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Ms-28 june 2007

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MS-28   June-2007

MS-28 : LABOUR LAWS

1.. The Fundamental Rights and Directive Principles of State Policy are the backbone of industrial jurisprudence in India. Elucidate.

2. Attempt any two of' the following :

(a) What arethe provisions regarding hours of work and annual leave with wages under the Factories Act, 1948 ?

(b) What are the provisions regarding health and welfare under the Plantations Labour Act, 1951 ?

(c) What are the salient features of the Child Labour (Prohibition and Regulation) Act , 1986 ?

3. What is a "trade union" under the Trade Unions Act, 1926 ? Discuss in brief the provisions for General Fund (Section 15) and Political Fund (Section 16) under the Act.

4. What is the procedure for obtaining registration by the employer and licence by the contractor under the Contract Labour (Regulation and Abolition) Act 1970 What are the obligations of the principal employer under the Act ?

5. a) Who is an "employee" under the Employees' State Insurance Act, 1948 ?

   b) Which are the establishments covered by the Act ?

   c) What are the benefits payable under the Act ?

6. Attempt any two of the following :

(a) What are the functions of the authorities under the Industrial Disputes Act , 1947 ?

(b) What are the provisions regarding strikes and lockouts under the Industrial Disputes Act ?

c) What is the procedure for fixing and revising minimum wages under the Minimum Wages Act, 1948 ?

7 write short notes on any three of the,following :

(a) Procedure for certification of standing orders under the Industrial Employment (Standing Orders) Act, 1946.

(b) Objectives of labour laws

(c) Welfare measures under the Factories Act, 1948

(d) Equal Remuneration Act, 1976

(e) Notice of change (section 9-A of the I.D. Act)

Read the case below and answer the questions given at the end of the case.

Lakshmi Manufacturing Company is a registe red factory employing 600 people. It produces spare parts for cars and scooters. Its security staff at the gate are very

rigid in checking people/vehicles going out of the works to prevent any theft of the company's material. On June 20, 1995, Prakash, material chaser, Services Department, went to the Stores Department to draw 10 new GEC electric switches

(15 amps each) for sorne urgent breakdown job. Prakash drew the material at about 11.00 a.m. and kept the same in his hand bag and put it on the cycle handle. Ther eafter, he came to the Co-operative Credit Society office to enquire about his loan application. He suddenly remembered at 11.30 a.m. his urgent work at the post office (which is situated just outside the works gate), so that he could write and post an urgent letter and therea fter go to his department which is situated at a distance of about one km from the Stores Department. The distance between the Stores Department and the Works gate is about 50 metres

Prakash works in general shift, i.e. from 7.00 a.m. to 11.30 a.m. and from 12.30 p.m. to 4.00 p.m. The lunch break is from 11.30 a.m. to 12.30 p.m. and during this period, workers are allowed to go out of the works. Prakash, like many others, arranged with a person to get his tiffin-carrier from home to his department every day at 11.45 a.m., or payment of a nominal amount every month. On June 20 also, his tiffin-carrier had come with his lunch as usual. At 11.35 a.m., there was. a telephone call to Mahesh Kumar, Manager Services Department from the Security Inspector Ramanand that one Prakash T.No. 321 has been caught red-handed at the works gate while trying to go out of the works with 10 new GEC electric switches belonging to the company. The two security staff who detected the attempted theft were Ramadhin and Trilochan. The materials were kept in a bag hanging from the cycle handle of Prakash.

After the incident, a preliminary enquiry was held, when Prakash confessed in writing that by mistake he was carrying the switches as he intended to come back to his department after his urgent work at the post office. As per procedure for drawing materials in the Services.

   Department, on the basis of a written instruction in the Log Book from the supervisor, material chaser is supposed to prepare the material requisition after entering the details himself in the Materials Requisition Register. After getting the Requisition signed by the supervisor and the departmental head, he is supposed to go to the Stores Department to draw the material. If the materials are heavy, he has to arrange for a transport. For small items like switch, fuse etc. Prakash himself carried the same to the department. Thereafter, he is supposed. To hand over the material to the supervisor and obtain his signature in the Materials Requisition Register. On checking the entries in the Log Book as well as in the Materials Requisition Register after the incident, it was found that Prakash had correctly entered ten pieces GEC electric switches (15 amps each). As per standing order No. 17 (iii) of the Company's certified Standing orders, "Theft, fraud or dishonesty in connection with company's business or property" is a misconduct warranting dismissal as per Standing Order No. 18. The rules also provide that the manager can issue a charge-sheet and also punish with dismissal any employee of his department who is alleged to have committed an act of misconduct.

Questions :

(a) Advise the manager, Services Department on the steps required to be taken in this case.

(b) Assuming that a domestic enquiry is to be held, suggest various steps of enquiry, in detail.

(c) Suggest what positive measures are to be taken by the company for maintaining and promoting sound industrial discipline.

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