Department of Business Administration St. Joseph Engineering College, Vamanjoor, Mangalore Third Semester M.B.

A- Second Sessional Examination-October, 2012 10MBAHR342: Legal Environment & Industrial Legislations Answer Scheme 1. a Trade Union means a combination formed for the purpose of regulating the relations not only between workmen and employers but also between workmen and workmen or between employers and employers. Section 2(h) of the Trade Unions Act, 1926 has defined a trade union as:Any combination whether temporary or permanent formed primarily for the purpose of regulating the relations between workmen and employers for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions. 3 marks b. Functions of Trade Unions in India As per the Indian Trade Union Act 1926, primary function of a trade union is to protect and promote the interests of the workers and the conditions of their employment. Functions of trade union can be broadly classified into: MILITANT FUNCTIONS. FRATERNAL FUNCTIONS. Militant Functions To achieve higher wages and better working conditions To raise the status of workers as a part of industry To protect labors against victimization and injustice

Fraternal Functions To take up welfare measures for improving the morale of workers To generate self confidence among workers To encourage sincerity and discipline among workers To provide opportunities for promotion and growth To protect women workers against discrimination 7 marks

c. Provisions for Health Sec. 11 Cleanliness

Floor must be cleaned every day, if possible by disinfectant. If the floor is wet and cannot be drained, special provisions must be made to drain the water. Walls must be regularly cleaned. They must be whitewashed every 6 months. If an oil based paint/varnish is used, it must be cleaned every year and must be repainted every 3 years. Doors, windows, and railings must be cleaned periodically. A register must be maintained that logs all the cleaning activities performed.

Sec. 12 Waste and Affluent all the waste and affluent generated in the factory must be removed from the factory with proper treatment. Sec. 13 Temperature and Ventilation The temperature of the working place must be maintained. Special care must be taking to not let the temperature increase where any work that use or produces heat is performed. Fresh air must be circulated through adequate ventilation. Sec. 14 Dust and Fumes Proper steps must be taken to remove the dust and fumes from the working area. Gases or exhaust fumes generated by any equipment such as diesel generator should be routed and released outside the workplace. Sec. 15 Artificial Humidity Any place where humidity is increased artificially, proper instruments must install to record the humidity. Sec 16 Overcrowding a factory established before this act must have at least 9.1 sq ft of space per person, while new factories must have 14.2 sq ft. The maximum capacity of a room or enclosure must be posted outside the room and a log must be maintained. Sec 17 Lighting Proper lighting arrangements must be made to ensure that it does not cause glare in eyes. Light source must be such that a shadow is not created in the work area. Sec 18 Drinking water clean safe drinking water must be provided. Water must be kept away from any dirty place. No waste should be routed from the place where drinking water is kept. At least six meters away from latrines, urinals, washing place. "Drinking water" must be written in bold and legible to all.

Sec 19 Latrines and Urinals a separate place must be created for men and women. Height must be the floor and walls must be properly tiled. It must be cleaned every day. Sec 20 Spittoons Spittoons must be placed at several appropriate locations. 10 marks 2.a Factory: Premises whereon 10 or more persons are engaged if power is used, or 20 or more persons are engaged if power is not used, in a manufacturing process. [Section 2(m)]. 3 marks b. Powers of inspectors Enter factory premises for investigation Examine the premises Inquire into any accident or dangerous occurrence Require the production of any prescribed register or document Seize, or take copies of, any register, record or other document Take measurements and photographs and make such recordings Exercise such other powers as may be prescribed 7 marks c. Duties of registered trade union: It enjoys immunity (exemption) from criminal conspiracies Section 17 of the Trade Union Act gives immunity to members and office bearers of registered trade unions from criminal conspiracy in connection with trade disputes. The union can keep separate fund for political purposes. An agreement between the members of a registered trade union not to accept employment is valid (not void being agreement in restraint of trade). The union has a right to amalgamate to form a larger union. Members of the union have a right to inspect books. Liabilities of trade union: a. change of registered office:

If the address is changed, notice in writing must be given to the Registrar within fourteen days of the change. The change shall be recorded in the Register. b. change of name: Any registered trade union may change its name with the consent o not less than two third of the total number of its members and subject to the provisions of section 25.

c) Disbursement of the trade unions funds:

The registered union maintains two types of funds: General fund Political fund

The general funds of a registered trade union cannot be spent on objects other than those prescribed by the Act. These are as follows: Payment of salaries, allowances and expenses to its office bearers. Payment of expenses for its administration including audit of account. Expenses incurred during prosecuting or defending a legal action to which the union or any of its members is a party, when such prosecution or defense is undertaken for the purpose of securing or protecting any rights of the union or its members. Expenses incurred in the conduct of the trade disputes on behalf of the trade union or any member thereof. The compensation of members for loss arising out of trade disputes. Allowances to members or their dependants on account of death, old age, sickness, accident or unemployment of such members. Policies of assurance taken to insure members against sickness, accident or unemployment. The provision of educational, social or religious benefits for members or for the dependants of members. Expenses incurred for funeral or religious ceremonies of deceased members.

The upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such. Any other object notified by the appropriate Government in the Official Gazette.

The political funds of a registered trade union shall be used for the promotion of civil and political interests of its members or in furtherance of any of the objects specified below: The holding of any meeting or the distribution of any literature or documents in support of any such candidate. The registration of the electors on the selection of a candidate for election to any legislative body constituted under the constitution of any local authority. The holding of political meetings of any kind or the distribution of political literature or political documents of any kind. 10 marks 3. Section 2 (q) of the Industrial Disputes Act. 1947 defines strike a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal; or a refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment. Types of strikes: general strike go slow pen down/ tool down wild cat strike sympathy strike jurisdictional strike hunger strike sick out strike work to rule strike 10 marks