time limit for
preferring an appeal to the appellate authority.
(d) As a compliance officer, the Company Secretary has to ensure various provisions
under Labour Codes. Discuss.
(e) PTR, an industrial unit in Ludhiana was established in the year 2002 under the Companies
Act. They are into the business of manufacturing electronic goods and allied products
and have 226 employees. PTR is discriminating employees in wage payment based
on the gender. What are the provisions relating to equal remuneration in Code on
Wages, 2019 ? Discuss.
4. (a) Can a court interfere in respect of a notification fixing the minimum wages ? Discuss
citing relevant case laws.
(b) Rohit was a regular conductor working with the State Road Transport Corporation
(SRTC). He died on 18th October 2013 while in service. Krishna, son of Rohit
was a minor at that time. On attaining the age of majority i.e. 18 years on 10th
July 2018 and having acquired the educational qualification of high school and intermediate,
his mother, moved an application seeking compassionate appointment for him under
the State Recruitment of Dependents of Government Servants Dying in Harness Rules.
Vide letter dated 19th October, 2020, the SRTC informed that in connection with
her application for compassionate appointment, the corporation has decided to appoint
Krishna on preferential basis as a contract conductor and he was requested to deposit
a security amount of ` 10,000/-. Krishna submitted the security deposit and entered

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into an agreement with the SRTC on 12th December 2020 to function as a contract

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conductor. During his service as contract conductor, he was found guilty of misconduct.

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As he was o a Contract Conductor, his services were terminated on 30th January,
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e the services of a contract employee be terminated without holding any disciplinary
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without holding any disciplinary enquiry.

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Whether
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(c) XYZ is a registered partnership firm running a small readymade garment’s shop at
Raipur, which was registered under M.P. Shops and Establishment Act, 1958. On
12th March, 2021, establishment of the firm was inspected by the Insurance Inspector,
E.S.I., Raipur. Considering 17 persons employed by the firm for the work of alteration

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‘‘manufacturing process’’ as per the. definition of E.S.I. Act, 1948. ESI Authorities
of cloth and ironing in the premises of shop, the ESI Inspector reported it as

e m2021 held that the shop of the firm comes under
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vide their order dated 27th April

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the coverage of provisions contained in E.S.I. Act, 1948, as the premises of the
firm comes under the definition of factory as per Section 2(12)(a) & 2(12)(b) of
the E.S.I. Act, 1948.
Decide whether the activity of selling of readymade garments and its alteration can
be considered as ‘‘manufacturing’’ under the definition of E.S.I. Act 1948 and whether
the premises of the shop of the firm XYZ comes under the definition of ‘‘factory’’

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as per E.S.I. Act 1948 ?

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The need for protecting and safeguarding interest of labour as human beings has been

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a various labour laws ensure
enshrined in various Articles of Constitution of India giving

ag under which labour had to be for work. Accordingly,
the right to life and personal liberty and right against exploitation to labours. Discuss
briefly.

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(e) Popsco Ltd. is a Company engaged in manufacture and sale of textile goods, falling
within the purview of Employees’ Provident Fund and Miscellaneous Provisions Act,
1952. The workforce of the Company is around 1000, including two foreign Nationals.
The Company was remitting the provident fund contribution in respect of those foreign
nationals also. However, since the said two workers happened to be foreign nationals,
the company, Popsco Ltd. was under the impression that it was enough if the company
pays the contribution on wage ceiling of ` 15,000/- alone. The company had adopted
this approach in view of Paragraph 2 (f) of the Employees’ Provident Fund Scheme,
1952, which defines an excluded employee as an employee whose pay at the time
exceeds ` 15,000/- per month.
The Regional Provident Fund Commissioner (RPFC) brought to the notice of the
Company that it ought to have remitted the contribution based on their entire pay
of these two employees also and therefore, the Company has erred in remitting
contribution on the wage ceiling of ` 15,000/- alone. Based on the notice by RPFC,
the Company not only made good the shortfall in the contribution, but also the interest
thereon. However, RPFC wanted to penalize Popsco Ltd. under Section 14B of the
Act.
Discuss with respect to the legal provision and offer your comments.

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