NATIONAL LAW SCHOOL OF INDIA UNIVERSITY

BANGALORE
MBL PART I SUPPLIMENT ARY EXAMINATION (FEB.) 2011
INDUSTRIAL RELATIONS LAW
KEY ANSWERS
Q.No.l. Examine the immunities available to a registered Trade Union, with the
help of case law.
Key Answer The immunities are available only to registered Trade Unions. Section 17
of the Trade Union confers immunity from criminal conspiracy to
registered Trade Union. Section 18 confers immunity from civil liability
in respect of acts done in furtherance of a trade dispute. The immunities
are confined to the objects of the Trade Union mentioned in Section 15 of
the Trade Union Act. Under Section 17 the very act of the workers going
on strike is a breach of contract of employment. According to the Section
43 of the Indian Penal Code anything which furnishes a ground for a civil
action is illegal. So workers going on strike i.e. breach of contract of
employment gives rise to civil action for damages is illegal as per Section
43.
Two or more workers committing such an illegal act is criminal
conspiracy. The Trade Union Act provides immunity for such conspiracy
as long as no offence is committed. Section 18 is to be explained: by the
candidate.
Case Law: 1) Federation of Western Indian Cine Employees Vs. Filmaya
Pvt. Ltd
2. Chrandrana Bros vs. K. Venkata Rao
Q.No.2. Explain how registration of Trade Unions is different from recognition of
Trade Union. Explain the procedure for recognition of Trade Unions.
Key Answer Registration of the Trade Unions is done at the initiative of Trade Unions.
Registrar of Trade Unions registers the Trade Unions and issues
certification of recognition. Procedures prescribed in Section 4,5, and 6 of
the Trade Unions and have to be complied (details of Section 4,5, and 6 is
to be contained in the answer) Registration is for the purpose of mainly
getting immunities under the Act and other facilities provided by the Act.
Recognition of the Trade Unions is done by the employer for the purpose
of facilitating effective, collective bargaining. There is no law requiring
compulsory recognition of Trade Unions. Generally, the management
Q.No.3.
and the Trade Unions enter into an agreement with respect of recognition
of Trade Unions. They also agree on the procedures for recognition of
Trade Unions. There are three methods of identifying strength of Trade
Unions. They are as follows:
1. Verification Method
2. Check off Method
3. Secret Ballot method
Student is required to briefly explain the above three methods.
Critically examine the challenges faced by Trade Unions in the era of
liberalization and globalization.
Key Answer Student is required to explain the following points briefly:
VRS Schemes
Sub-contracting
Collectives to individualism
Productivity linked wages
Weakening of Trade Unions
Multiplicity of Trade Unions which is inherent problem
Trade Union finances
Politicization of Trade Unions
Welfare Legislations introducing into Trade Unions Functions -
Need for strict honoring on these legislations as per the direction of
the outsourcing countries
Recession in the economy
Knowledge based industry as opposed to manufacturing industries,
they are not in favour of forming Trade Unions.
Q.NoA. Analyse the definition of 'workman' in the Industrial Disputes Act, 1947
with the help of case laws.
Key Answer The 'workman' definition consisting of meaning part, inclusive part and
exclusive part will have to be explained.
The definition does not differentiate between permanent, temporary etc.
Case Laws" H.R. Adyanthaya vs. Sandoz (India Ltd).- Constitutional
Bench decisions is to be explained. Also Sundarambal vs. Government
of Goa case also is to be explained. There may be other decisions in
addition to these two.
Distinction between workman and contractor also to be explained.
Q.No.5. Explain an Industrial dispute and also when an Individual dispute becomes
industrial dispute.
Key Answer Industrial dispute definition has to be explained. An Industrial dispute can
be raised by plurality of workers. What is the number of workers required
to raise an industrial dispute, it should be substantial numbers of workers
or a Trade Union in the organization. The explanation given to substantial
number given by the Supreme Court must be explained. The term any
person used in the definition has to be explained, using the case law,
Workmen of the Dimakuchi Estate Vs. Dimakuchi. Also they have to refer
to the Standard Vaccum Refining Co. of India Vs. Workmen.
Individual dispute deemed as Industrial dispute, 1965 amendment is to be
explained. In case of individual dispute not covered by deemed industrial
dispute, the individual dispute has to be exposed by substantial number of
fellow workers.
Q.No.6. Explain Conciliation process under the Industrial Disputes Act, 1947. Also
explain the powers of a Conciliation Officer.
Key Answer Conciliation is facilitated negotiation. The answer must contain
examination of conciliation by the Conciliation Officer as well as Board of
Conciliation. The answer must also contain compulsory conciliation in
public utility services, then the purpose is to be explained like, rising the
dispute, how it comes for the Conciliation Officer, how did Conciliation
Officer handles the parties to the dispute, the rules applied, time schedule
for conciliation etc. have to explained.
Powers of the Conciliation Officer
Can entertain existing as well as apprehended industrial disputes
Can enter the premises of the employer after giving reasonable notice
Enforce the attendance of any person for the purpose of examination
Examine the persons on oath if necessary
Compel the production of documents
Issue commission for examining the witnesses
Any disobedience prosecution is possible
Q.No.7 Critically examine the limitation on Managerial Prerogatives under the
Industrial Disputes Act, 1947.
Key Answer Section l1(A) , 9 (A) and 33 of the Industrial Dispute Act will have to be
explained. Focusing on how these sections come in the way of disciplining
the workers and also changing the service conditions unilaterally.
Candidate has to refer to leading case law like, Workmen of' Firestone
Rubber Co. of India vs. Management, Jaipur Zilla Sahakari Bank etc., by
explaining them.
Q.No.8. "The compulsory adjudication and voluntary arbitration is supposed to be
speedy and effective under the Industrial Disputes Act, 1947, but there are
many hurdles in those processes". Critically examine.
Key Answer The Compulsory Adjudication authority gets jurisdiction only by way of
reference by the appropriate government. There are problems at the
reference stage. The problems are highlighted in number of Supreme
Court cases, for example: Nirmal Singh vs. State of Punjab; Rajasthan
Road Transport vs. Krishnakant etc.,
Writ Petitions follow reference or no reference. Once the problem of
reference is over and the dispute is before the Compulsory Adjudication
Authority, Compulsory. Adjudication Authority functions at a snail face by
granting any number of adjournment. They follow the procedures like a
Civil Court which is not expected of them. The qualifications prescribed
for the Presiding Officer are in conflict with the expectation of the
Presiding Officer where in they are required to create rights and duties for
the parties before them bared on equity reasonableness and the standards
prevailing in similar industry.
The awards passed by the Compulsory Adjudication authorities are
required to be published. There is delay at the stage of publication. For
Example, cases like Remington Rand of India. Ltd., vs. Workmen ,
Grindlay Bank vs. CGIT etc. The awards are subject to judicial review.
Voluntary Arbitrator has the following hurdles:
There must be an Arbitrator Agreement . Arbitrator Agreement must be
sent to the appropriate government and the Conciliation Officer. The
appropriate government is required to publish the Arbitration agreement
which is compulsory, after Kamal Leather Karma Chari Sanghatan Vs.
Liberty Footware case, if the agreement is signed by majority of
workmen there will be second notification, hence delay at the stage of
publication of agreement. Arbitration award is also required to be
published. The award is subjected to judicial Review-Rothas India case.
Availability of competent arbitrator in the area of industrial relations.
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Q.No.9. Write Short notes on the following
a. Strike as a weapon of Collective bargaining
Strike is a weapon of the workers. It can be an effective tool only
when there is total strike. It is difficult to have total strike In many
industries because of multiplicity of Trade Unions. Strike is required
to be totally peaceful, if workers have to avail the immunities, even
marginal violence or minor offences in the course of strike will take
away the immunities.
If the strike is legal and justified then workers will be entitled to wages
otherwise no wages.
b. Political funds and General funds of a registered Trade Union
Section 15 of the Trade Union Act contains the purpose for which
General Funds of the Trade Unions can be used. Section 16 of the
Trade Union act refers to the Political Funds. Contributions to the
General Fund are compulsory by all the ordinary members.
Contributions to the Political fund are optional. There can be no
discrimination in treatment to members who are contributing to the
political funds and who are not contributing to the political funds.
Members who are not contributing to the political funds will not have
any say in the administration of it.
c. Certification procedure for Standing Orders
The employer is to submit to the Certifying officer 5 copies of the
Standing Orders proposed by him for adopting in the Industrial
Dispute establishment.
The Certifying Officer will be either Labour Commissioner or
Regional Labour Commissioner or any other officer notified as
Certifying Officer in the official gazette. Provisions shall be made in
the proposed Standing Orders for every matter set out in the schedule
to the Industrial Employment Standing Orders Act. The proposed
Standing Orders shall be as far as practicable in conformity with the
Model Standing Orders. The Certifying Officer after giving a fair
opportunity to the employer and Trade Union will have the power to
serve the Standing Orders which shall be the functioning of the
Certifying Officer to adjudicate upon the fairness or reasonableness of
the provisions of any Standing Orders
d. Collective Bargaining
It is resolving Industrial Dispute by negotiation between the workmen
and the employer. Though this method is quite common, it got its legal
recognition only in 1956. Section 18 (1) recognizes bilateral
settlements binding on the parties to settlement. Tata Chemical Vs.
Workmen case may be referred. In Collective Bargaining weapons like
strikes and lock out may be used to make the opposite party behave
reasonably. For effective Collective Bargaining there is no law
requiring compulsory recognition of Trade Unions .
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