Labour Law Overview

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is a trade union defined as under Section 2(h) of the Trade Union Act, 1920?

A temporary organization formed by employers only.

An organization solely for the purpose of negotiating wages.

Any combination formed primarily for the purpose of regulating relationships between workers, employers, or among workers. (correct)

A government body regulating employment conditions.

Which of the following is NOT a component of a trade union?

The business trade is necessary.

The union must establish limitations on employer-employee interactions.

There must be a combination of employers and workers in a union.

The primary goal must be to regulate vendor pricing. (correct)

What does the Trade Union Act, 1920 provide immunity for?

Trade unions have immunity only during negotiations with employers.

Trade unions have immunity against all criminal charges.

Trade unions cannot be sued for financial disputes.

Trade unions are immune from prosecution for actions taken during organized strikes. (correct)

What significant case established that a federation is not a trade union under the Trade Union Act, 1926?

National Organisation of Bank Workers' Federation of Trade Union vs Union of India Signup and view all the answers

Which of the following best describes the primary role of a trade union?

To take collective action to defend professional interests of workers. Signup and view all the answers

Which of the following agreements is excluded from the Trade Union Act, 1920?

Any agreement between partners regarding their own business. Signup and view all the answers

What is required for an organization to be classified as a trade union according to the Trade Union Act, 1920?

It must be formed for the regulation of employer-worker relationships. Signup and view all the answers

What is a key function of the Industrial Employment (Standing Orders) Act, 1946?

To establish procedures for modifications and temporary applications of standing orders. Signup and view all the answers

What is the minimum age requirement for a person to be a member of a trade union?

15 years Signup and view all the answers

Under what condition can a person disqualify from being an office bearer of a trade union?

If they have been convicted for moral turpitude Signup and view all the answers

What percentage of trade union members must be employed in the relevant industry according to Section 22?

50% Signup and view all the answers

What is required for a registered trade union to change its name?

Consent from not less than two thirds of its members Signup and view all the answers

What is the voting requirement for the amalgamation of trade unions according to Section 24?

60% of the votes cast must be in favor Signup and view all the answers

What must accompany a written notice for a name change or amalgamation of a trade union?

Signatures from the secretary and seven members Signup and view all the answers

What action can the registrar take if the proposed name of a trade union is identical to an existing one?

Refuse to change the name Signup and view all the answers

Which of the following is NOT a condition specified in Section 21 for disqualification from being an office bearer?

Having a criminal record unrelated to moral turpitude Signup and view all the answers

What is one of the requirements for the rules of a trade union as per section 6?

A member must pay a subscription fee of at least 25 paise per month. Signup and view all the answers

What could lead the registrar to refuse the registration of a trade union?

The name of the trade union being similar to another already registered union. Signup and view all the answers

What happens if a member fails to pay the subscription fee?

They may be considered not a member of the trade union. Signup and view all the answers

What must a trade union include in its rules regarding membership?

Only ordinary members engaged in the connected industry may join. Signup and view all the answers

What does section 8 state about a registered trade union?

It becomes a legal entity with perpetual succession. Signup and view all the answers

Which of the following is NOT a condition that must be included in the rules of a trade union?

The requirement for community outreach programs. Signup and view all the answers

What is a possible action of the registrar if further information is needed for registration?

Call for additional particulars and delay registration. Signup and view all the answers

How must the funds of a trade union be managed according to the rules?

They must be audited annually and safely kept. Signup and view all the answers

What is the highest fine an employer can incur for continuing violations of standing orders?

₹25,000 Signup and view all the answers

What constitutes an industrial dispute under section 2(K) of the Industrial Disputes Act?

Differences involving employers and workers Signup and view all the answers

Which of the following is true about individual disputes according to the content?

They must be supported by a registered trade union to be considered industrial disputes. Signup and view all the answers

Which of the following best describes what is meant by 'industry' according to section 2(J)?

Any business, trade, or manufacturing relationship between employers and employees Signup and view all the answers

In the case of Jadhav J.H. vs ms. Forbes Gokak Ltd. (2005), what was established about individual disputes?

They qualify as industrial disputes if the trade union supports the individual. Signup and view all the answers

What are the three tests that define an activity as an industry according to the Supreme Court's ruling?

Systematic activity, cooperation between employers and employees, and established functioning Signup and view all the answers

What is the primary purpose of a lockout from the employer's perspective?

To prevent employees from accessing their jobs until demands are met Signup and view all the answers

What is an important characteristic that differentiates an individual dispute from an industrial dispute?

Industrial disputes involve the collective interest of workers or unions. Signup and view all the answers

Which section of the Industrial Dispute Act 1947 states the requirement for prior notice before a lockout?

Section 22 Signup and view all the answers

What distinguishes a peaceful gherao from a violent gherao?

Whether physical force is used Signup and view all the answers

What determines whether an activity is recognized as an industry under the defined legal framework?

The existence of structured employer-employee interactions Signup and view all the answers

What is one reason an employer might legally initiate a layoff?

Due to insufficient work available Signup and view all the answers

What is the primary purpose of the committee score function?

To identify and address employee grievances Signup and view all the answers

Which entities are responsible for appointing conciliation officers?

The competent government at various levels Signup and view all the answers

Which of the following statements accurately describes a lockout?

It allows management to demand concessions from labor. Signup and view all the answers

How long does a gherao typically last?

Usually only a few days Signup and view all the answers

How many members typically make up a board of conciliation?

Two to four additional members besides the chairman Signup and view all the answers

Who presides over a court of inquiry according to section 6?

An independent individual chosen by competent authorities Signup and view all the answers

Under the Industrial Dispute Act, what is a temporary closing of a workplace referred to?

Lockout Signup and view all the answers

What can happen if a lockout is issued without prior notice as mandated by the law?

The employer may face penalties Signup and view all the answers

What is the nature of the decisions made by a works committee?

Advisory and consultative Signup and view all the answers

What is the role of a conciliation officer?

To mediate and facilitate resolution of disputes Signup and view all the answers

How does a party designate its representatives on a board of conciliation?

Through a written appointment before the specified timeframe Signup and view all the answers

What primarily defines the establishment of a labour court according to section 7?

The discretion of the appropriate government Signup and view all the answers

Study Notes