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Posted By: bharath sudar Member Level: Platinum Posted Date: 02 Jun 2008
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2007 Indira Gandhi National Open University (IGNOU) Post Graduate Diploma HR Management LABOUR AFFAIRS Question paper
SECTION A l. The industrial jurisprudence in India is based on three sources the Constitution, legislative' enactments, and judge-made law or judicial decisions. Discuss. 2. Attempt any two of the following : (a) What are the salient provisions of safety under the Factories Act, L948 ? (b) What are the health and safety measures under the Mines Act, L952 ? (c) What are the salient features of the Child Labour (Prohibition and Regulation) Act, 1951 ? 3. What is the object of the Industrial Employment (Standing Orders) Act , L946 ? Discuss the procedure for certification of standing orders. 4. Explain the various benefits payable under the Workmen's Compensation Act, L923. What is the meaning of the expression "accidents arising out of and in the course of employment". Give examples. 5. Attempt any two of the following : (a) Salient features of the Payment of Bonus Act, 1965 (b) Salient features of the Provident Fund Scheme, 1952 (c) Salient features of the Maternity Benefit Act, 196L 6. What is meant by "conciliation", "adjudication", and "voluntary arbitration", under the Industrial Disputes Act ? Enumerate 7 . Write short notes on any three of the following : (a) Deductions under the Payment of Wages Act (b) Strikes and lockout their legality and illegality {c) Procedure for registration of a trade union (d) Payment of Gratuity Act L972 eligibility and amount of gratuity payable {e} Fixing of statutory minimum rates of, wages 8. Read the case below end of the case. SECTION B and answer the questions given at the CASE ANC is a composite textile mill employing over 8000 employees including officers. The mill has recently modernised its technology and has introduced many cost and labour saving devices. It has a very sophisticated quality control department having many costly equipments. The industrial relations in the Company has been very smooth. The management also adopted a welfare-ofiented approach towards its employees. The company organised regular training and development programmes as a part of its human resour ce development efforts. The general morale and motivation level of employees was quite high though symptoms of tension and mistrust were hidden. Mr. Anand is incharge of various costly equipments used in the quality controi department. One day he used the services of Mr. Borade, a worker, to clean the equipments of various sizes and asked him to keep back the equipments in the cupboard after cleaning them. This had to be done as Mr. Anand had to attend the daily co-ordination meeting with the General Manager of the Company which cannot be ignored. When Mr. Anand return€d, he did not check immediately the total number of instruments as he did not have any doubt about Mr. Borade's integrity. Mr. Borade is an old-timer who served the Company honestly and sincerely. After about two hours, Mr. Anand found a ,*uti but costly measurement equipment was missing from the cupboard. The initial search yielded no positive results. Mr. Anand accordingly informed the security about the missing of the instrument. The securip staff suspected Mr, Borade as he was the one who cleaned and put back the instruments. When questioned, Mr. Borade denied the charges. After initial questioning, Mr. Anand once again separately requested Mr. Borade to say whether he saw the missing instrument. Mr. Borade spoke privately to Mr. Anand and admitted that by a shear loss of control of mind he took away the instrument. He confessed that he never did such a thing in the past in his 15 years of seruice in the Company and knowing well that he couldn't use the instmment, he still took it away. He pleaded for mercy. Mr. Anand was at loss to understand what had happened. He couldn't believe that a man who served the Company faithfully could ever do such a thing like stealing. He faced the worst crisis in his life. What should he do now ? Quesfions : (a) Advise Mr. Anand as to the nature of action to be taken against Mr. Borade. (b) Suggest to him various steps to be taken in a disciplinary proceeding, in case of an enquiry, and the nature of punishment to be awarded if the charges are proved. (c) Also advise Mr. Anand as to the principles of natural justice to be followed in a domestic enquiry.
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