SECTION A

Q.1 when does an award of tribunal becomes enforceable Section --- of the id act?
Section 17A on the expiry of 30 days from the date of publication.
Q2. Under which provisions certificate of a registration of a trade union could be cancelled if it
was obtained by fraud?
SECTION 10(b)
Q3. Whether breach of any term of any settlement attracts any penalty? If no what is the
penalty?
Section 29 of Id actPenalty for breach of settlement or award.- Any person who commits a breach of
any term of any settlement or award, which is binding on him under this Act, shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with both. where the
breach is a continuing one, with a further fine which may extend to two hundred rupees for every day
during which the breach continues after the conviction for the first].
Q4.What is industrial dispute?
Industrial dispute" means 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.
Q5. Whether there is any immunity to a trade union from civil suits in certain cases?
Section 18 of the trade unions act 1926 . no suit of legal proceedings shall be maintainable in any civil
court against a registered trade union or any office bearer or member thereof in respect of any act
done in contemplation or furtherance of trade dispute.
Q.6 can a labour court award lesser punishment in lieu of dismissal of workmen(Section of id
act)?
Sec 11-A id Act
Q7. What is the punishment for any person who instigate illegal strike?
Section 26 of ID act, 1947 states any workman who commences, continues or otherwise acts in
furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment for a
term which may extend to one month, or with fine which may extend to fifty rupees, or with both.
Q8. Under which section of industrial disputes Act, 1947 conciliation officers send failure report
to Government?
Section 12(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable
after the close of the investigation, send to the appropriate Government a full report setting forth the
steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing
about a settlement thereof, together with a full statement of such facts and circumstances, and the
reasons on account of which, in his opinion, a settlement could not be arrived at.
Q9. What duty was imposed on certifying officer by amending act of 1950 which amended
industrial employment (standing orders)Act, 1946?
Amending act imposed duty on certifying officer that he has to consider fairness and reasonableness
of standing orders before certifying the same
Q10. Whether function exercised by Certifying officer under industrial employment(standing
orders) act, 1946 is executive or quasi-judicial?
It is a quasi-Judicial function under general clauses act Section 21 to cancel the certification thus
section 21 cant be invoked to cancel certificate. AIR 2002 SC 2158 indian national congress v.
institute of social welfare says it is a quasi-judicial function.
SECTION B
Q1. Which industries can be declared as public utility services as per 1
st
schedule to the
industrial disputes act?
PUS Section 2(u)
1. Any railway service.
2. Any service in connection with working of any major port or dock.
3. Any section of n industrial establishment or the workmen employed therein depends.
4. Any postal, telegraph, telephone service.
5. Any industry that supplies power, water or light to the public.
6. Any system of public sanitation.
PUS under Sub-Clause(vi) of Clause(N) of Section 2:
1. Transport for the varriage of passengers or goods.
2. Banking
3. Cement
4. Coal
5. Iron and steel
6. Service in Hospitals
7. Copper mining
8. Zinc mining
9. Iron ore mining
Q2. Unfair labour practices on the part of employer and employee?
Unfair labour practices in the part of employer:
1. Threatening workmen with discharge, if they join a Trade Union.
2. Threatening a Lock-Out, if a trade union is organized.
3. An employer showing partiallty to one of several trade unions.
4. To establish employer sponsored trade unions of work.
5. Punishing a workmen because he urged other workmen to join a trade union.
6. Dismissing work for taking part in any strike.
7. To dismiss workmen by way of victimization.
8. To indulge in acts of force or violence.
9. Continuing a lock-out deemed to be illegal under this act.
Unfair labour practices in the part of workmen:
1. To instigate any strike deemed to be illegal under this act.
2. To coerce workmen in the exercise of their right of self-organisation.
3. To indulge in acts of force or violence.
4. To instigate such forms of coercive actions as wilful go slow or ghereo of any
members of the managerial or other staff.
5. To stage demonstrations at the residences of the employers.
6. To indulge in wilful damage to employers property connected with the industry.
7. To indulge in act of force or violence against any workmen with a view to prevent
him from attending work.
Q3. Provisions regarding procedure, powers and duties of authorites under industrial
disputes act?
Procedure: Section-11 Arbitrator or other authority shall follow such procedure as they may
think fit.
Powers: Section-11A labour courts, tribunals, national tribunals may give appropriate relief
in case of discharge/dismissal of workmen.
Duties: Section 12,13,14,15,17A,21
Duties of Conciliation Officer Section-12: In case of dispute conciliation officer shall hold
conciliation proceedings.
Section-12(3): If a settlement of the dispute or of any of the matters in dispute is arrived at in
the course of the conciliation proceedings the conciliation officer shall send a report thereof
to the appropriate Government.
Section-12(4): If no such settlement is arrived at, the conciliation officer shall, as soon as
practicable after the close of the investigation, send to the appropriate Government a full
report setting forth the steps taken by him for ascertaining the facts and circumstances
relating to the dispute and for bringing about a settlement.
Duties of BOARD Section-13: Where a dispute has been referred to a Board under this Act, it
shall be the duty of the Board to endeavour to bring about a settlement of the same and for
this purpose the Board shall, in such manner as it thinks fit and without delay, investigate the
dispute and all matters affecting the merits and the right settlement.
Section-13(2): If a settlement of the dispute or of any of the matters in dispute is arrived at in
the course of the conciliation proceedings, the Board shall send a report thereof to the
appropriate Government together with a memorandum of the settlement signed by the parties
to the dispute.
Section-13(3): If no such settlement is arrived at, the Board shall, as soon as practicable after
the close of the investigation, send to the appropriate government.
Duties of Courts Section-14: A Court shall inquire into the matters referred to it and report
thereon to the appropriate Government ordinarily within a period of six months from the
commencement of its inquiry.
Duties of Labour Courts, Tribunals, National Tribunals Section-15: Where an industrial
dispute has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, it
shall hold its proceedings expeditiously and shall submit the award to the appropriate
government.
Commencement of the Award Section-17A: An award (including an arbitration award) shall
become enforceable on the expiry of thirty days from the date of its publication.
Certain matters to be kept confidential Section-21: confidentiality of certain information
obtained by any authority during an enquiry and be kept confidential if requested.

Q4. Which particulars need to furnished for registration of Trade Union?
Required by Section 5(1)(c) as given in Schedule 1:
List of officers
Particulars given Schedule 2 as mentioned in Section 6:
Objects of union, admission of memebers of union, custody of funds and its audit.
Particulars required by Section5(2) as given in Schedule 3:
Liabilities and Assets statement.
Q5. Conditions precedent to retrenchment?
25N. Conditions precedent to retrenchment of workmen
(1) No workman employed in any industrial establishment to which this Chapter applies ,
who has been in continuous service for not less than one year under an employer shall be
retrenched by that employer until,
(a) the workman has been given three months notice in writing indicating the reasons
for retrenchment and the period of notice has expired, or the workman has been paid in lieu
of such notice, wages for the period of the notice; and
(b) the prior permission of the appropriate government or such authority as may be
specified by that government by notification in the Official Gazette (hereafter in this section
referred to as the specified authority) has been obtained on an application made in this behalf.
Under section 25 F to retrenchment of workmen under ID Act . the workman has to pay
retrenchment compensation equivalent to fifteen days 'average pay [for every completed year
of continuous service] or any part thereof in excess of six months.

SECTION C
Q1. When compensation is not payable to lay-off?
PROVIDED that if during any period of twelve months, a workman is so laid-off for more
than forty-five days, no such compensation shall be payable in respect of any period of the
lay-off after the expiry of the first forty-five days, if there is an agreement to that effect
between the workman and the employer:
PROVIDED FURTHER that it shall be lawful for the employer in any case falling within the
foregoing proviso to retrench the workman in accordance with the provisions contained in
section 25F at any time after the expiry of the first forty five days of the lay off and when he
does so, any compensation paid to the workman for having been laid off during the preceding
twelve months may be set off against the compensation payable for retrenchments.
Q2. Which Acts as per Section 14 of Trade Union Act, do not apply to registered Trade
Unions?
Q3. Settlement Is better than industrial adjudication AIR 1964 SC 160?
SECTION D
Q1. Is it open to parties concerned to include in the standing orders matters which are
outside the schedule? Explain with reference to AIR 1969 SC 132.
Q2. Explain the SC judgement regarding Back Wages
2007 (2) SCC 433 J.K Synthetics v. K.P Aggarwal?
Q3. 1996 (6) SCC 590 Shorrock mills v. Mahesh Bhai t. Rao?