ADL 35 Industrial Relations & Labour Laws V2
Question 1. Define the term 'Industrial Relations'. Also discuss, in brief, thecauses and effects of poor industrial relations.
Question 2. "The history of 'Indian Trade Union Movement' during there-Independence period has been full of partitions and mergers". Discuss, quoting suitable examples.
Question 3. Discuss, in brief, the machinery provided under the Industrial Disputes Act, 1947 (As amended up to date), for settlement of industrial disputes.
Question 4. Define the term 'Grievance'. Also explain the Model Grievance Procedure for the redressal of grievances.
Question 5. Discuss, in brief, the various steps taken by the Government from time to time to encourage workers' participation in management in our country.
Assignment - B
Question 1. Identify the factors responsible for indiscipline in industry. Also explain the procedure of disciplinary action.
Question 2. Write short notes on the following:
(a) Benefits available to employees under the Employees State Insurance Act,1948.
(b) Deductions 'permissible' and 'not permissible' under the Payment of Wages Act, 1936.
(c) Compulsory Arbitration as provided under the Industrial Disputes Act,1947 (as amended up to date.)
Question 3. Write short note on any two of the following:
(b) Illegal Strikes.
(d) Difference between 'Suspension' and 'Dismissal'.
Case Study
Chief Engineer Raju
Raju has been with the company for the last 15 years. He is considered to bevery 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 had hardly entered in 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 shop floor 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 network 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 me to see you? What is the purpose?
Raju: Please sit down. What would you have? Tea or 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 amuck. KalkaChokra, he 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 into 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.
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 future?
1. In the beginning of industrial revolution, with regard to settlement of industrial disputes, the Government believed in:
(a) Direct interference
(b) Laissez faire policy
(c) Adjudication machinery
(d) Arbitration machinery
2. Which of the following, according to section 2 (K) of the Industrial Disputes Act, 1947, is not treated as Industrial Dispute?
(a) Any dispute or difference between workmen and workmen
(b) Any dispute or difference between employers and employers
(c) Any dispute or difference between Central Govt. and State Govt.
(d) Any dispute or difference between employers and workmen
3. Which of the following is not a part of Conciliation Machinery for the settlement of industrial disputes under the Industrial Disputes Act, 1947 (as amended up to date)?
(a) Courts of Enquiry
(b) Industrial Tribunals
(c) Board of Conciliation
(d) Conciliation Offices
4. Which of the following is not a part of Adjudication Machinery under the Industrial Disputes Act, 1947 (as amended up to date)?
(a) Labour Courts
(b) Courts of Enquiry
(c) National Tribunals
(d) Industrial Tribunals
5. Which of the following is not a part of machinery for the settlement of industrial disputes under the Industrial Disputes Act, 1947 (as amended up to date)?
(a) Compulsory Arbitration
(b) Conciliation Machinery
(c) Ad justification Machinery
(d) Voluntary Arbitration
6. Which of the following is not the measure to prevent industrial disputes?
(a) Code of conduct
(b) Code of Discipline
(c) Collection Barging
(d) Voluntary arbitration
7. Which of the following statements is not correct?
(a) Grievance redressal procedure need not have any prescribed time frameworkfor redressed of grievances.
(b) Grievances redressal procedure should be acceptable to all.
(c) The official grievances handler should have undergone the desiredtraining
(d) The Grievance redressal procedure should be reviewed from time to time.
8. The Grievance Committee should give its decision regarding the redressal of the grievance within (as per Model Grievance Procedure):
(a) 48 Hours
(b) 7 Days
(c) 3 Days
(d) 10 Days
9. Which of the following is not an internal cause of indiscipline?
(a) Avoidance of Redressal Grievance (by the Management)
(b) Personal Factors
(c) High rate of inflation
(d) Lack of code of conduct
10 Which of the following is not a step in the disciplinary process?
(a) Show-cause notice
(b) Dismissal
(c) Preliminary investigation
(d) Follow up
11. Which of the following statements is not correct?
(a) Disciplinary action should be administered by the top management
(b) There should be normal attitude towards the employee after disciplinaryaction.
(c) Disciplinary action should be taken in private
(d) There is a need of consistency in the administration of disciplinaryaction.
12. Which of the following statements, as per trade union Act, 1926, is not relevant with regard to trade union?
(a) A trade may be formed for regulating relations between employers and employers.
(b) A trade may be formed for regulating relations between workmen andworkmen
(c) A trade may be formed for regulating relations between workmen andemployers
(d) A trade union may be formed for lifting restrictive conditions on the conduct of any trade or business.
13. Function of the trade union do not include:
(a) Fraternal functions
(b) Intra-mural functions
(c) Ancillary functions
(d) Technological functions
14. Trade union do not play the role of:
(a) Liaisons maker
(b) Disseminator of information
(c) Legal advisor
(d) Change agent
(e) Arbitrator
15. All India Trade Union Congress (AITUC) was formed in:
(a) 1915
(b) 1920
(c) 1925
(d) 1942
16. BhartiyaMazdoorSangh (BMS) was formed in:
(a) 1945
(b) 1955
(c) 1960
(d) 1962
17. ' Labour Movement' is started by:
(a) Workers themselves
(b) Government
(c) Employees
(d) Outsiders like philanthropist etc.
18. The Trade Unions Act was passed in:
(a) 1921
(b) 1926
(c) 1936
(d) 1947
19. Which section of the Trade Unions Act, 1926 defines the term "Trade Union"?
(a) Section 2(h)
(b) Section 2(k)
(c) Section 1(c)
(d) Section 1 (l)
20. Which is not one of the characteristics of a trade union?
(a) Every registered trade union is a statutory body
(b) Every registered trade union has a perpetual succession
(c) Every registered trade union has a common seal
(d) Every registered trade union is a body corporate
21. Under the provision of the Trade Unions Act, which of the following statements is not correct?
(a) The minimum numbers required to form a trade union is seven
(b) Getting a trade union registered is mandatory
(c) Employers can also form their trade unions
(d) Section 5 of the Trade Union Act, 1926 requires that every application for registration mustbe sent to the Registrar of Trade Unions
22. The institutions of Work Committees were provided in the year:
(a) 1942
(b) 1947
(c) 1952
(d) 1953
23. Which of the following is not true in the case of the 1975-Scheme of Workers' Participation in Industries:
(a) Has no legal sanction
(b) Provides that the Shop Council should be set up at floor levels
(c) Provides that the Joint Council should be set up at Plant Level
(d) Does not provide for its implementation through executive action
24. Which of the following statements is not true in the case of the 1983-Scheme of Workers' Participation? In Management?
(a) The Scheme is applicable to all public sector undertakings
(b) A few enterprises have implemented the Scheme at Board level
(c) The Scheme has no legislative backing
(d) The State Governments and Private Sector enterprises have also been askedto implement theScheme
25. Which of the following statements with regard to the Scheme for appointing
Workers' representative in the Board of Management, is not true?
(a) It provides for a workers' representative in the Board of Management
(b) It is from of the panel of names of three persons submitted by therecognized Union that only one person is selected by appropriate authorities fornomination as Director
(c) A person for being eligible for nomination should have attained the age of at least 40 years
(d) Such a person should have a minimum of 5 years' service in theundertaking
26. Which of the following is not a part of 'Negotiation Stage' of collective bargaining?
(a) Identifications of problem
(b) Collective Bargaining Agreement
(c) Contract Administration
(d) Negotiations Agreement
27. Which of the following is not a part of 'Preparation for Negotiations' in connection with collective bargaining?
(a) Constitution of Negotiating Teams
(b) Collective bargaining Agreement
(c) Data Collection
(d) Bargaining Power
28. Which of the following is not a part of 'Negotiations of Agreement' in connection with collective bargaining?
(a) Haggling bargaining
(b) Intermittent bargaining
(c) Boulwarism bargaining
(d) Continuous bargaining
29. Which of the following is not one of the causes for limited success of collective bargaining in India?
(a) Weak and multiplicity of unions
(b) Inadequate support from the management for collective bargaining
(c) Difficult accessibility of adjudication
(d) Lack of strong efforts from the Government
30. Which of the following is not a role of collective bargaining?
(a) Promoter of industrial peace
(b) Spokes person of employers
(c) Bargainer
(d) Believer in the policy of 'give and take'
31. Which of the following is not a feature of collective bargaining?
(a) It is a static and rigid process
(b) It is a group action
(c) It is s continuous process
(d) It is an advanced form of human relations
32. Which of the following is not the objective of industrial relations?
(a) To promote general welfare of the employees
(b) To enhance labour turnover
(c) To improve productivity of the organization
(d) To improve industrial democracy through WPM
33. Which of the following sections of the Trade Unions (Amendment) Act, 1947(though not enforced) permits the registered Trade Union whose recognition is withdrawn under sub-section (3) of section 28 G to make an application for-recognition after six months from the date of withdrawal of recognition?
(a) Section 28 H
(b) Section 28 D
(c) Section 28 G
(d) Section 28 I
34. Which of the following is not a pre-requisite to collective bargaining?
(a) Freedom of Association
(b) Registration of Trade Unions
(c) Recognition of Trade Unions
(d) Strong and stable Trade Unions
35. The Industrial Employment (Standing Orders) Act, applies to every industrialestablishment employing:
(a) 50 and more workmen
(b) 100 or more workmen
(c) 20 or more workmen
(d) 10 or more workmen
36. The Minimum Wages Act was passed in:
(a) 1936
(b) 1948
(c) 1952
(d) 1947
37. The Employees State Insurance Act was passed in:
(a) 1948
(b) 1947
(c) 1952
(d) 1951
38. The payment of Wages Act, 1936 deals with:
(a) Fixation of minimum wage
(b) Permissible deduction from the wages
(c) Minimum Leave the employee can avail
(d) Payment of Gratuity at the time of retirement
39. The Employees Provident Fund &Misc Provisions Act was passed in:
(a) 1952
(b) 1948
(c) 1947
(d) 1972
40. Lock-out is declared by:
(a) Trade Unions
(b) Government
(c) Management
(d) Political parties
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