Download GTU (Gujarat Technological University) MBA (Master of Business Administration) 2016 Summer 3rd Sem 2830303 Management Of Industrial Relations And Labour Legislation Mir And Ll Previous Question Paper
Seat No.: ________ Enrolment No.___________
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA ? SEMESTER 3 ? EXAMINATION ? SUMMER 2016
Subject Code: 2830303 Date: 09/05/2016
Subject Name: MANAGEMENT OF INDUSTRIAL RELATIONS &
LABOUR LEGISLATION (MIR&LL)
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.
Q.1 a) 1. __________________ refers to all types of relationship between all the parties
concerned with industry.
06
a. Industrial Relations b. Human Relations
c. General Relations d. All of above
2. Structure of Trade Union is concerned with
a. On the basis of purpose b. On the basis of Membership
Structure
c. Both a & b d. None of these
3. Techniques to achieve the objectives of organization are:
a. Collective Bargaining b. Grievance Handling
c. Negotiations d. All of these
4. Which of the following are the non-economic cause of dispute?
a. Ill treatment by Staff b. Sympathetic Strike
c. Indiscipline d. All of these
5. Which of the following are the prerequisites of workers participation in
management?
a. Profit linked pay b. Pension Fund Participation
c. Profit Sharing & Employee?s
Stock option
d. All the above
6. Which of the following cannot be a cause of Strike?
a. Salary & Incentive Problems b. Discontinuity in Services due to
overage
c. Wrongful Discharge or
Demission of workman
d. Dissatisfaction with company
policy
Q.1 b) Define following words.
1. Factory
2. Contract labour
3. Discipline
4. Lockout
04
Q.1 c) Define strike. Explain the situation in which strike and lockout are illegal. 04
FirstRanker.com - FirstRanker's Choice
Seat No.: ________ Enrolment No.___________
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA ? SEMESTER 3 ? EXAMINATION ? SUMMER 2016
Subject Code: 2830303 Date: 09/05/2016
Subject Name: MANAGEMENT OF INDUSTRIAL RELATIONS &
LABOUR LEGISLATION (MIR&LL)
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.
Q.1 a) 1. __________________ refers to all types of relationship between all the parties
concerned with industry.
06
a. Industrial Relations b. Human Relations
c. General Relations d. All of above
2. Structure of Trade Union is concerned with
a. On the basis of purpose b. On the basis of Membership
Structure
c. Both a & b d. None of these
3. Techniques to achieve the objectives of organization are:
a. Collective Bargaining b. Grievance Handling
c. Negotiations d. All of these
4. Which of the following are the non-economic cause of dispute?
a. Ill treatment by Staff b. Sympathetic Strike
c. Indiscipline d. All of these
5. Which of the following are the prerequisites of workers participation in
management?
a. Profit linked pay b. Pension Fund Participation
c. Profit Sharing & Employee?s
Stock option
d. All the above
6. Which of the following cannot be a cause of Strike?
a. Salary & Incentive Problems b. Discontinuity in Services due to
overage
c. Wrongful Discharge or
Demission of workman
d. Dissatisfaction with company
policy
Q.1 b) Define following words.
1. Factory
2. Contract labour
3. Discipline
4. Lockout
04
Q.1 c) Define strike. Explain the situation in which strike and lockout are illegal. 04
Q.2 a) Explain the term ?Industrial Relations?. Discuss the Dunlop?s approach to Industrial
Relations.
07
b) What steps should the management take for the effective redressal of employee?s
grievances?
07
OR
b) What are the important provisions regarding health and safety mentioned in the ?Factory
Act 1948??
07
Q.3 a) Define the term ?Retrenchment?. Explain the conditions precedent to retrenchment of
workman.
07
b) What are the important provisions regarding the employment of young person, children
and women in the Bombay Shop and establishment Act 1948?
OR
a) What do you mean by Standing orders? State the matters to be provided in standing order
under ?Industrial Standing order Act 1946?.
07
b) Discuss assessment and suggestion for better functioning of Collective Bargaining in
India.
07
Q.4 a) What do you mean by ?Discipline?? In what ways the positive approach to managing
discipline more effective than legal approach.
07
b) What are the scopes and functions of a Labour Court, Industrial Tribunal and National
Tribunal?
07
OR
a) Define ?Contract Labour?. Explain the prohibition of employment of contract labour. 07
b) What are the important Supreme Court?s guidelines on the Sexual harassment of Women
workplace?
07
Q.5 a) Labor Unrest at Toyota India.
On January 08, 2006, Toyota Kirloskar Motor Private Limited (TKM) announced an
indefinite lockout of its vehicle manufacturing plant at Bidadi located near Bangalore,
Karnataka. The decision was taken following a strike, which had entered its third day, by
the Toyota Kirloskar Motor Employees Union (Employee Union), the only company
recognized union. The lockout notice stated that the strike was illegal as the Employee
Union did not give the mandatory 14 day notice period as per Industrial Disputes Act,
1947.It also stated that the workers were indulging in violence and destruction.
TKM was a joint venture, established in 1997, between Toyota Motor Corporation
(Toyota), Japan's largest car company and the second-largest car manufacturer in the
world, and the Kirloskar Group of India. Toyota holds an 89% equity stake and while the
Kirloskar Group holds the remaining 11%.Toyota has invested nearly US$ 336 million
(INR 15 billion) in the plant with capacity of producing 60,000 units per year. Toyota
manufactures its world famous cars like Corolla, Camry and Innova at the plant. The
plant had a total workforce of 2,378 out of which around 1,550 employees belonged to
the Employee Union.
On January 06, 2006, the Employee Union went on strike with the demand to reinstate
three dismissed employees, ten suspended employees, and improve the work conditions
at the plant. These employees had been dismissed and suspended by the company, on
disciplinary rounds, for attacking a supervisor and misconduct. TKM declared that it
would not rehire nor reinstate those employees culminating in the strike and lockout.
TKM made several serious allegations against the Employee Union.
The company said that the striking workers were threatening to blow up LPG gas
cylinders in the company premises, obstructing the outward movement of manufactured
vehicles, illegally stopping production, and manhandling other workers, who were not
14
FirstRanker.com - FirstRanker's Choice
Seat No.: ________ Enrolment No.___________
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA ? SEMESTER 3 ? EXAMINATION ? SUMMER 2016
Subject Code: 2830303 Date: 09/05/2016
Subject Name: MANAGEMENT OF INDUSTRIAL RELATIONS &
LABOUR LEGISLATION (MIR&LL)
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.
Q.1 a) 1. __________________ refers to all types of relationship between all the parties
concerned with industry.
06
a. Industrial Relations b. Human Relations
c. General Relations d. All of above
2. Structure of Trade Union is concerned with
a. On the basis of purpose b. On the basis of Membership
Structure
c. Both a & b d. None of these
3. Techniques to achieve the objectives of organization are:
a. Collective Bargaining b. Grievance Handling
c. Negotiations d. All of these
4. Which of the following are the non-economic cause of dispute?
a. Ill treatment by Staff b. Sympathetic Strike
c. Indiscipline d. All of these
5. Which of the following are the prerequisites of workers participation in
management?
a. Profit linked pay b. Pension Fund Participation
c. Profit Sharing & Employee?s
Stock option
d. All the above
6. Which of the following cannot be a cause of Strike?
a. Salary & Incentive Problems b. Discontinuity in Services due to
overage
c. Wrongful Discharge or
Demission of workman
d. Dissatisfaction with company
policy
Q.1 b) Define following words.
1. Factory
2. Contract labour
3. Discipline
4. Lockout
04
Q.1 c) Define strike. Explain the situation in which strike and lockout are illegal. 04
Q.2 a) Explain the term ?Industrial Relations?. Discuss the Dunlop?s approach to Industrial
Relations.
07
b) What steps should the management take for the effective redressal of employee?s
grievances?
07
OR
b) What are the important provisions regarding health and safety mentioned in the ?Factory
Act 1948??
07
Q.3 a) Define the term ?Retrenchment?. Explain the conditions precedent to retrenchment of
workman.
07
b) What are the important provisions regarding the employment of young person, children
and women in the Bombay Shop and establishment Act 1948?
OR
a) What do you mean by Standing orders? State the matters to be provided in standing order
under ?Industrial Standing order Act 1946?.
07
b) Discuss assessment and suggestion for better functioning of Collective Bargaining in
India.
07
Q.4 a) What do you mean by ?Discipline?? In what ways the positive approach to managing
discipline more effective than legal approach.
07
b) What are the scopes and functions of a Labour Court, Industrial Tribunal and National
Tribunal?
07
OR
a) Define ?Contract Labour?. Explain the prohibition of employment of contract labour. 07
b) What are the important Supreme Court?s guidelines on the Sexual harassment of Women
workplace?
07
Q.5 a) Labor Unrest at Toyota India.
On January 08, 2006, Toyota Kirloskar Motor Private Limited (TKM) announced an
indefinite lockout of its vehicle manufacturing plant at Bidadi located near Bangalore,
Karnataka. The decision was taken following a strike, which had entered its third day, by
the Toyota Kirloskar Motor Employees Union (Employee Union), the only company
recognized union. The lockout notice stated that the strike was illegal as the Employee
Union did not give the mandatory 14 day notice period as per Industrial Disputes Act,
1947.It also stated that the workers were indulging in violence and destruction.
TKM was a joint venture, established in 1997, between Toyota Motor Corporation
(Toyota), Japan's largest car company and the second-largest car manufacturer in the
world, and the Kirloskar Group of India. Toyota holds an 89% equity stake and while the
Kirloskar Group holds the remaining 11%.Toyota has invested nearly US$ 336 million
(INR 15 billion) in the plant with capacity of producing 60,000 units per year. Toyota
manufactures its world famous cars like Corolla, Camry and Innova at the plant. The
plant had a total workforce of 2,378 out of which around 1,550 employees belonged to
the Employee Union.
On January 06, 2006, the Employee Union went on strike with the demand to reinstate
three dismissed employees, ten suspended employees, and improve the work conditions
at the plant. These employees had been dismissed and suspended by the company, on
disciplinary rounds, for attacking a supervisor and misconduct. TKM declared that it
would not rehire nor reinstate those employees culminating in the strike and lockout.
TKM made several serious allegations against the Employee Union.
The company said that the striking workers were threatening to blow up LPG gas
cylinders in the company premises, obstructing the outward movement of manufactured
vehicles, illegally stopping production, and manhandling other workers, who were not
14
part of the Employee Union, to strike. In response, the Employee Union said that three
employees were dismissed because they were actively participating in trade union
activities and the company wanted to suppress the trade union. They further said that
working conditions at the plant were inhuman and 'slave-like'. They were often made to
stretch their working hours without sufficient relaxation and compensation. The issue
took a new turn when representatives from the management at TKM refused to attend a
meeting before the Labor Commissioner on January 09, 2006 for resolving the dispute
with the union. The company said that the atmosphere was not conductive for talks as the
Employee Union was in a violent and agitated mood. Though, the company appealed for
two weeks? time to appear before the Labor Commissioner so that situation could become
stable, they were given time only till January 12, 2006. The Employee Union got support
from various trade unions and demanded the intervention of the state government to help
resolve the dispute in their favor.
TKM continued with partial production of vehicles with the help of non-unionized
workers and the management staff, who were specially trained for these kinds of
emergencies. However, the company's output had fallen from 92 vehicles per day to 30
vehicles with an estimated production loss of around INR 700 million. The Company
lifted the lockout on January 21, 2006 stating that it was responding to the request from
workers who eager to return to work. The workers were required to sign a good conduct
undertaking to maintain discipline and ensure full production. The Employee Union
relented and withdrew their strike following a Government Order on January 21, 2006,
which was against the strike and referred the issue to the third Additional Labor Court.
However, the union said that they would not sign the good conduct declaration specified
by TKM. The unrest had other ramifications as the Toyota spokesperson said that the
company would rethink its recent decision to build a second car manufacturing plant in
the state. It was also felt that this incident would seriously affect the Karnataka
Government's efforts in trying to attract Volkswagen to establish a vehicle manufacturing
plant in the state. This was the second dispute involving a Japanese vehicle manufacturer
and trade unions in India. Earlier in July 2005, workers of Honda Motor & Scooters India
Limited had a violent clash with the police at Gurgaon, near New Delhi, resulting in a
revenue loss of around INR1.25 billion for the company.
This recent rise in trade union activism resulting in violence and business loss has
attracted the attention of the national and international media. With around US$ 2 billion
equity investment since 1991, Japan was the fourth largest investor in India. During the
Honda incident, the Japanese ambassador in India had stated that these kinds of incidents
would show India in poor light.
Discuss following Issues:
1) Understand the factors that lead to strikes and lockouts at a factory and the impact of
such happenings on the employees and the company
2) Study HR policies adopted by organizations to prevent labor unrest at the workplace
3) Examine the role played by the top management in ensuring peaceful working
environment
4) Analyze the role of external parties such as trade unions; political parties etc in
disturbing the working environment in a company
FirstRanker.com - FirstRanker's Choice
Seat No.: ________ Enrolment No.___________
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA ? SEMESTER 3 ? EXAMINATION ? SUMMER 2016
Subject Code: 2830303 Date: 09/05/2016
Subject Name: MANAGEMENT OF INDUSTRIAL RELATIONS &
LABOUR LEGISLATION (MIR&LL)
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.
Q.1 a) 1. __________________ refers to all types of relationship between all the parties
concerned with industry.
06
a. Industrial Relations b. Human Relations
c. General Relations d. All of above
2. Structure of Trade Union is concerned with
a. On the basis of purpose b. On the basis of Membership
Structure
c. Both a & b d. None of these
3. Techniques to achieve the objectives of organization are:
a. Collective Bargaining b. Grievance Handling
c. Negotiations d. All of these
4. Which of the following are the non-economic cause of dispute?
a. Ill treatment by Staff b. Sympathetic Strike
c. Indiscipline d. All of these
5. Which of the following are the prerequisites of workers participation in
management?
a. Profit linked pay b. Pension Fund Participation
c. Profit Sharing & Employee?s
Stock option
d. All the above
6. Which of the following cannot be a cause of Strike?
a. Salary & Incentive Problems b. Discontinuity in Services due to
overage
c. Wrongful Discharge or
Demission of workman
d. Dissatisfaction with company
policy
Q.1 b) Define following words.
1. Factory
2. Contract labour
3. Discipline
4. Lockout
04
Q.1 c) Define strike. Explain the situation in which strike and lockout are illegal. 04
Q.2 a) Explain the term ?Industrial Relations?. Discuss the Dunlop?s approach to Industrial
Relations.
07
b) What steps should the management take for the effective redressal of employee?s
grievances?
07
OR
b) What are the important provisions regarding health and safety mentioned in the ?Factory
Act 1948??
07
Q.3 a) Define the term ?Retrenchment?. Explain the conditions precedent to retrenchment of
workman.
07
b) What are the important provisions regarding the employment of young person, children
and women in the Bombay Shop and establishment Act 1948?
OR
a) What do you mean by Standing orders? State the matters to be provided in standing order
under ?Industrial Standing order Act 1946?.
07
b) Discuss assessment and suggestion for better functioning of Collective Bargaining in
India.
07
Q.4 a) What do you mean by ?Discipline?? In what ways the positive approach to managing
discipline more effective than legal approach.
07
b) What are the scopes and functions of a Labour Court, Industrial Tribunal and National
Tribunal?
07
OR
a) Define ?Contract Labour?. Explain the prohibition of employment of contract labour. 07
b) What are the important Supreme Court?s guidelines on the Sexual harassment of Women
workplace?
07
Q.5 a) Labor Unrest at Toyota India.
On January 08, 2006, Toyota Kirloskar Motor Private Limited (TKM) announced an
indefinite lockout of its vehicle manufacturing plant at Bidadi located near Bangalore,
Karnataka. The decision was taken following a strike, which had entered its third day, by
the Toyota Kirloskar Motor Employees Union (Employee Union), the only company
recognized union. The lockout notice stated that the strike was illegal as the Employee
Union did not give the mandatory 14 day notice period as per Industrial Disputes Act,
1947.It also stated that the workers were indulging in violence and destruction.
TKM was a joint venture, established in 1997, between Toyota Motor Corporation
(Toyota), Japan's largest car company and the second-largest car manufacturer in the
world, and the Kirloskar Group of India. Toyota holds an 89% equity stake and while the
Kirloskar Group holds the remaining 11%.Toyota has invested nearly US$ 336 million
(INR 15 billion) in the plant with capacity of producing 60,000 units per year. Toyota
manufactures its world famous cars like Corolla, Camry and Innova at the plant. The
plant had a total workforce of 2,378 out of which around 1,550 employees belonged to
the Employee Union.
On January 06, 2006, the Employee Union went on strike with the demand to reinstate
three dismissed employees, ten suspended employees, and improve the work conditions
at the plant. These employees had been dismissed and suspended by the company, on
disciplinary rounds, for attacking a supervisor and misconduct. TKM declared that it
would not rehire nor reinstate those employees culminating in the strike and lockout.
TKM made several serious allegations against the Employee Union.
The company said that the striking workers were threatening to blow up LPG gas
cylinders in the company premises, obstructing the outward movement of manufactured
vehicles, illegally stopping production, and manhandling other workers, who were not
14
part of the Employee Union, to strike. In response, the Employee Union said that three
employees were dismissed because they were actively participating in trade union
activities and the company wanted to suppress the trade union. They further said that
working conditions at the plant were inhuman and 'slave-like'. They were often made to
stretch their working hours without sufficient relaxation and compensation. The issue
took a new turn when representatives from the management at TKM refused to attend a
meeting before the Labor Commissioner on January 09, 2006 for resolving the dispute
with the union. The company said that the atmosphere was not conductive for talks as the
Employee Union was in a violent and agitated mood. Though, the company appealed for
two weeks? time to appear before the Labor Commissioner so that situation could become
stable, they were given time only till January 12, 2006. The Employee Union got support
from various trade unions and demanded the intervention of the state government to help
resolve the dispute in their favor.
TKM continued with partial production of vehicles with the help of non-unionized
workers and the management staff, who were specially trained for these kinds of
emergencies. However, the company's output had fallen from 92 vehicles per day to 30
vehicles with an estimated production loss of around INR 700 million. The Company
lifted the lockout on January 21, 2006 stating that it was responding to the request from
workers who eager to return to work. The workers were required to sign a good conduct
undertaking to maintain discipline and ensure full production. The Employee Union
relented and withdrew their strike following a Government Order on January 21, 2006,
which was against the strike and referred the issue to the third Additional Labor Court.
However, the union said that they would not sign the good conduct declaration specified
by TKM. The unrest had other ramifications as the Toyota spokesperson said that the
company would rethink its recent decision to build a second car manufacturing plant in
the state. It was also felt that this incident would seriously affect the Karnataka
Government's efforts in trying to attract Volkswagen to establish a vehicle manufacturing
plant in the state. This was the second dispute involving a Japanese vehicle manufacturer
and trade unions in India. Earlier in July 2005, workers of Honda Motor & Scooters India
Limited had a violent clash with the police at Gurgaon, near New Delhi, resulting in a
revenue loss of around INR1.25 billion for the company.
This recent rise in trade union activism resulting in violence and business loss has
attracted the attention of the national and international media. With around US$ 2 billion
equity investment since 1991, Japan was the fourth largest investor in India. During the
Honda incident, the Japanese ambassador in India had stated that these kinds of incidents
would show India in poor light.
Discuss following Issues:
1) Understand the factors that lead to strikes and lockouts at a factory and the impact of
such happenings on the employees and the company
2) Study HR policies adopted by organizations to prevent labor unrest at the workplace
3) Examine the role played by the top management in ensuring peaceful working
environment
4) Analyze the role of external parties such as trade unions; political parties etc in
disturbing the working environment in a company
OR
a) Case Study: Balbir: The Union Man
Chief Engineer Raju
Raju has been with the company for the last 15 years. He is considered to be very
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 has hardly entered 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 shopfloor 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 not work
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 to see me? What is the purpose?
Raju: Please sit down. What would you have? Tea of 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 amuk. Kal Ka
Chokra, he Notes 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 it no 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.
14
FirstRanker.com - FirstRanker's Choice
Seat No.: ________ Enrolment No.___________
GUJARAT TECHNOLOGICAL UNIVERSITY
MBA ? SEMESTER 3 ? EXAMINATION ? SUMMER 2016
Subject Code: 2830303 Date: 09/05/2016
Subject Name: MANAGEMENT OF INDUSTRIAL RELATIONS &
LABOUR LEGISLATION (MIR&LL)
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.
Q.1 a) 1. __________________ refers to all types of relationship between all the parties
concerned with industry.
06
a. Industrial Relations b. Human Relations
c. General Relations d. All of above
2. Structure of Trade Union is concerned with
a. On the basis of purpose b. On the basis of Membership
Structure
c. Both a & b d. None of these
3. Techniques to achieve the objectives of organization are:
a. Collective Bargaining b. Grievance Handling
c. Negotiations d. All of these
4. Which of the following are the non-economic cause of dispute?
a. Ill treatment by Staff b. Sympathetic Strike
c. Indiscipline d. All of these
5. Which of the following are the prerequisites of workers participation in
management?
a. Profit linked pay b. Pension Fund Participation
c. Profit Sharing & Employee?s
Stock option
d. All the above
6. Which of the following cannot be a cause of Strike?
a. Salary & Incentive Problems b. Discontinuity in Services due to
overage
c. Wrongful Discharge or
Demission of workman
d. Dissatisfaction with company
policy
Q.1 b) Define following words.
1. Factory
2. Contract labour
3. Discipline
4. Lockout
04
Q.1 c) Define strike. Explain the situation in which strike and lockout are illegal. 04
Q.2 a) Explain the term ?Industrial Relations?. Discuss the Dunlop?s approach to Industrial
Relations.
07
b) What steps should the management take for the effective redressal of employee?s
grievances?
07
OR
b) What are the important provisions regarding health and safety mentioned in the ?Factory
Act 1948??
07
Q.3 a) Define the term ?Retrenchment?. Explain the conditions precedent to retrenchment of
workman.
07
b) What are the important provisions regarding the employment of young person, children
and women in the Bombay Shop and establishment Act 1948?
OR
a) What do you mean by Standing orders? State the matters to be provided in standing order
under ?Industrial Standing order Act 1946?.
07
b) Discuss assessment and suggestion for better functioning of Collective Bargaining in
India.
07
Q.4 a) What do you mean by ?Discipline?? In what ways the positive approach to managing
discipline more effective than legal approach.
07
b) What are the scopes and functions of a Labour Court, Industrial Tribunal and National
Tribunal?
07
OR
a) Define ?Contract Labour?. Explain the prohibition of employment of contract labour. 07
b) What are the important Supreme Court?s guidelines on the Sexual harassment of Women
workplace?
07
Q.5 a) Labor Unrest at Toyota India.
On January 08, 2006, Toyota Kirloskar Motor Private Limited (TKM) announced an
indefinite lockout of its vehicle manufacturing plant at Bidadi located near Bangalore,
Karnataka. The decision was taken following a strike, which had entered its third day, by
the Toyota Kirloskar Motor Employees Union (Employee Union), the only company
recognized union. The lockout notice stated that the strike was illegal as the Employee
Union did not give the mandatory 14 day notice period as per Industrial Disputes Act,
1947.It also stated that the workers were indulging in violence and destruction.
TKM was a joint venture, established in 1997, between Toyota Motor Corporation
(Toyota), Japan's largest car company and the second-largest car manufacturer in the
world, and the Kirloskar Group of India. Toyota holds an 89% equity stake and while the
Kirloskar Group holds the remaining 11%.Toyota has invested nearly US$ 336 million
(INR 15 billion) in the plant with capacity of producing 60,000 units per year. Toyota
manufactures its world famous cars like Corolla, Camry and Innova at the plant. The
plant had a total workforce of 2,378 out of which around 1,550 employees belonged to
the Employee Union.
On January 06, 2006, the Employee Union went on strike with the demand to reinstate
three dismissed employees, ten suspended employees, and improve the work conditions
at the plant. These employees had been dismissed and suspended by the company, on
disciplinary rounds, for attacking a supervisor and misconduct. TKM declared that it
would not rehire nor reinstate those employees culminating in the strike and lockout.
TKM made several serious allegations against the Employee Union.
The company said that the striking workers were threatening to blow up LPG gas
cylinders in the company premises, obstructing the outward movement of manufactured
vehicles, illegally stopping production, and manhandling other workers, who were not
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part of the Employee Union, to strike. In response, the Employee Union said that three
employees were dismissed because they were actively participating in trade union
activities and the company wanted to suppress the trade union. They further said that
working conditions at the plant were inhuman and 'slave-like'. They were often made to
stretch their working hours without sufficient relaxation and compensation. The issue
took a new turn when representatives from the management at TKM refused to attend a
meeting before the Labor Commissioner on January 09, 2006 for resolving the dispute
with the union. The company said that the atmosphere was not conductive for talks as the
Employee Union was in a violent and agitated mood. Though, the company appealed for
two weeks? time to appear before the Labor Commissioner so that situation could become
stable, they were given time only till January 12, 2006. The Employee Union got support
from various trade unions and demanded the intervention of the state government to help
resolve the dispute in their favor.
TKM continued with partial production of vehicles with the help of non-unionized
workers and the management staff, who were specially trained for these kinds of
emergencies. However, the company's output had fallen from 92 vehicles per day to 30
vehicles with an estimated production loss of around INR 700 million. The Company
lifted the lockout on January 21, 2006 stating that it was responding to the request from
workers who eager to return to work. The workers were required to sign a good conduct
undertaking to maintain discipline and ensure full production. The Employee Union
relented and withdrew their strike following a Government Order on January 21, 2006,
which was against the strike and referred the issue to the third Additional Labor Court.
However, the union said that they would not sign the good conduct declaration specified
by TKM. The unrest had other ramifications as the Toyota spokesperson said that the
company would rethink its recent decision to build a second car manufacturing plant in
the state. It was also felt that this incident would seriously affect the Karnataka
Government's efforts in trying to attract Volkswagen to establish a vehicle manufacturing
plant in the state. This was the second dispute involving a Japanese vehicle manufacturer
and trade unions in India. Earlier in July 2005, workers of Honda Motor & Scooters India
Limited had a violent clash with the police at Gurgaon, near New Delhi, resulting in a
revenue loss of around INR1.25 billion for the company.
This recent rise in trade union activism resulting in violence and business loss has
attracted the attention of the national and international media. With around US$ 2 billion
equity investment since 1991, Japan was the fourth largest investor in India. During the
Honda incident, the Japanese ambassador in India had stated that these kinds of incidents
would show India in poor light.
Discuss following Issues:
1) Understand the factors that lead to strikes and lockouts at a factory and the impact of
such happenings on the employees and the company
2) Study HR policies adopted by organizations to prevent labor unrest at the workplace
3) Examine the role played by the top management in ensuring peaceful working
environment
4) Analyze the role of external parties such as trade unions; political parties etc in
disturbing the working environment in a company
OR
a) Case Study: Balbir: The Union Man
Chief Engineer Raju
Raju has been with the company for the last 15 years. He is considered to be very
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 has hardly entered 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 shopfloor 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 not work
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 to see me? What is the purpose?
Raju: Please sit down. What would you have? Tea of 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 amuk. Kal Ka
Chokra, he Notes 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 it no 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.
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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 in future?
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This post was last modified on 19 February 2020