Download GTU (Gujarat Technological University) MBA (Master of Business Administration) 2019 Summer 4th Sem 3549932 Management Of Industrial Relations And Labour Laws Mirll Previous Question Paper
Seat No.: ________ Enrolment No.:___________
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA (PART TIME) ? SEMESTER 4 ? EXAMINATION ? SUMMER 2019
Subject Code: 3549932 Date: 06/05/2019
Subject Name: Management of Industrial Relations and Labour Laws (MIRLL)
Time: 10:30 AM To 01:30 PM Total Marks: 70
Instructions:
1. Attempt all questions.
2. Make suitable assumptions wherever necessary.
3. Figures to the right indicate full marks.
Explanation of Terms/Concepts with Examples (2 Marks Each): Marks
Q. 1.
a) Workers Participation in Management
b) Contract Labour
c) Lock out
d) Collective Bargaining
e) Types of Discipline
f) Trade Union
g) Grievance Handling
14
Q.2 (a)
Define Industrial Relations and explain the different factors affecting
industrial relations?
07
(b) Explain the factors influencing the collective bargaining process? 07
OR
(b)
Explain Works Committee, the composition and functions of works
committees and the causes of their limited success?
07
Q.3 (a)
Discuss the salient features of Sexual Harassment of Women at
Workplace?
07
(b)
Explain the importance of standing orders in Indian industry and the
need for giving them a statutory force?
07
OR
Q.3 (a) Discuss the provisions of Welfare under the Factories Act 1948? 07
(b)
What do you understand by labour welfare and explain the various types
of labour welfare provisions?
07
Q. 4
Restrictions on strikes during emergencies
During the Second World War period, there was an unprecedented
increase in the demand for coal. At that time, the coal mines were
privately owned and their owners earned enormous profits as a result of
a substantial increase in the demand for coal. On the other hand, the
coalminers were facing unbearable hardships due to a sharp increase in
the prices of essential commodities. The Colliery Mozdoor Sangh, the
only trade union representing workers of the coal mines in Bihar,
demanded 100 per cent increase in wages, and 10 per cent bonus. The
colliery owners blatantly turned down the demands on the plea of
extraordinary situation prevailing in the country due to war. The union
then organized a strike which brought the production of coal in the state
to a complete halt.
The association of colliery owners offered some concessions, but the
union was adamant on the fulfillment of the demand in doing the same.
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Page 1 of 3
Seat No.: ________ Enrolment No.:___________
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA (PART TIME) ? SEMESTER 4 ? EXAMINATION ? SUMMER 2019
Subject Code: 3549932 Date: 06/05/2019
Subject Name: Management of Industrial Relations and Labour Laws (MIRLL)
Time: 10:30 AM To 01:30 PM Total Marks: 70
Instructions:
1. Attempt all questions.
2. Make suitable assumptions wherever necessary.
3. Figures to the right indicate full marks.
Explanation of Terms/Concepts with Examples (2 Marks Each): Marks
Q. 1.
a) Workers Participation in Management
b) Contract Labour
c) Lock out
d) Collective Bargaining
e) Types of Discipline
f) Trade Union
g) Grievance Handling
14
Q.2 (a)
Define Industrial Relations and explain the different factors affecting
industrial relations?
07
(b) Explain the factors influencing the collective bargaining process? 07
OR
(b)
Explain Works Committee, the composition and functions of works
committees and the causes of their limited success?
07
Q.3 (a)
Discuss the salient features of Sexual Harassment of Women at
Workplace?
07
(b)
Explain the importance of standing orders in Indian industry and the
need for giving them a statutory force?
07
OR
Q.3 (a) Discuss the provisions of Welfare under the Factories Act 1948? 07
(b)
What do you understand by labour welfare and explain the various types
of labour welfare provisions?
07
Q. 4
Restrictions on strikes during emergencies
During the Second World War period, there was an unprecedented
increase in the demand for coal. At that time, the coal mines were
privately owned and their owners earned enormous profits as a result of
a substantial increase in the demand for coal. On the other hand, the
coalminers were facing unbearable hardships due to a sharp increase in
the prices of essential commodities. The Colliery Mozdoor Sangh, the
only trade union representing workers of the coal mines in Bihar,
demanded 100 per cent increase in wages, and 10 per cent bonus. The
colliery owners blatantly turned down the demands on the plea of
extraordinary situation prevailing in the country due to war. The union
then organized a strike which brought the production of coal in the state
to a complete halt.
The association of colliery owners offered some concessions, but the
union was adamant on the fulfillment of the demand in doing the same.
Page 2 of 3
The government which was involved in the war took a serious note of
the situation and directed the parties to end the deadlock immediately.
As the directive of the government failed to end the strike, it wasted no
time in adding Rule 81A in the Defense of India Rules 1942 arming
itself with the power to refer any industrial dispute to an adjudication
authority whose award would be binding and prohibited strikes and
lock-outs during the pendency of the dispute before the adjudication
authority and during the period of operation of the award, the violation
of which was to be a penal offence. Soon thereafter, the strike was
called off and production of coal restored.
(a)
(b)
Why was there an unprecedented increase in the demand of coal during
the wartime?
Was it illegal for the Colliery Mazdoor Sangh to give a call of strike
during the war period?
07
07
OR
Q. 4 (a) Why did the government intervene in the dispute in the coal mines? 07
(b)
What were the implications of Rule 81A added to the Defence of India
Rules, 1942?
07
Q. 5.
Is an employee entitled to remain a member of a trade union even
after cessation of his employment?
A single Judge High Court ruled that an employee, who ceased to be an
employee of the Bokajan Cement Corporation Employees? Union, was
entitled to remain a member of the union. The Division Bench of the
High Court reversed the decision of the single Judge observing that the
right to continue as a member of trade union continues so long as he is
actually employed. The Court held that membership of a trade union is
not a benefit that accrues to the employee so as to claim its continuance
even after he ceases to be in employment. His right continues so long as
he remains employed, and on cessation of employment, membership of
the trade union ceases.
On appeal, the Supreme Court held that there is no specific provision in
the Trade Union Act, 1926 which provides for automatic cessation of
membership of the trade union on the cessation of employment of an
employee. There was also no specific clause in the constitution of the
union which provided for such an automatic cessation. The constitution
of the union has inter alia to comply with Sec. 6(e) of the Act which is
concerned mainly with the admission of new members. Section 6(e) of
the Act requires that the rules of the trade union should contain
provisions relating to ?the admission of ordinary members who shall be
persons actually engaged or employed in an industry with which the
Trade Union is connected, and also the admission of the number of
honorary or temporary members as office-bearers to form the executive
of the Trade Union?.
The Supreme Court held that in absence of any provision in the
constitution of the trade union for automatic cessation of membership as
a result of cessation of employment, it cannot be held that an employee
would cease to be a member of the trade union in such an eventuality.
The Supreme Court thus reversed the judgement of the division bench
of the High Court and restored the judgement of the single Judge Court
(Bokajan Cement Corporation Employees? Union V. Cement
Corporation of India Limited, 2003 Indian SC 1422 (Supreme Court)).
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Page 1 of 3
Seat No.: ________ Enrolment No.:___________
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA (PART TIME) ? SEMESTER 4 ? EXAMINATION ? SUMMER 2019
Subject Code: 3549932 Date: 06/05/2019
Subject Name: Management of Industrial Relations and Labour Laws (MIRLL)
Time: 10:30 AM To 01:30 PM Total Marks: 70
Instructions:
1. Attempt all questions.
2. Make suitable assumptions wherever necessary.
3. Figures to the right indicate full marks.
Explanation of Terms/Concepts with Examples (2 Marks Each): Marks
Q. 1.
a) Workers Participation in Management
b) Contract Labour
c) Lock out
d) Collective Bargaining
e) Types of Discipline
f) Trade Union
g) Grievance Handling
14
Q.2 (a)
Define Industrial Relations and explain the different factors affecting
industrial relations?
07
(b) Explain the factors influencing the collective bargaining process? 07
OR
(b)
Explain Works Committee, the composition and functions of works
committees and the causes of their limited success?
07
Q.3 (a)
Discuss the salient features of Sexual Harassment of Women at
Workplace?
07
(b)
Explain the importance of standing orders in Indian industry and the
need for giving them a statutory force?
07
OR
Q.3 (a) Discuss the provisions of Welfare under the Factories Act 1948? 07
(b)
What do you understand by labour welfare and explain the various types
of labour welfare provisions?
07
Q. 4
Restrictions on strikes during emergencies
During the Second World War period, there was an unprecedented
increase in the demand for coal. At that time, the coal mines were
privately owned and their owners earned enormous profits as a result of
a substantial increase in the demand for coal. On the other hand, the
coalminers were facing unbearable hardships due to a sharp increase in
the prices of essential commodities. The Colliery Mozdoor Sangh, the
only trade union representing workers of the coal mines in Bihar,
demanded 100 per cent increase in wages, and 10 per cent bonus. The
colliery owners blatantly turned down the demands on the plea of
extraordinary situation prevailing in the country due to war. The union
then organized a strike which brought the production of coal in the state
to a complete halt.
The association of colliery owners offered some concessions, but the
union was adamant on the fulfillment of the demand in doing the same.
Page 2 of 3
The government which was involved in the war took a serious note of
the situation and directed the parties to end the deadlock immediately.
As the directive of the government failed to end the strike, it wasted no
time in adding Rule 81A in the Defense of India Rules 1942 arming
itself with the power to refer any industrial dispute to an adjudication
authority whose award would be binding and prohibited strikes and
lock-outs during the pendency of the dispute before the adjudication
authority and during the period of operation of the award, the violation
of which was to be a penal offence. Soon thereafter, the strike was
called off and production of coal restored.
(a)
(b)
Why was there an unprecedented increase in the demand of coal during
the wartime?
Was it illegal for the Colliery Mazdoor Sangh to give a call of strike
during the war period?
07
07
OR
Q. 4 (a) Why did the government intervene in the dispute in the coal mines? 07
(b)
What were the implications of Rule 81A added to the Defence of India
Rules, 1942?
07
Q. 5.
Is an employee entitled to remain a member of a trade union even
after cessation of his employment?
A single Judge High Court ruled that an employee, who ceased to be an
employee of the Bokajan Cement Corporation Employees? Union, was
entitled to remain a member of the union. The Division Bench of the
High Court reversed the decision of the single Judge observing that the
right to continue as a member of trade union continues so long as he is
actually employed. The Court held that membership of a trade union is
not a benefit that accrues to the employee so as to claim its continuance
even after he ceases to be in employment. His right continues so long as
he remains employed, and on cessation of employment, membership of
the trade union ceases.
On appeal, the Supreme Court held that there is no specific provision in
the Trade Union Act, 1926 which provides for automatic cessation of
membership of the trade union on the cessation of employment of an
employee. There was also no specific clause in the constitution of the
union which provided for such an automatic cessation. The constitution
of the union has inter alia to comply with Sec. 6(e) of the Act which is
concerned mainly with the admission of new members. Section 6(e) of
the Act requires that the rules of the trade union should contain
provisions relating to ?the admission of ordinary members who shall be
persons actually engaged or employed in an industry with which the
Trade Union is connected, and also the admission of the number of
honorary or temporary members as office-bearers to form the executive
of the Trade Union?.
The Supreme Court held that in absence of any provision in the
constitution of the trade union for automatic cessation of membership as
a result of cessation of employment, it cannot be held that an employee
would cease to be a member of the trade union in such an eventuality.
The Supreme Court thus reversed the judgement of the division bench
of the High Court and restored the judgement of the single Judge Court
(Bokajan Cement Corporation Employees? Union V. Cement
Corporation of India Limited, 2003 Indian SC 1422 (Supreme Court)).
Page 3 of 3
(a) Is an ex-employee of an industrial establishment eligible for being
elected as the president of the union of which he was a member
earlier?
(b) Is an ex-employee to be treated as an outsider for the purpose of
holding an office in a trade union?
07
07
OR
(a) Can the rules of a registered trade union provide for admission of
outsiders as members of the executive?
(b) Is the Registrar of Trade Unions empowered to terminate an
employee?s membership of a registered trade union for his
aggressive activities?
07
07
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This post was last modified on 19 February 2020