DU SOL M.Com Question Paper 2nd Year 2018 Sem 4 Industrial Law

[This question paper contains I printed parges]
Your Roll No.
Sl. No. of Q. Paper +o99 c
Unique Paper Code MN-442
Name of the Course M.COM.
Name of the Paper Industrial Law
Semester IV (NC)
fime : 3 Hours Maximum Marks : IOO
Instructions for Candidates :
(a) Write your Roll No. on the top immediateiy
on receipt of this question paper.
(b) All questions carry equal marks.
(c) Credit will be given for answer supported
by case laws, if any.

1. Answer the following queries citing case law, if
any. Each carry equal mark. Ix2O=20
(a) What are the three main obiectives of
Factories Act 1948 ?

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{bl W}-rethcr ti-re trstablishments providing
Consuitanc-r,' sen,ices wili be covered under
thr' trSI :rr;t 1948.
(c) Whcarrhcr Home rvorker is employee under
trPF &, MP Act t9S2 ?
(cl) What is the difference between contributiorr
pcriod and benefit period ?
(e) Whether Director of a company is employee
under EPF & Mp Act IgS2 ?
(l) Whether partners of firm are employee
under EPF & Mp Act. I9S2 ?
(g) What are the monthly contribution rates of
employer to different schemes under EpF
& MP Act, 1952 ?
(h) Whether the publication and press
department of a University is a Factorv
under Factory Act 1948 ?
(i) State the Administrative agencies under the
Factories Act. 1948.
U) What are the weekly hours of work in a
factory under the factories Act. Ig4g ?

(k) Whether home workers rolling beedis at
home are employees under the ESI Act
1948?
(1) Whether Cinemas & Theatres are covered
under the ESI Act. 1948 ?
(m) Which authority enforces the Factories Act
1948 ?
(n) Whether EPF & Mp act, tg12 applies to
Newspaper Establishment ?
(o) Whether an advertising agency is a shop
to attract the applicability of the ESI Act
1948 ?
(p) Can an employee insured under ESI Act
7948 claim compensation under Workmen's
Compensation Act, 1923 ?
(q) Is the salt making in open fields a
manufacturing process ?
(r) Whether the use of LpG in the resraurants
will be treated as use of power under ESI
Act, 1948 ?

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{s) Whether the Conversion of
high voltage
electricity to low voltage
is manufacturing
process under Factories
Act, 1g4g ?
(t) What are the wings of ESIC
?

OR
(a) Briefly explain the
salient featugres of
Pension scheme and Deposit
link Insurance
scheme under EpF & Mp
Act, IgS2. 10
(b) Explain the provisions
of the ESI Act. 1g4g
relating to the Emproyees
state Insurance
Fund and the purpose for
which it may be
used.
10
2. (a) Define the concept ot
manufacturing
process, worker and factory
under the
Factories Act, 194g.
10
(b) Explain the provisions ESI
Act, Ig4g
relating to the powers and
duties of ESI
corporation and Medical
Benefit Council.
10

OR
(a) Differentiate between - (i) Lay-off and Lock
out and (ii) Closure and Lock out' . . 10
(b) An electrician who had to go frequently
to
a heating room from cooling Plant'
contracted pneumonia, which resulted in
his death. If the dependents of the deceas'ed
workmen were entailed compensation
under the Workmen's compensation Act'
rg23 ? s

(c) Bipul Gogoi was appointed as a driver of a
vehicle bearing registration no' As-O9 12289
by the thrid respond'ent' He reported to his
duff at about 9.30 am on 09'10'1996' He
was since then not heard by the members
of his family or by his employer' The vehiele
was not traced. No dead bodY found'
Whether the said Bipul Gogoi is dead or
alive is not certain. Provide the judgment
under Workmen's compensation Act and
decide whether compensation was entitled
undere the act. Cite the case' 5

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3. (a) Discuss the provision relating to Payment
of Gratuity. Under what situation Gratuity
can be forfeited ? 10
(b) Discuss the provisions of Factories Act,
1948 relating to Employment of Young
Persons. 10
OR
(a) The employee was assaulted at the bus stop
while he was waiting for the bus to his house.
Can the injury, which the employee in this
case sustained due to the assault of
strangers on his way to his house from the
factory, be said to have its origin in the
employment as per the ESI Act, L948 ? 5
(b) On inspection of the premises, the
enforcement officer of PF Organizatton
found the strength of employees to be 22
which included 3 directors of the company
who get remuneration from the company.
He recommended that the respondent that
the respondent company by covered by the
EPF Act. The respondent company
challenged the coverage. Decide. 5
(c) you treat the following as'workmen'
' "Would
under the Industrial Disputes Act, L947 ?
Cite cases, if any.
(i) Ex-employees

(ii) Teachers
(iii) Malis employed by mill for looking after
garden attached with officer bungilows
which are situated in mill's colony.
(iv) Persons employed mainly in managerial
and administrative capacity.
(v) Employed in police service or as an officer
or other emplyee of a prison.
(d) A union of the dock workers demanded
higher wages for its members from the mill_
owners. But the mill owners contented that
they could not pay higher wages drre to
cutthroat competition from crofters whb
wove yarn imported from nearly island. At
this the union asked the memiers not to
handle such yarn or cloth made out of it. It
injured the trade of many producers cif
tweed who were using imported yarn. They
brought action against the union officials
for tort of conspiracy. If the union officials
were liable ? 5
4. (a) Discuss the provisions relating to
Registration and Cancellation of
Registration of Trade Union under Trade
Unions Act, L926 l0
(b) Explain the Provisions of the Employees
State Insurance Act, I94g relating to tne
Employees State Insurances Court. 1O

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OR
(a) Differentiate between Employee's
compensation Act, !923 and ESI Act 1948'
10
;(b) Discuss the provision of the EPF & MP Act'
Lg52 relating to constitution composition
and functions of the Central Board' 10
5. Write short notes on any four of the following :

(i) The provisions relating to Illegal strikes and
lock outs.
(ii) Commissioner under Workmen's
ComPensation hct, 1923
(iii)General Funds under Trade Union Act, 1926
(iv) Trade Union Act Vs. Industrial Disputes
$"t.
(v) Inspectors in the Factories Act, 1948'
(vi) Privileges of Registered Trade Union'

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