Industrial dispute act,1947

Question 1

Industrial Dispute Act, 1947 does not apply to -

Answer 1

• -> managerial or administrative capacity
• -> supervisory capacity and drawing more than Rs. 10,000 per month
• -> executing managerial functions
• -> persons subject to Army Act, Air Force and Navy Act or those in police service or officer or employee of a prison.

Question 2

Types of strikes-

Answer 2

Economic strike
Sympathetic strike
General strike
Tools down/ Pen down strike/ Sit Down Strike/ stay in strike
Slow Down Strike

Question 3

Under __________strike, members of the trade union stop work to enforce their economic demands such as wages, bonus, and other conditions of work.

Answer 3

Economic Strike

Question 4

Under __________strike, the members of a union collectively stop work to support or express their sympathy with the members of other unions who are on strike in the other undertakings.

Answer 4

Sympathetic Strike

Question 5

A strike by members of all or most of the unions in a region or an industry. It may be a strike of all the workers in a particular region of industry to force demands common to all the workers.

Answer 5

General Strike

Question 6

The workers remain at their work-place and also keep their control over the work facilities. Workers do not leave their place of work, but stop work.

Answer 6

Tools down/ Pen down strike/ Sit Down Strike/ stay in strike

Question 7

Employees remain on their jobs under this type of strike. They do not stop work, but restrict the rate of output in an organised manner.

Answer 7

Slow Down Strike

Question 8

When workers are dissuaded from reporting for work by stationing certain men at the factory gates. It is basically a method of drawing the attention of public towards the fact there is a dispute between the management and the workers.

Answer 8

Picketing

Question 9

A collective action initiated by a group of workers under which members of the management of an industrial establishment are prohibited from leaving the business or residential premises by the workers who block their exit through human barricade.

Answer 9

gherao

Question 10

National Commission on Labour, __________ cannot be treated as a form of industrial protest because it involves physical coercion rather than economic pressure.

Answer 10

gherao

Question 11

______________ is declared by the employers to put pressure on their workers. It is an act on the part of the employers to close down the place of work until the workers agree to resume the work on the terms and conditions specified by the employers.

Answer 11

Lock-out

Question 12

____________means the temporary closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.

Answer 12

lock-out

Question 13

Which are to curb the activities of militant workers?

Answer 13

Lock-outs

Question 14

__________ is declared as a trial of strength between the management and its employees.

Answer 14

Lock-out

Question 15

Dismissal and Discharge of workman ?

Answer 15

Discharge refers to termination of service due to any reason including retrenchment after following the provisions of Industrial Disputes Act. A discharged employee shall be eligible for unpaid benefits from the company.

Dismissal is made for such gross negligence, the gravity of offence is beyond tolerable. An employee dismissed will not be paid gratuity and unavailed benefits.

Question 16

The principle of ‘last come; First go’ is for-

Answer 16

Retrenchment of the workman(job se nikalna)

Question 17

Retrenchment as the termination by the employer of the service of a workman for any reason whatsoever, but does not include -

Answer 17

(a) Voluntary retirement (Samay se pehle retire hona)
(b) Punishment
(c) Retirement of the workman on reaching the age
(d) non-removal of the contract of employment between the employer and the workman.
(e) continued ill-health.

Question 18

Conditions precedent to retrenchment of workmen:

Answer 18

(a) one month’s notice
(b) fifteen days’ average pay
(c)notice in the prescribed manner
(d) notify the appropriate government is directory and
not mandatory for industry less than 100 employees.
(e) For industry establishment in which not less than 100 workmen are employed - compulsory permission

Question 19

Termination of employment (with or without notice) by the employer or management ?

Answer 19

Lay-off

Question 20

————-are not caused by any fault of the employees but by reasons such as lack of work, cash, or material.

Answer 20

Layoffs

Question 21

“lay-off” means the failure, refusal or inability of an employer on account of –

Answer 21

1) Shortage of coal,
2) Power or raw materials or the accumulation of stocks or
3) Break-down of machinery or
4) Natural calamity

Question 22

lay-off compensation–

Answer 22

(a) equal to 50% of the total of the basic wages and dearness allowance that would have been payable to him, had he not been so laid off.
(b) maximum days allowed to Layoff of employee by employer is 45 days.
(c) Both to the employer and to the workmen because both of them are put to a loss of 50% wages.
(d) the parties can enter into an agreement not to continue lay-off after a period of 45 days in a year.

Question 23

Compulsory permission from competent authority by employer to lay off of workmen—

Answer 23

(a) For Industrial establishments in which not less than 100 workmen are employed, on an average per working day and are of not being seasonal character and in which work is performed only intermittently.
(b) if the employer does not apply to seek prior permission or where such permission is refused by the competent authority specified above, to effect lay-off, such lay-off shall be considered as illegal and the workmen laid-off shall be entitled to all benefits as if they have not been laid-off.

Question 24

Layoff is temporary or permanent?

Answer 24

temporary

Question 25

Retrenchment is temporary or permamnent?

Answer 25

Permanent

Question 26

Is retrenchment is done for business strategy?

Answer 26

yes it is done for business strategy

Question 27

Weather the settlement has been reached or not, the report in either case must be submitted within __________of the commencement of conciliation proceedings or earlier.

Answer 27

14 days

Question 28

Conciliation is——

Answer 28

settlement

Question 29

Board of conciliation is temporary or permanent ?

Answer 29

Temporary

Question 30

Board of conciliation should give report within ?

Answer 30

2 months

Question 31

Board of conciliation chairman shall be an _______person.

Answer 31

independent

Question 32

During Board of conciliation period, it prohibits strike and lock-out ?

Answer 32

yes

Question 33

workers’ right to strike, employers’ right to lockout, and employers’ right to dismiss workmen, etc. ————- during the proceedings in a court to enquiry.

Answer 33

remain unaffected

Question 34

In industrial dispute act , arbitrator is known as-

Answer 34

umpire

Question 35

two types of arbitration -

Answer 35

Voluntary Arbitration

Compulsory Arbitration

Question 36

——————can be regarded as compulsory arbitration.

Answer 36

Adjudication

Question 37

For the purpose of adjudication, the Industrial Disputes Act provides a 3-tier machinery :

Answer 37

A. Labour court
B. Industrial Tribunal
C. National Tribunal

Question 38

At the end of the proceedings of adjudication an ——— is given.

Answer 38

Award

Question 39

Adjudication of Industrial disputes relating to any matters specified in the ___________ of Industrial Disputes Act.

Answer 39

second schedule

Question 40

The ____________ of the I.D. Act deals with matters within the jurisdiction of Industrial Tribunals.

Answer 40

Third Schedule

Question 41

Unfair labour practices is mentioned in -

Answer 41

Industrial Dispute Act,1947