LABOUR LAW VIVA QUESTIONS

1. define industrial dispute under industrial dispute act. when an individual dispute
becomes an industrial dispute
Under the Industrial Disputes Act, 1947 in India, an industrial dispute is defined as any
dispute or difference between employers and employers, or between employers and
workmen, or between workmen and workmen, which is connected with the employment or
non-employment or the terms of employment or with the conditions of labour of any person.

To put it simply, an industrial dispute can arise in the context of employment, and it can
involve conflicts between employers and employees or among employees themselves.

An individual dispute becomes an industrial dispute when it takes on a collective character

and has an impact on a group of workers or the industry as a whole. Several conditions may
turn an individual dispute into an industrial dispute, such as:

1. Multiplicity of Workers: If the dispute involves a large number of workers or has

the potential to affect a significant portion of the workforce.
2. Common Grievance: When the dispute arises out of a common grievance shared by
a group of workers rather than an isolated issue affecting only an individual.
3. Collective Action: If the workers collectively raise the issue and take joint action to
address their concerns, such as a strike or a go-slow.
4. Union Involvement: If a labor union represents the workers involved in the dispute
or if the dispute is raised by the union on behalf of its members.
5. Industry-Wide Impact: When the dispute has the potential to affect the industry or a
substantial part of it, causing disruptions in production or services.

It's important to note that the Industrial Disputes Act provides mechanisms for the resolution
of industrial disputes through methods like conciliation, arbitration, and adjudication. These
mechanisms aim to promote peaceful resolution and maintain industrial peace.
2. Define lay-off and provisions relating to Lay off compensation?
Lay-off, in the context of employment, refers to the temporary suspension or reduction of
work by the employer due to various reasons, such as a shortage of raw materials, a decline in
demand for the employer's products or services, or any other situation where the employer
finds it necessary to curtail or stop work temporarily.

In India, the provisions relating to lay-off and lay-off compensation are primarily governed
by the Industrial Disputes Act, 1947. According to the Act, a lay-off can occur when workers
are not provided with work by their employer, and the employer is not legally bound to pay
wages during the period of the lay-off. However, the Act provides for lay-off compensation
to mitigate the financial impact on the affected workers.

Key provisions related to lay-off compensation under the Industrial Disputes Act include:

1. Compensation during Lay-off: Section 25C of the Act specifies that workers who
are laid off are entitled to compensation, which is equivalent to half of the total basic
wages and dearness allowance that the worker would have received if they had not
been laid off.
 2. Conditions for Compensation: To be eligible for compensation, the worker must
fulfil certain conditions, including having completed at least one year of continuous
service under the employer, and the lay-off must not be due to a strike or a legal
lockout.
3. Notice and Payment: The employer is required to give notice of the intention to lay
off or pay in lieu of notice. If the lay-off extends beyond 45 days in a year, the
employer is obligated to pay compensation for the entire period of the lay-off.
4. Right to Compensation Only: The right to compensation is the only remedy
available to the worker during the period of lay-off. The Act prohibits the worker
from challenging the legality or propriety of the lay-off itself during this time.

It's important for both employers and employees to be aware of these provisions to ensure
compliance with the law and to understand the rights and obligations associated with lay-offs.
It's advisable to consult legal experts or authorities for detailed and up-to-date information, as
labor laws may be subject to amendments.

3. Who is the certifying officer. What are his powers?

In the context of the Industrial Disputes Act, 1947 in India, a Certifying Officer is an
authority responsible for certifying standing orders under the Act. Standing orders are rules
and regulations regarding various employment matters that are adopted by an industrial
establishment.

Here are the key points regarding the Certifying Officer and their powers under the Industrial
Disputes Act:

1. Appointment: The Certifying Officer is usually an officer appointed by the

appropriate government (Central or State) to carry out the duties prescribed by the
Act.
2. Certification of Standing Orders: The primary function of the Certifying Officer is
to certify the standing orders submitted by the employer of an industrial
establishment. These standing orders typically cover matters such as working hours,
holidays, leave policies, disciplinary procedures, etc.
3. Examination of Draft Standing Orders: Before certification, the Certifying Officer
examines the draft standing orders submitted by the employer. The officer ensures
that the proposed standing orders comply with the requirements of the Industrial
Disputes Act and are fair and reasonable.
4. Opportunity for Representation: The Certifying Officer provides an opportunity for
representatives of employers and workmen to be heard before certifying the standing
orders. This ensures that the interests of both parties are considered.
5. Model Standing Orders: If an industrial establishment does not have its own draft
standing orders, the Certifying Officer may, in some cases, certify model standing
orders prescribed under the Act.
6. Modification of Standing Orders: If necessary, the Certifying Officer may suggest
modifications to the draft standing orders to bring them in line with the legal
requirements.
7. Certification is Conclusive: Once the Certifying Officer certifies the standing orders,
they become conclusive and binding upon the employer and workmen.
The powers of the Certifying Officer are primarily focused on ensuring that the standing
orders of an industrial establishment are in accordance with the law, fair to both employers
and workmen, and provide a framework for the terms and conditions of employment. It's
important to note that the powers and responsibilities of a Certifying Officer may vary based
on specific state rules and regulations.
5. What is the procedure for fixation of minimum wages?

The fixation of minimum wages involves a structured procedure aimed at

determining the minimum amount that should be paid to various categories of
workers to ensure a basic standard of living. The procedure for the fixation of
minimum wages may vary from country to country, and I'll outline a general process
often followed, including elements commonly found in such procedures:

1. Constitution of Advisory Boards/Committees:

 Typically, governments establish advisory boards or committees
representing employers, employees, and independent experts. These
bodies are responsible for recommending minimum wage rates.
2. Collection of Data:
 The advisory boards collect comprehensive data on various economic
factors, including the cost of living, prevailing wage rates, working
conditions, and other relevant factors. This data is crucial for
determining the minimum wage.
3. Living Wage Calculation:
 The cost of living is assessed to determine the basic needs of a worker,
considering factors such as food, housing, clothing, education,
healthcare, and other essentials.
4. Tripartite Consultations:
 Tripartite consultations involve discussions among representatives of
employers, employees, and government officials. These discussions aim
to consider different perspectives and reach a consensus on the
minimum wage rates.
5. Factors Considered:
 The advisory boards consider various factors, including the skill level of
workers, regional variations in the cost of living, and the capacity of
industries to pay.
6. Public Hearings:
 In some cases, public hearings are conducted to gather input from the
general public, workers, and employers. This helps ensure transparency
and inclusivity in the wage-fixing process.
7. Draft Notification:
 Based on the recommendations of the advisory boards, a draft
notification is prepared, specifying the proposed minimum wage rates
for different categories of workers.
8. Approval and Notification:
  The draft notification is then submitted to the appropriate government
authority for approval. Once approved, it is officially notified, and the
minimum wage rates become legally enforceable.
9. Revision and Periodic Reviews:
 Governments may periodically review and revise minimum wages to
account for changes in economic conditions, inflation, and other
relevant factors.
10. Implementation and Enforcement:
 Once fixed, employers are legally obligated to pay at least the
prescribed minimum wage to workers falling within the specified
categories. Government agencies are responsible for monitoring and
enforcing compliance.

It's important to note that the specific steps and procedures for the fixation of
minimum wages may vary between jurisdictions. In some countries, these processes
may be established by law, while in others, they may be subject to negotiation and
agreement among stakeholders. Additionally, the involvement of trade unions,
employers' associations, and other relevant bodies may vary based on the legal
framework of each jurisdiction.

6. Who is the inspector cum facilitator. Explain its powers and duties?

the role of an inspector typically refers to a government official responsible

for inspecting and enforcing compliance with labor laws and regulations.

In various contexts, an inspector may have dual responsibilities, including

facilitating compliance and providing assistance to businesses while also
ensuring that they adhere to the relevant laws. The specific powers and
duties of an inspector cum facilitator would depend on the jurisdiction and
the nature of the regulatory framework. I'll provide a general overview of
the powers and duties of labor inspectors, and you can consider this
information in the context you're referring to:

Powers of an Inspector:

1. Inspection Authority: Labor inspectors have the authority to

conduct inspections of workplaces to ensure compliance with labor
laws and regulations.
2. Access to Records: They may have the power to access and examine
relevant records, documents, and registers maintained by employers
 to verify compliance with laws related to wages, working hours,
safety, and other employment conditions.
3. Interviews and Inquiries: Inspectors may conduct interviews with
employers and employees and make inquiries to gather information
about workplace practices.
4. Issuing Notices and Orders: If violations are identified during an
inspection, an inspector may issue notices or orders requiring
corrective actions. In some cases, they may have the authority to
impose fines or penalties.
5. Seizure of Records: Inspectors may be empowered to seize records
or documents if there is evidence of non-compliance, pending an
investigation.

Duties of an Inspector:

1. Facilitation of Compliance: Inspectors may play a role in educating

employers about labor laws and regulations, providing guidance on
compliance, and assisting businesses in understanding and meeting
legal requirements.
2. Advisory Role: They may advise employers and employees on best
practices for maintaining a safe and healthy work environment and
complying with employment laws.
3. Dispute Resolution: Inspectors may assist in the resolution of
disputes between employers and employees, promoting dialogue
and helping parties understand their rights and responsibilities.
4. Training and Awareness: Inspectors may conduct training sessions
and awareness programs to educate employers and workers about
labor laws and safety standards.

It's important to note that the specific powers and duties of inspectors can
vary widely depending on the legal framework of each jurisdiction. If
"inspector cum facilitator" refers to a specific role or title in a particular
context, it would be advisable to refer to the relevant laws or regulations in
that jurisdiction or consult with legal experts for accurate and up-to-date
information.

5. Define appropriate government?

the term "appropriate government" refers to the level of government
(Central or State) that has the authority to administer, implement, and
regulate certain provisions of labor laws. The determination of whether the
Central Government or the State Government is the appropriate
government depends on the subject matter and the scope of the law.

Here are some general principles regarding the definition of the

"appropriate government":

1. Central Government:
 The Central Government is typically the appropriate
government for industries and establishments that fall under its
direct jurisdiction. This often includes industries such as
railways, telecommunication, banking, defense, and other
central government enterprises.
2. State Government:
 The State Government is usually the appropriate government
for industries and establishments that operate within the
boundaries of a specific state. This includes most industries and
businesses that are not explicitly under the purview of the
Central Government.
3. Concurrent Jurisdiction:
 In some cases, both the Central and State Governments may
have concurrent jurisdiction over certain matters. In such
instances, both levels of government have the authority to
make laws and regulations, but the law enacted by the Central
Government prevails in case of any inconsistency.
4. Subject-Specific Determination:
 The determination of the appropriate government is often
subject-specific. Different labor laws or provisions within a law
may designate either the Central or State Government as the
appropriate government based on the nature of the industry or
establishment.
5. Notification by the Central Government:
 In some cases, the Central Government may issue notifications
specifying which industries or establishments fall under its
jurisdiction for the purpose of particular labor laws.
The appropriate government is significant in the administration and
enforcement of labor laws because it influences the regulatory framework,
implementation of policies, and resolution of industrial disputes. For
specific details about the appropriate government in the context of a
particular labor law or regulation, it is advisable to refer to the relevant
legal texts and notifications issued by the government.
define strike and lockout and its difference.
Strike: A strike is a collective action taken by a group of workers where they
voluntarily abstain from work to protest against working conditions, wages, or other
employment-related issues. Strikes are a form of industrial action and are often
organized by labor unions. The objective of a strike is to bring attention to the
grievances of the workers and put pressure on the employer to address their
concerns. Strikes can take various forms, including partial strikes (work slowdowns) or
complete stoppages of work.

Lockout: A lockout, on the other hand, is a temporary withholding of work by an

employer with the intention of coercing employees into accepting certain conditions
or terms of employment. Unlike a strike, which is initiated by workers, a lockout is
initiated by the employer. Lockouts are often used as a negotiating tactic during
labor disputes. Employers may implement a lockout if they believe that it is necessary
to protect their interests or if they wish to bring employees to the bargaining table
on specific terms.

Differences:

1. Initiation:
 Strike: Initiated by workers or labor unions.
 Lockout: Initiated by the employer.
2. Purpose:
 Strike: To protest and address grievances related to employment
conditions, wages, or other issues.
 Lockout: To exert pressure on employees during a labor dispute or to
bring them to the negotiating table.
3. Voluntariness:
 Strike: Voluntary withdrawal of labor by workers.
 Lockout: Voluntary suspension of work by the employer.
4. Decision Authority:
 Strike: Decided upon by the workers or their representatives.
 Lockout: Decided upon by the employer or management.
5. Timing:
 Strike: Can be initiated at any time by the workers.
  Lockout: Implemented by the employer when deemed necessary.
6. Duration:
 Strike: Can vary in duration, ranging from a few hours to an indefinite
period.
 Lockout: Temporary and typically lasts until a resolution or agreement
is reached.

Both strikes and lockouts are considered extreme measures in industrial relations,
and they often occur during periods of labor disputes when negotiations between
workers and employers reach an impasse. Labor laws in various countries provide
guidelines and regulations regarding the legality and procedures for strikes and
lockouts to maintain industrial peace and protect the interests of both parties.
7. Explain the term minimum wages and its procedure laid down of fixation of
wages.

Minimum Wages: Minimum wages refer to the lowest remuneration that

employers are legally required to pay to their workers for the work
performed within a specified period. The purpose of minimum wages is to
ensure that workers receive a basic standard of living, addressing concerns
related to poverty, inequality, and exploitation. The fixation of minimum
wages is typically done by government authorities and is influenced by
factors such as cost of living, prevailing economic conditions, and the needs
of workers and their families.

Procedure for Fixation of Minimum Wages:

The procedure for the fixation of minimum wages can vary from country to
country and, in some cases, from state to state within a country. However,
here is a generalized outline of the procedure often followed:

1. Constitution of Wage Boards or Committees:

 Governments may constitute wage boards or committees
consisting of representatives from employers, employees, and
independent experts. These bodies are responsible for studying
various factors and recommending minimum wage rates.
2. Collection of Data:
 Comprehensive data is collected on factors such as the cost of
living, food prices, housing, healthcare, education, and other
essentials. This data is crucial for determining the basic needs
of a worker and their dependents.
3. Tripartite Consultations:
  Wage boards or committees engage in tripartite consultations
involving representatives of employers, employees, and
government officials. These discussions aim to consider
different perspectives and reach a consensus on the minimum
wage rates.
4. Living Wage Calculation:
 The cost of living is assessed to determine the minimum
income required for a worker and their family to maintain a
basic standard of living. This calculation often considers the
number of dependents, housing costs, and other essential
needs.
5. Public Hearings:
 In some jurisdictions, public hearings may be conducted to
gather input from the general public, workers, employers, and
other stakeholders. This ensures transparency and provides an
opportunity for various perspectives to be considered.
6. Draft Notification:
 Based on the recommendations of the wage boards or
committees, a draft notification is prepared, specifying the
proposed minimum wage rates for different categories of
workers.
7. Approval and Notification:
 The draft notification is then submitted to the appropriate
government authority for approval. Once approved, it is
officially notified, and the minimum wage rates become legally
enforceable.
8. Periodic Reviews:
 Governments may periodically review and revise minimum
wages to account for changes in economic conditions, inflation,
and other relevant factors.
9. Implementation and Enforcement:
 Once fixed, employers are legally obligated to pay at least the
prescribed minimum wage to workers falling within the
specified categories. Government agencies are responsible for
monitoring and enforcing compliance.

It's important to note that the specific steps and procedures for the fixation
of minimum wages may vary between jurisdictions, and it's advisable to
refer to the relevant labor laws and regulations for accurate and up-to-date
information.
explain provisions of registration of trade unions
The registration of trade unions is governed by labor laws in various countries, and
the specific provisions may vary. Below are generalized provisions that are commonly
found in the registration process for trade unions:

1. Eligibility Criteria:

 Trade unions are often required to meet certain eligibility criteria to be eligible
for registration. This may include having a minimum number of members who
are employed in the relevant industry or occupation.

2. Application for Registration:

 The trade union seeking registration typically needs to submit an application

to the appropriate government authority. The application form may require
details about the union's objectives, constitution, membership details, and
other relevant information.

3. Constitution and Rules:

 Trade unions are usually required to have a constitution and rules that govern
their functioning. These documents may specify the name of the union, its
objectives, the rights and responsibilities of members, election procedures,
and other organizational details.

4. Membership Details:

 The application for registration may need to include a list of members along
with their names, addresses, and occupations. This information is crucial for
verifying the representativeness of the union.

5. Verification of Documents:

 The government authority responsible for registration may verify the

submitted documents, including the constitution, rules, and membership
details. This verification ensures that the trade union complies with the legal
requirements.

6. Public Notice and Objections:

  In some jurisdictions, there may be a requirement to publish a public notice
regarding the application for registration. This allows for any objections or
concerns to be raised by interested parties. The objections are then
considered before the registration decision is finalized.

7. Registration Certificate:

 If the government authority is satisfied with the application and there are no
valid objections, a registration certificate is issued to the trade union. This
certificate confirms the legal recognition of the trade union.

8. Rights and Privileges:

 Registered trade unions typically enjoy certain rights and privileges under
labor laws. These may include the right to collectively bargain, represent
workers in industrial disputes, and participate in tripartite forums.

9. Renewal and Amendments:

 Trade unions may be required to renew their registration periodically, and

they may also need to inform the authorities about any amendments to their
constitution or rules.

10. Deregistration:

 There may be provisions for the deregistration of trade unions under certain
circumstances, such as non-compliance with legal requirements or engaging
in activities that violate the law.

It's important to note that the specific provisions for the registration of trade unions
can vary widely based on the legal framework of each country. Individuals or
organizations seeking to register a trade union should refer to the relevant labor laws
and regulations in their jurisdiction for accurate and up-to-date information.
10. What are the mechanisms for resolving the industrial disputes?

Resolving industrial disputes is crucial for maintaining industrial peace and ensuring
harmonious relations between employers and employees. Various mechanisms and
procedures are in place to address and resolve such disputes. The specific
mechanisms can vary by country, but some common methods include:

1. Negotiation:
 Negotiation is an informal method where representatives of employers
and employees discuss the issues in dispute and attempt to reach a
 mutually acceptable agreement. This process can involve direct talks,
bargaining sessions, and compromise to find common ground.
2. Conciliation:
 Conciliation involves the intervention of a neutral third party, known as
a conciliator, who helps facilitate discussions between the disputing
parties. The conciliator works to identify common interests and
encourage cooperation, aiming to achieve a voluntary settlement.
3. Mediation:
 Mediation is similar to conciliation but often involves a more proactive
role for the mediator in proposing solutions. The mediator assists the
parties in finding common ground and reaching a resolution, but the
agreement remains voluntary.
4. Arbitration:
 Arbitration is a more formal process where an impartial third party,
known as an arbitrator or an arbitration panel, makes a binding
decision on the dispute after considering the arguments and evidence
presented by both sides. The decision is typically legally enforceable.
5. Labor Court or Industrial Tribunal:
 Many countries have specialized labor courts or industrial tribunals that
adjudicate disputes related to employment and industrial relations.
These bodies have the authority to hear cases, consider evidence, and
make binding decisions.
6. Grievance Procedures:
 Employers often establish internal grievance procedures that allow
employees to raise concerns and disputes within the organization.
These procedures provide a structured way to address and resolve
issues before they escalate.
7. Collective Bargaining:
 Through collective bargaining, representatives of employers and
employees negotiate employment conditions, wages, and other terms
of employment. This process helps establish agreements that can
prevent disputes and provide a framework for addressing conflicts.
8. Joint Consultative Committees:
 Establishing joint consultative committees within the workplace allows
representatives of both employers and employees to meet regularly to
discuss issues, foster communication, and proactively address concerns
before they escalate.
9. Government Intervention:
 Government authorities, such as labor departments or ministries, may
intervene to facilitate discussions, offer mediation services, or appoint
tribunals to resolve disputes. Government intervention is often guided
by labor laws and regulations.
 10. Strikes and Lockouts Regulation:
 Labor laws may regulate the use of strikes and lockouts, specifying
conditions under which these actions are legal or illegal. Such
regulations aim to balance the rights of workers and employers while
preventing disruptions to essential services.
11. Alternative Dispute Resolution (ADR):
 ADR methods, such as negotiation, mediation, and arbitration, can be
used as alternatives to traditional litigation. These methods often
provide quicker and less formal means of resolving disputes.

The choice of mechanism depends on the nature of the dispute, the preferences of
the parties involved, and the legal framework in place. Effective industrial dispute
resolution mechanisms contribute to a stable and productive work environment.