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Posted By: ashish Member Level: Diamond Posted Date: 26 Dec 2007
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2005 Guru Gobind Singh Indraprastha University LL.M LL.B Labour Law - II Question paper
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END-TERM EXAMINATION
EIGHTH SEMESTER [LLB(H)] - MAY 2005
Paper Code: LLB 408 Subject: Labour Law - II
Time : 3 Hours
Maximum Marks : 75
Note : Part-A is compulsory and carries 25 marks.
Attempt any five questions from Part-B and carry 10 marks each.
PART-A (Compulsory) (Marks : 25)
Q.1 (a) When a person provides labour or service to another for remuneration
which is less than the minimum wages, labour or service provided by
him would be “ forced labour” under Articles 23 of the Constitution”.
Discuss.
(b) Define and explain “dependent” under the Workmen’s Compensation
Act, 1923.
(c) Explain the concept of need-based minimum wage.
(d) Define and explain the term “worker” under the Factories Act, 1948.
(e) Explain the concept of “set on” and “set off” under the Payment of
Bonus Act, 1965.
PART-B (Marks : 5 x 10 = 50)
(Attempty any five questions)
Q.2 “Labour legislation should not be inconsistent with or in derogation of
the fundamental rights. It is to the extent of such inconsistency be void”.
Examine this statement in the light of relevant Supreme Court decisions on
fundamentals rights relating to labour.
Q.3 Explain the provisions relating to amount of compensation. What is the
procedure for distribution of compensation under the Workmen’s
Compensation Act, 1923?
Q.4 Answer with reasons and with the help of case law, if the claim for workmen’s
compensation could succeed in the following: -
(a) A workman, who was required to report to his duty at 3.30 p.m. on
certain date, came about ten minutes before the commencement of the
shift, and in trying to get into the mill was knocked down by a motor
cyclist causing his death.
b) A workman, while performing his duty died of heart attack. The medical
report indicated that the workman was suffering from heart disease
and the death accrued as a result of strain caused to his heart by the
nature of the particular work which the deceased was doing.
Q.4 Discuss the procedure for revising minimum wage in respect of scheduled
employment under the Minimum Wages Act, 1948. What are the functions
of Advisory Board in this regard?
Q.5 Explain the concept of “fair wage”. What factors should be taken into
account while determing fair wage? What criteria have been laid down by
the Supreme Court for comparing two units under the ‘industry’ part of
the region-cum-industry formula.
Q.6 Briefly state the provisions of the Factories Act ensuring safety.
Q.7 Discuss the formula for calculation of bonus under the Payment of Bonus
Act, 1965.
Q.8 Write notes on any two of the following: -
(a) Public Interest Litigation on Labour matters
(b) Appeals against the orders of Commissioner
(c) Rates of minimum wages
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