LLM (Labour Law) - II Sem - Ist Assignment

LL.
M—Labour & Employment Laws Assignment - I Hitesh P Kumar
MSS LAW COLLEGE

LL.M (CORPORATE & LABOUR LAWS)—II SEMESTER—2022-2023
ASSIGNMENT - I
SUBJECT: LAW AND JUSTICE IN GLOBALIZATION
1) Describe the Concept of Law and Justice?
Law and justice are fundamental concepts that play a crucial role in maintaining order and
stability in society. Law provides a framework of rules and regulations that govern human behavior
and ensure that individuals and organizations are held accountable for their actions. It is a means of
regulating social interactions and resolving disputes, as well as protecting individual rights and
ensuring that people are treated fairly.
Justice, on the other hand, is a broader concept that goes beyond the mere application of
laws. It is a moral and ethical principle that seeks to ensure that individuals are treated equitably and
that their rights are protected. Justice is about ensuring that everyone has equal access to the benefits
and resources of society and that no one is discriminated against or marginalized because of their
race, ethnicity, gender, religion, or other factors.
The relationship between law and justice is complex because laws are not always just, and
justice is not always achieved through the application of laws. For example, there have been instances
in history where laws have been used to perpetuate injustices, such as slavery, segregation, and
discrimination. In these cases, laws were used to maintain power and control over certain groups of
people, rather than to promote justice and equality.
To ensure that justice is achieved, it is important for the legal system to be designed in a way
that is fair and impartial, and for the laws to be crafted in a way that promotes justice for all. It is also
important for individuals and organizations to promote a culture of fairness and equality, and to work
towards addressing systemic inequalities that may exist within society. This can be achieved through
education, advocacy, and policy change, as well as through individual actions and interactions in daily
life.
2) What are the different organs of the State and describe the law making powers of the state?
The State is typically composed of three branches or organs, each with its own distinct
functions and responsibilities:
The Legislative Branch: This branch of government is responsible for making laws. It is composed of
elected representatives who gather in a central location (such as a parliament or congress) to debate
and vote on proposed laws. The legislative branch may also have the power to amend or repeal
existing laws. In some countries, such as the United States, the legislative branch is divided into two
chambers or houses, with each having a specific role in the lawmaking process.
The Executive Branch: This branch of government is responsible for implementing and enforcing laws.
It is headed by a chief executive (such as a president or prime minister) who is responsible for
overseeing the various departments and agencies of government. The executive branch may also have
the power to issue regulations or executive orders that have the force of law.
The Judicial Branch: This branch of government is responsible for interpreting and applying laws. It is
composed of courts and judges who hear cases and make decisions based on the law and the facts
presented. The judicial branch may also have the power to strike down laws that are deemed
unconstitutional or to interpret laws in a way that clarifies their meaning.
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LL.M—Labour & Employment Laws Assignment - I Hitesh P Kumar
The lawmaking powers of the state typically rest with the legislative branch. However, in some
cases, the executive branch may also have the power to issue regulations or executive orders that
have the force of law. The process of making laws typically involves the following steps:
Proposal: A lawmaker or a group of lawmakers proposes a bill, which is a draft of a proposed law.
Debate and Vote: The bill is debated and voted on by the legislative body, which may include
amendments or changes to the original proposal.
Approval: If the bill is approved by the legislative body, it is sent to the executive branch for approval
or veto by the chief executive.
Enactment: If the bill is approved by the executive branch, it becomes law and is published in an
official government publication.
The lawmaking powers of the state are essential for maintaining order and promoting the
welfare of society. However, it is also important for the laws to be fair, just, and responsive to the
needs of the people. Therefore, it is important for the legislative branch to be transparent and
accountable, and for the people to have a voice in the lawmaking process through various means,
such as lobbying, advocacy, and public participation.
3) Elucidate the components of Judicial powers?
The Judicial power refers to the power of the courts and judges to interpret and apply the law,
as well as to make decisions on legal disputes. The components of Judicial powers include:
Jurisdiction: Jurisdiction refers to the authority of a court to hear and decide a particular case. The
court must have the power to hear a case before it can make a decision on the matter. Jurisdiction
can be based on factors such as geographic location, subject matter, or the parties involved.
Adjudication: Adjudication refers to the process of resolving a legal dispute through a formal decision-
making process. This process typically involves a trial or hearing, where evidence is presented and
arguments are made by the parties involved. The judge or panel of judges then makes a decision based
on the law and the facts presented.
Judicial Review: Judicial review refers to the power of the courts to review the constitutionality of
laws and executive actions. This power allows the courts to declare laws or actions unconstitutional if
they violate the principles and protections established by the constitution.
Enforcement: Enforcement refers to the power of the courts to enforce their decisions and ensure
that they are carried out. This may involve issuing orders or injunctions, imposing fines or other
penalties, or ordering specific actions to be taken by the parties involved.
Interpretation: Interpretation refers to the power of the courts to interpret the meaning and
application of laws and legal principles. This allows the courts to clarify the scope and intent of laws,
and to ensure that they are applied consistently and fairly.
The components of Judicial powers are essential for ensuring that the legal system is fair, just,
and effective. By providing a means for resolving legal disputes and interpreting and applying the law,
the judicial system helps to maintain order and promote the welfare of society. It is important for the
judiciary to be independent and impartial, and for its decisions to be based on the law and the facts
presented, rather than on personal biases or political considerations.
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4) Explain any two types of Justice?
Justice is a concept that refers to fairness, impartiality, and the distribution of benefits and
burdens in a society. There are several types of justice, two of which are:
Distributive Justice: Distributive justice is concerned with the fair distribution of resources, benefits,
and burdens in a society. It holds that everyone should have an equal opportunity to obtain the goods
and services necessary for a decent life, regardless of their social status or background. This type of
justice requires that resources and opportunities be allocated based on need, merit, or some other
objective criteria, rather than on personal or arbitrary factors.
For example, a distributive justice system might require that everyone has access to basic
healthcare, education, and housing, regardless of their income or social status. It might also require
that those who are better off contribute more in taxes to support social programs that benefit those
who are less fortunate.
Restorative Justice: Restorative justice is concerned with repairing the harm caused by criminal
behavior, rather than simply punishing the offender. It seeks to address the underlying causes of
crime, such as poverty, addiction, and social marginalization, and to restore the relationships and
communities that have been harmed by criminal behavior.
Restorative justice programs typically involve a process of dialogue and negotiation between the
offender, the victim, and other stakeholders, such as community members or social workers. This
process may include apologies, restitution, community service, and other forms of reparative action,
designed to address the harm caused by the crime.
For example, a restorative justice program might require a person who has committed a non-
violent crime to participate in a community service program that benefits the community they
harmed. Alternatively, it might involve a victim and offender engaging in a facilitated dialogue
designed to promote understanding and healing.
Both distributive justice and restorative justice are important concepts that help to promote
fairness, equity, and social well-being in a society. While distributive justice focuses on the fair
distribution of resources and opportunities, restorative justice focuses on repairing the harm caused
by criminal behavior. Both concepts require a commitment to fairness, impartiality, and a willingness
to address the root causes of inequality and social harm.
5) Explain any two ideals of social justice?
Social justice is a concept that refers to the fair distribution of resources, opportunities, and
benefits within a society. It is based on the principles of equality, fairness, and the protection of human
rights. There are several ideals of social justice, two of which are:
Equity: Equity refers to the idea that resources and opportunities should be distributed fairly based
on the needs and abilities of individuals and groups, rather than on arbitrary or personal factors. In an
equitable society, everyone has access to the resources and opportunities they need to achieve their
full potential, regardless of their background or social status.
For example, an equitable society might ensure that everyone has access to quality education,
healthcare, and employment opportunities, regardless of their income or social status. It might also
ensure that those who are historically disadvantaged or marginalized are provided with additional
support to help them overcome the barriers they face.
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Human Dignity: Human dignity refers to the inherent worth and value of every human being,
regardless of their background or social status. It is the recognition that every person has the right to
be treated with respect and to have their basic needs and rights protected.
In a society that values human dignity, everyone is afforded the same basic rights and protections,
such as the right to a fair trial, freedom from discrimination, and access to basic necessities like food
and shelter. It also means that the government and other institutions are held accountable for
protecting the rights and dignity of all members of society.
Both equity and human dignity are important ideals of social justice that help to ensure that
resources and opportunities are distributed fairly, and that every person is treated with respect and
afforded the same basic rights and protections. These ideals require a commitment to fairness,
equality, and the protection of human rights, and are essential for creating a just and equitable
society.
6) Discuss about Dr. B.R.Ambedkar Socialism concept in Constitution of India.
Dr. B.R. Ambedkar was one of the key architects of the Indian Constitution and played a pivotal
role in shaping its social and economic policies. He was a firm believer in the principles of socialism,
which he saw as essential for achieving social justice and economic equality in India.
Ambedkar's vision of socialism was rooted in the idea of equal opportunity and the
redistribution of wealth and resources. He believed that the state had a responsibility to promote the
welfare of all citizens, particularly those who were disadvantaged or marginalized.
In the Constitution of India, Ambedkar's socialist ideals are reflected in several key provisions.
For example, the Preamble to the Constitution declares that India is a sovereign socialist secular
democratic republic, which recognizes the principles of social, economic, and political justice.
The Constitution also contains several provisions that promote social and economic equality.
Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth, while
Article 17 abolishes untouchability. Article 46 directs the state to promote the educational and
economic interests of weaker sections of society, including Scheduled Castes, Scheduled Tribes, and
other disadvantaged groups.
Ambedkar's socialist ideals are also reflected in the Directive Principles of State Policy, which
are non-justiciable principles that guide the government in policymaking. Several of these principles
promote social and economic equality, such as Article 39 which directs the state to secure equal pay
for equal work, and to provide adequate means of livelihood for all citizens.
Overall, Ambedkar's vision of socialism played a significant role in shaping the social and
economic policies of the Indian Constitution. His ideas have been instrumental in promoting social
justice and equality in India, particularly for the disadvantaged and marginalized sections of society.
7) Debate on Dr. Ram Manohar Lohia’s socialism Concept.
Dr. Ram Manohar Lohia was a prominent socialist thinker and activist in India, and his ideas
continue to have relevance in contemporary political discourse. Lohia's socialism was distinct from
traditional Marxist socialism, and emphasized the need for grassroots mobilization and social
transformation.
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One of the key aspects of Lohia's socialism was his emphasis on decentralization and local
governance. He believed that power should be decentralized and given to local communities, and that
democracy should be participatory and inclusive. This would, according to Lohia, allow for greater
accountability and transparency, and would help to empower marginalized communities.
Another important aspect of Lohia's socialism was his focus on social justice and equality. He
argued that India's social and economic inequalities were deep-rooted and systemic, and that these
needed to be addressed through policies that prioritized the needs of marginalized communities. This
included measures such as land reform, affirmative action, and the provision of basic necessities such
as food, shelter, and healthcare.
However, Lohia's socialism was also criticized by some for its emphasis on identity politics and
its focus on caste and community-based politics. Some critics argue that Lohia's socialism was too
narrowly focused on the needs of particular communities, and that this has contributed to a
fragmentation of Indian society.
Another criticism of Lohia's socialism is that it did not adequately address the issue of
economic inequality. While Lohia emphasized the need for social justice and equality, some argue that
his vision did not go far enough in challenging the structural inequalities of capitalism.
In conclusion, while there are valid criticisms of Lohia's socialism, his ideas continue to have
relevance in contemporary political discourse in India. Lohia's emphasis on decentralization,
participatory democracy, and social justice have contributed to the development of a distinctive brand
of Indian socialism, which continues to inspire social and political movements today.
8) Describe the Concept of Globalization and its distinctive characteristics.
Globalization is a complex and multifaceted phenomenon that has transformed the world
economy and society over the past few decades. At its core, globalization refers to the growing
interconnectedness of the world, particularly in terms of economic, cultural, and social relations.
One of the key characteristics of globalization is the increasing integration of national

economies through trade, investment, and finance. This has been facilitated by advances in
technology and transportation, which have made it easier and cheaper to move goods, capital, and
people across borders. Globalization has also led to the emergence of new forms of economic activity,
such as global value chains and outsourcing, which have reshaped the structure of the global
economy.
Another key characteristic of globalization is the spread of cultural and social norms across
borders. This has been facilitated by the rise of global media and communication technologies, which
have enabled people to connect and interact across distances. Globalization has also led to the
emergence of new cultural forms and hybrid identities, as people adapt and integrate different
cultural influences.
However, globalization has also been characterized by increasing inequality and uneven
development. While some countries and regions have benefited greatly from globalization, others
have been left behind, exacerbating existing inequalities within and between countries. This has led
to growing concerns about the social and economic costs of globalization, particularly in terms of job
displacement, environmental degradation, and cultural homogenization.
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Overall, globalization is a complex and multifaceted phenomenon that has transformed the
world economy and society in profound ways. While it has brought many benefits and opportunities,
it has also posed significant challenges and risks, which require careful attention and management.
9) Explain the neo-liberlism theories in modern era?
Neoliberalism is a set of economic and political theories that emerged in the late 20th century,
and which have had a significant impact on global economic policies and practices. Neoliberalism is
characterized by a belief in the power of markets to allocate resources and promote economic growth,
and by a commitment to reducing government intervention in the economy.
One of the key tenets of neoliberalism is the belief in free markets and free trade. Neoliberals
argue that markets are the most efficient way to allocate resources and promote economic growth,
and that government intervention in the economy should be minimized. This has led to a push for
deregulation, privatization, and liberalization of trade and investment policies.
Another key aspect of neoliberalism is the emphasis on individualism and personal

responsibility. Neoliberals argue that individuals should be responsible for their own economic
outcomes, and that the government should not provide extensive social welfare programs. This has
led to a push for reduced government spending on social welfare programs and a focus on individual
entrepreneurship and self-reliance.
Additionally, neoliberalism has emphasized the importance of international economic

integration and globalization. Neoliberals argue that global economic integration is necessary for
economic growth and that globalization will benefit all countries in the long run. This has led to a push
for free trade agreements, foreign investment, and the opening up of national economies to global
markets.
However, neoliberalism has also been criticized for exacerbating inequality and creating
winners and losers in the global economy. Critics argue that neoliberal policies have led to the erosion
of social welfare programs, the concentration of wealth and power in the hands of a few, and the
exploitation of workers and the environment in developing countries. They also argue that neoliberal
policies have led to the destabilization of national economies and the global financial system.
Overall, neoliberalism has had a significant impact on global economic policies and practices
in the modern era. While it has been credited with promoting economic growth and prosperity in
some contexts, it has also been criticized for exacerbating inequality and creating new forms of social
and economic instability.
10) Discuss the impact of Globalization with reference to consumerism.
Globalization has had a significant impact on consumerism, both in terms of the availability
and diversity of goods and services, and in terms of the cultural norms and values that shape consumer
behavior.
One of the key effects of globalization on consumerism has been the expansion of global
markets and the availability of a wide range of goods and services from different parts of the world.
Advances in transportation, communication, and logistics have made it easier and cheaper to move
goods and services across borders, and this has led to the emergence of global supply chains and the
globalization of many industries, such as fashion, food, and electronics.
Globalization has also led to the homogenization of consumer cultures, as people are exposed
to similar products, brands, and advertising messages across the world. This has led to the emergence
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of a global consumer culture, characterized by a focus on individualism, choice, and consumption as a

means of identity and status.
However, globalization has also been criticized for contributing to the excesses of
consumerism, such as overconsumption, waste, and environmental degradation. The availability and
affordability of goods and services from around the world has led to a culture of consumerism, where
people are encouraged to buy more and more products, often at the expense of the environment and
social well-being.
Additionally, globalization has also led to the exploitation of workers and resources in
developing countries, as global corporations seek to maximize profits by minimizing costs. This has led
to concerns about the ethical and social implications of global consumerism, and has led to calls for
more sustainable and responsible consumption practices.
Overall, globalization has had a significant impact on consumerism, both in terms of the
availability and diversity of goods and services, and in terms of the cultural norms and values that
shape consumer behavior. While it has brought many benefits and opportunities, it has also posed
significant challenges and risks, which require careful attention and management.
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MSS LAW COLLEGE

LL.M (Labour & Employment Laws)—II Semester—2022-2023
ASSIGNMENT - I
SUBJECT: RESOLUTION OF INDUSTRIAL DISPUTES
1) Give a detailed account on Historical background and need of Industrial dispute Act,1947.
The Industrial Disputes Act, 1947 is an important piece of legislation that governs the
resolution of industrial disputes in India. The Act was enacted to provide a legal framework for the
settlement of disputes between employers and workers, and to promote peaceful and harmonious
industrial relations.
Historical Background:
Before the Industrial Disputes Act, 1947, there was no uniform or comprehensive legislation governing
industrial relations in India. The British government had enacted a number of laws, such as the Trade
Disputes Act, 1929 and the Industrial Employment (Standing Orders) Act, 1946, but these were largely
focused on the regulation of industrial disputes and did not provide a comprehensive framework for
the resolution of disputes.
After independence, the Industrial Disputes Act, 1947 was enacted to address this need and provide
a legal framework for the resolution of industrial disputes in India.
Need for the Industrial Disputes Act, 1947:
The Industrial Disputes Act, 1947 was enacted to address several issues and challenges in industrial
relations in India, including:
 Industrial unrest and strikes: In the years leading up to independence, there were several
instances of industrial unrest and strikes in India, which were often met with harsh repression
by the British authorities.
 Protection of workers' rights: The Act was also aimed at protecting the rights and interests of
workers, who were often exploited and marginalized in the industrial sector. The Act provided
for the formation of trade unions and the recognition of workers' rights to collective
bargaining and collective action.
 Promotion of industrial growth: The Act was also aimed at promoting industrial growth and
development in India by providing a stable and predictable legal framework for industrial
relations. This was seen as essential for attracting investment and promoting economic
growth.
2) What is the Object and scope of the Industrial disputes Act,1947
The Industrial Disputes Act, 1947 is a comprehensive legislation that governs the resolution
of industrial disputes in India. The object and scope of the Act can be broadly understood in the
following points:
 To promote industrial peace and harmony: The main object of the Industrial Disputes Act,
1947 is to promote industrial peace and harmony by providing a legal framework for the
resolution of disputes between employers and workers. The Act seeks to prevent and settle
disputes through peaceful means, such as negotiation, conciliation, and arbitration.
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 To protect workers' rights: The Act provides for the recognition of workers' rights to form and
join trade unions, and to engage in collective bargaining and collective action. It also provides
for the protection of workers against victimization and unfair labor practices.
 To regulate industrial relations: The Act provides for the regulation of industrial relations by
setting out procedures for the resolution of disputes and the conduct of industrial
proceedings. It also provides for the maintenance of industrial peace and order by prohibiting
strikes and lockouts in certain situations.
 To promote social justice: The Act seeks to promote social justice by ensuring that workers
are treated fairly and justly in the workplace. It provides for the settlement of disputes
through impartial and independent machinery, and ensures that workers have access to
justice and remedies in cases of violations of their rights.
 To promote industrial growth and development: The Act seeks to promote industrial growth
and development by providing a stable and predictable legal framework for industrial
relations. It provides for the prevention and settlement of disputes through peaceful means,
which is seen as essential for promoting investment and economic growth.
3) Definition of Industry with case laws.
The term "Industry" has been defined in the Industrial Disputes Act, 1947, which is the principal
legislation governing industrial relations in India. Section 2(j) of the Act defines "Industry" as follows:
"Industry" means any systematic activity carried on by co-operation between an employer

and his workmen (whether such workmen are employed by such employer directly or by or through
any agency, including a contractor) for the production, supply or distribution of goods or services with
a view to satisfy human wants or needs (not being wants or needs which are merely spiritual or
religious in nature), whether or not:
 any capital has been invested for the purpose of carrying on such activity; or
 such activity is carried on with a motive to make any gain or profit.
This definition has been interpreted and applied by various courts in India in several cases. Some of
the important case laws on the definition of "Industry" are as follows:
 Bangalore Water Supply and Sewerage Board v. A. Rajappa (1978): In this case, the Supreme
Court held that an undertaking which supplies water to the public for a fee is an "Industry"
within the meaning of the Industrial Disputes Act, 1947. The Court held that the definition of
"Industry" is very wide and covers all systematic activities that are carried on for the
production, supply, or distribution of goods or services.
 Bangalore University v. R.V. Seshadri (1985): In this case, the Supreme Court held that an
educational institution can be an "Industry" if it is engaged in a systematic activity that is
carried on for the production, supply, or distribution of educational services for a fee. The
Court held that the fact that the institution is not carried on with a motive to make profit is
not relevant to the determination of whether it is an "Industry" under the Industrial Disputes
Act, 1947.
4) Definition of Industrial Dispute with case laws.
The Industrial Disputes Act, 1947 defines an industrial dispute 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
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or with the conditions of labour of any person. The Act provides for the resolution of such disputes
through various mechanisms, including conciliation, arbitration, and adjudication.
There have been several important cases in India that have defined and interpreted the term
"Industrial Dispute". Some of the notable case laws are as follows:
 Bank of India v. T.S. Kelawala (1990): In this case, the Supreme Court held that a dispute
between an employer and an individual employee can also be an industrial dispute if it affects
other employees or the collective interest of the workers. The Court held that the definition
of "Industrial Dispute" is wide enough to include not only disputes between groups of
workmen and their employer, but also disputes between individual workmen and their
employer, provided they have some bearing on the conditions of service of other workmen or
the general interest of the workers.
 Central Provinces Transport Services Ltd. v. Raghunath Gopal Patwardhan (1957): In this
case, the Supreme Court held that an industrial dispute need not necessarily involve a demand
by workers for better terms and conditions of employment. The Court held that a dispute
relating to the interpretation
5) Define Employer with case laws.
The term "Employer" is defined under the Industrial Disputes Act, 1947, as any person or body
of persons who employs workmen, including the legal representative of a deceased employer. The
definition is wide enough to include not only individuals but also firms, companies, corporations, and
other organizations.
"Employer". Some of the notable case laws are as follows:
 Management of Safdarjung Hospital v. Kuldip Singh (1970): In this case, the Supreme Court
held that the definition of an employer includes the management or administrative head of
an institution or establishment. The Court held that the definition is not restricted to the
person who pays the wages, but includes all persons who have control over the workmen and
are responsible for their employment.
 Municipal Corporation of Delhi v. Ganesh Razak (1970): In this case, the Supreme Court held
that a statutory body like the Municipal Corporation of Delhi can be considered as an
employer under the Industrial Disputes Act. The Court held that the term "Employer" is not
limited to individuals or private entities, but also includes public authorities and bodies.
Overall, the definition of "Employer" under the Industrial Disputes Act, 1947 is broad and
includes any person or body of persons who employs workmen. The Act provides for the resolution of
disputes between employers and employees through various mechanisms, including conciliation,
arbitration, and adjudication.
6) Explain the terms lay-off, lock-out, retrenchment.
In the context of the Industrial Disputes Act, 1947, the terms "lay-off", "lock-out", and
"retrenchment" have specific legal meanings.
Lay-off: A lay-off refers to the temporary termination of an employee's service by the employer for
reasons beyond the control of the employer. Such reasons could include shortage of raw materials,
power or any other material, or a natural calamity. Under the Act, a workman is considered to be laid
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off if he/she is not provided with work by the employer and is not given any wages during that period.
The employer is required to pay compensation to the workman for the period of lay-off.
Lock-out: A lock-out is the temporary closure of a place of employment by the employer as a means
of resolving an industrial dispute. The Act defines lock-out as the closure 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. The employer is required to give notice to the appropriate authorities before
initiating a lock-out, and the Act provides for certain restrictions on the employer's right to lock-out.
Retrenchment: Retrenchment refers to the termination of a workman's service by the employer for
any reason other than disciplinary action, voluntary retirement or expiry of a fixed term of
employment. The Act defines retrenchment as the termination by the employer of the service of a
workman for any reason whatsoever, except as provided in the Act. The Act lays down certain
procedures that an employer must follow while retrenching workers, including giving notice to the
appropriate authorities and providing compensation to the affected workmen.
Overall, the terms lay-off, lock-out, and retrenchment have specific legal meanings under the
Industrial Disputes Act, 1947 and are subject to various regulations and procedures.
7) Define workman with case laws
The term "workman" is defined under the Industrial Disputes Act, 1947 as any person
employed in an industry to do any manual, unskilled, skilled, technical, operational, clerical or
supervisory work for hire or reward. The definition includes apprentices and trainees but excludes
persons employed in a managerial or administrative capacity.
"workman". Some of the notable case laws are as follows:
 Bangalore Water Supply and Sewerage Board v. A. Rajappa (1978): In this case, the Supreme
Court held that a person who is engaged in manual, unskilled, skilled, technical, operational,
clerical or supervisory work for hire or reward, is a "workman" under the Industrial Disputes
Act, regardless of his designation or status in the organization.
 Management of U.P. State Road Transport Corporation v. Subhash Chandra Sharma (2000):
In this case, the Supreme Court held that the definition of a "workman" under the Industrial
Disputes Act includes not only permanent employees, but also temporary, casual, and daily
wage employees who are engaged in manual, unskilled, skilled, technical, operational, clerical
or supervisory work for hire or reward.
Overall, the definition of "workman" under the Industrial Disputes Act, 1947 is broad and
includes any person employed in an industry to do any manual, unskilled, skilled, technical,
operational, clerical or supervisory work for hire or reward. The Act provides various protections to
workmen and provides for the resolution of disputes between employers and workmen through
various mechanisms, including conciliation, arbitration, and adjudication.
8) Define Works committee.
The term "works committee" refers to a joint committee consisting of representatives of the
employer and the employees, established in an industrial establishment to promote better
understanding between the employer and employees and to facilitate the resolution of disputes
relating to terms and conditions of employment.
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Under the Industrial Disputes Act, 1947, a works committee is mandatory for industrial
establishments employing 100 or more workmen. The committee is composed of an equal number of
representatives from the employer and the workmen and is headed by a neutral chairman nominated
by the government or chosen by the members of the committee from among themselves.
The functions of the works committee include:
 To promote measures for securing and preserving amity and good relations between the
employer and employees.
 To provide opportunities for the exchange of views between the employer and employees on
matters of common interest or concern.
 To discuss matters relating to the improvement of productivity, working conditions, health
and safety measures, and welfare amenities for employees.
 To discuss any matter connected with the establishment that is referred to it by the employer
or the employees.
The works committee serves as a forum for the resolution of disputes and grievances, thereby
promoting industrial peace and harmony. Its recommendations are not legally binding but can provide
a basis for negotiations between the employer and employees.
9) What is court of enquiry
A court of enquiry is a legal proceeding established by the government or an industrial tribunal

to investigate and report on a matter of public importance. It is an administrative mechanism for fact-
finding and inquiry, and it is used to investigate and make recommendations on various issues,
including industrial disputes.
Under the Industrial Disputes Act, 1947, a court of enquiry may be constituted by the
appropriate government for the following purposes:
To investigate and determine the existence of an industrial dispute.
To investigate any matter that is connected with an industrial dispute.
To make recommendations for the settlement of an industrial dispute.
The court of enquiry is typically composed of a single person or a panel of persons with
expertise in the relevant area. The court has the power to summon and examine witnesses, require
the production of documents and other evidence, and take any other measures necessary for the
purpose of its inquiry.
The court of enquiry is not a judicial body and does not have the power to adjudicate on
disputes. However, its findings and recommendations may provide valuable information for
conciliation or arbitration proceedings, which may be initiated to resolve the dispute.
10) Give a detailed account on Grievance settlement Authority.
The grievance settlement authority is a mechanism established in an industrial establishment

to address and resolve grievances raised by employees. The purpose of the mechanism is to provide
a fair and prompt resolution of grievances before they escalate into a dispute.
Under the Industrial Disputes Act, 1947, the appropriate government may, by notification,
require every industrial establishment employing twenty or more workmen to establish a grievance
settlement mechanism.
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The grievance settlement authority can be set up in different forms depending on the size and
nature of the establishment. It can take the form of a grievance redressal committee, a grievance
officer, a departmental head or any other person designated by the employer to receive and redress
grievances.
The functions of the grievance settlement authority include:
 Receiving and examining grievances raised by employees.

 Investigating the facts and circumstances surrounding the grievance.
 Making a decision on the merits of the grievance and taking appropriate action to redress the
grievance.
 Communicating the decision to the employee who raised the grievance and the employer.
The decision of the grievance settlement authority is typically binding on the parties involved and
is enforceable through legal proceedings.
The establishment of a grievance settlement mechanism can promote a healthy work

environment and prevent the escalation of disputes into industrial action. It provides an opportunity
for employees to raise concerns and seek redressal in a timely and efficient manner, which can help
to build trust and cooperation between the employer and employees.
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MSS LAW COLLEGE

LL.M (Labour & Employment Laws)—II Semester—2022-2023
ASSIGNMENT - I
SUBJECT: LABOUR MANAGEMENT AND LAW RELATING TO CIVIL SERVANTS
1. Describe in detailed about Object of Holidays.
Holidays are an essential part of every individual's life as they provide an opportunity to relax,
rejuvenate, and spend quality time with family and friends. The objective of holidays can vary based
on different contexts, including social, cultural, and religious significance.
Here are some of the common objectives of holidays:
 Rest and Recreation: One of the primary objectives of holidays is to provide people with a
break from their daily routine and allow them to rest and recharge. Holidays provide an
opportunity to engage in leisure activities, pursue hobbies, or simply relax and unwind.
 Celebrations: Holidays are often associated with celebrations that commemorate important
events, historical or cultural milestones, or religious occasions. Such holidays provide people
with an opportunity to celebrate and participate in communal activities.
 Religious Observance: Many holidays have a religious significance and are observed by
followers of various faiths. These holidays provide an opportunity for people to reflect on their
spiritual beliefs and participate in religious rituals.
 Cultural Significance: Some holidays are specific to certain cultures or communities, and are
observed to preserve cultural traditions and heritage. Such holidays provide an opportunity
for people to learn more about different cultures and customs.
 National Observances: National holidays such as Independence Day, Republic Day, and Labour
Day are observed to commemorate important events in a nation's history or to honor the
contributions of its citizens. These holidays provide an opportunity for people to reflect on
their national identity and participate in patriotic activities.
In addition to these, holidays also have various benefits such as improving mental health, reducing
stress, increasing productivity, and promoting work-life balance. Therefore, it is essential for
employers to provide adequate time off to their employees to help them maintain their physical and
mental well-being.
2. What is the Concept of Wages?
Wages refer to the payment or compensation received by an employee for the work or
services they provide to an employer. It is a form of remuneration that is typically paid on an hourly,
daily, weekly, or monthly basis. The concept of wages is central to the relationship between an
employer and employee, and it is governed by various laws and regulations in different countries.
Wages can be classified into different types, depending on various factors such as the method of
payment, frequency of payment, and the type of work performed. Some common types of wages
include:
Time-based Wages: These wages are paid based on the number of hours worked by an employee. For
example, an employee may be paid an hourly rate for the number of hours worked in a day or week.
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Piece-Rate Wages: These wages are paid based on the amount of work completed or the number of
units produced by an employee. For example, a factory worker may be paid based on the number of
products they manufacture or assemble.
Salary: Salary is a fixed amount of money paid to an employee on a regular basis, usually monthly or
bi-monthly, regardless of the number of hours worked.
Commission: Commission is a form of payment where an employee receives a percentage of the sales
they generate. For example, a salesperson may be paid a commission based on the number of
products they sell.
The concept of wages is also affected by various factors such as inflation, market demand, and
the cost of living. Governments may set minimum wage laws to ensure that workers are paid a fair
wage and that they can afford to meet their basic needs. In addition, employers may offer various
benefits such as health insurance, retirement plans, and bonuses, as part of the overall compensation
package for their employees.
3. Give a detailed account of Industrial Relations
Industrial Relations refer to the interactions and relationships between employers,

employees, and their representatives, such as trade unions, in the workplace. It involves managing
the relationship between management and labor, addressing their concerns and conflicts, and
establishing a harmonious work environment. Effective industrial relations are essential for the
success of any organization, as it ensures that the workplace is productive, efficient, and peaceful.
The key components of industrial relations include:
Collective bargaining: Collective bargaining is the process of negotiation between employers and
employees, usually through their representatives such as trade unions, to establish the terms and
conditions of employment, including wages, benefits, and working conditions.
Grievance Handling: Grievance handling refers to the process of resolving conflicts and disputes
between employees and management, usually through an established grievance procedure. It
involves investigating and resolving complaints related to employment, such as discrimination,
harassment, or violation of labor laws.
Employee Participation: Employee participation involves giving employees a voice and a say in the
decision-making process of the organization. This can include involvement in discussions related to
working conditions, health and safety, or organizational policies.
Labor laws and regulations: Industrial relations are also influenced by various labor laws and
regulations, including minimum wage laws, hours of work, and workplace health and safety
regulations.
Trade Unions: Trade unions play a significant role in industrial relations by representing the interests
of employees and negotiating on their behalf with management. They advocate for better working
conditions, wages, and benefits for their members.
Effective industrial relations can have several benefits for organizations, including increased
employee satisfaction, productivity, and motivation, reduced turnover rates, and improved employee
morale. On the other hand, poor industrial relations can lead to labor disputes, strikes, and disruptions
in the workplace, which can have a significant impact on the organization's performance and
reputation.
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4. Describe in detailed about Central Administrative Tribunal?
The Central Administrative Tribunal (CAT) is a specialized judicial body that was established
under the Administrative Tribunals Act of 1985. Its main function is to adjudicate disputes and
complaints regarding recruitment, promotion, and service conditions of public servants working in the
central government and its various organizations.
The CAT has jurisdiction over matters related to recruitment, promotion, disciplinary action,
pay, and allowances of public servants working in the central government. It is empowered to hear
and determine disputes between an employee and their employer or any other authority within the
jurisdiction of the central government.
The CAT is headed by a Chairman who is appointed by the President of India. It has a total of
17 benches located across different states in India. Each bench is headed by a judicial member who is
usually a retired judge from a high court, and an administrative member who is a retired senior
government official.
The procedure followed by the CAT is similar to that of a civil court. The parties can represent
themselves or appoint an advocate to represent them. The CAT can also appoint an advocate to assist
it in the proceedings. The CAT has the power to summon witnesses, examine evidence, and pass
orders or judgments on the disputes brought before it.
The decisions of the CAT can be challenged in the respective High Courts, and subsequently in
the Supreme Court of India. However, the CAT's orders are usually final and binding on the parties
involved.
The Central Administrative Tribunal plays a crucial role in protecting the rights of public
servants working in the central government and ensuring that they are treated fairly and justly. It
provides an efficient and effective forum for the resolution of disputes related to employment and
service conditions of government employees.
5. What is Full Bench Formula?
The Full Bench Formula, also known as the Indian Labour Conference Formula, is a method
for determining wage revisions in India. It was first introduced in 1949 by the Indian government to
resolve wage disputes between employers and employees in the organized sector.
Under the Full Bench Formula, a tripartite committee consisting of representatives from the
government, employers, and employees is formed to determine wage revisions. The committee takes
into account factors such as cost of living, productivity, profitability, and other economic indicators
before arriving at a consensus on the wage increase.
The formula suggests that the wage revision should be based on the average increase in the
cost of living over a specified period of time, along with a share of the increase in productivity and
profits. The share of productivity and profits is usually divided equally between the workers and the
employers.
The Full Bench Formula has been used by the Indian government as a guideline for
determining wage revisions for workers in various industries, including the public sector. However, it
is not mandatory and can be modified or replaced by other methods for wage determination.
The Full Bench Formula has been criticized by some as being outdated and inadequate in
providing fair wages to workers. Some argue that it does not take into account the actual cost of living
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and inflation faced by workers, and that the share of productivity and profits given to workers is too
low.
Despite its limitations, the Full Bench Formula remains a widely used method for determining
wage revisions in India, and continues to be an important tool for resolving wage disputes between
employers and employees.
6. How a Fixation Machinery under Wages is constituted?
The fixation machinery for wages in India is constituted under the Minimum Wages Act of
1948. The Act provides for the establishment of committees or boards at the state and central levels
to determine minimum wages for various categories of workers.
The Fixation Machinery at the State level typically consists of:
 Minimum Wages Advisory Board - A tripartite body consisting of representatives from the
government, employers, and employees. The board makes recommendations on the
minimum wage rates for different categories of workers in the state.
 Minimum Wages Committee - A committee appointed by the government to examine the
recommendations of the advisory board and to finalize the minimum wage rates for different
categories of workers.
 Conciliation Board - A board consisting of representatives of employers and employees, which
is appointed by the government to resolve disputes related to the fixation of minimum wages.
At the central level, the fixation machinery consists of:
 Central Advisory Board - A tripartite body consisting of representatives from the central
government, state governments, employers, and employees. The board makes
recommendations on the minimum wage rates for different categories of workers at the
national level.
 Expert Committees - Committees appointed by the central government to examine the
recommendations of the advisory board and to finalize the minimum wage rates for different
categories of workers.
The Fixation Machinery is responsible for determining and revising minimum wage rates for
workers in different industries and sectors, taking into account various factors such as cost of living,
inflation, productivity, and profitability. The minimum wage rates are revised periodically to ensure
that workers are paid a fair wage that meets their basic needs.
7. How a Dearness Allowance is calculated in a Salary?
Dearness Allowance (DA) is an additional payment made to employees to help them cope with
the rising cost of living due to inflation. It is calculated as a percentage of the basic salary of an
employee.
The calculation of Dearness Allowance in a salary involves the following steps:
 Determine the base index: The base index is the Consumer Price Index (CPI) number for the
month of July of the previous year. This is used as the starting point for calculating DA.
 Determine the current index: The current index is the CPI number for the current month.
 Calculate the increase in index: The increase in index is the difference between the current
index and the base index.
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 Divide the increase in index by the base index: The increase in index is divided by the base
index to arrive at the percentage increase in DA.
 Multiply the percentage increase in DA by the basic salary: The percentage increase in DA is
multiplied by the basic salary to arrive at the DA amount.
For example, if the base index is 100 and the current index is 120, the increase in index is 20. Dividing
20 by 100 gives a percentage increase of 20%. If the basic salary is Rs. 20,000, the DA amount will be
Rs. 4,000 (20% of Rs. 20,000).
The calculation of DA may vary depending on the organization and the agreement between
the employer and the employee. Some organizations may use a different base index or formula for
calculating DA.
8. Give a detailed description of Suspension.
Suspension is a disciplinary action taken by an employer against an employee for alleged

misconduct or any other violation of company rules. It is a temporary removal of an employee from
his/her job, duties and responsibilities for a specific period of time, pending the completion of an
investigation or a disciplinary process.
The purpose of suspension is to prevent the employee from causing further harm to the
company or its employees, to protect the integrity of the investigation, and to give time for the
employer to gather evidence and make a decision on the next course of action.
Suspension can be imposed with or without pay, depending on the company's policy and the
nature of the misconduct. An employee who is suspended without pay is not entitled to receive any
salary or benefits during the period of suspension.
Some key features of suspension are:
 It is a temporary measure: Suspension is a temporary measure, and the employee is expected

to return to work after the suspension period is over.
 It is not a punishment: Suspension is not a punishment, but rather a precautionary measure
to protect the interests of the company and its employees.
 It must be based on valid reasons: Suspension must be based on valid reasons such as alleged
misconduct, violation of company rules, or any other serious breach of trust.
 The employee must be informed of the reasons for suspension: The employer must inform
the employee of the reasons for suspension, and the duration of the suspension period.
 The employee has the right to defend himself/herself: The employee has the right to defend
himself/herself against the allegations of misconduct, and the employer must provide an
opportunity for the employee to do so.
It is important for employers to follow a fair and transparent process while imposing
suspension on an employee. If an employee feels that he/she has been unfairly suspended, he/she
may approach the relevant authorities or take legal action against the employer.
9. What are the various Fundamental Rights?
Fundamental Rights are the basic rights and freedoms that are guaranteed to every citizen of
India under the Indian Constitution. They are enshrined in Part III of the Constitution and are
considered to be the cornerstone of Indian democracy. The various Fundamental Rights are:
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 Right to Equality (Articles 14-18): This includes equality before the law, prohibition of
discrimination on grounds of religion, race, caste, sex or place of birth, and equality of
opportunity in matters of employment or appointment to any office.
 Right to Freedom (Articles 19-22): This includes freedom of speech and expression, freedom
of assembly, freedom of association, freedom of movement throughout the territory of India,
and freedom to practice any profession or to carry on any occupation, trade or business.
 Right against Exploitation (Articles 23-24): This includes prohibition of traffic in human beings
and forced labor, and prohibition of employment of children in factories, mines, and other
hazardous occupations.
 Right to Freedom of Religion (Articles 25-28): This includes freedom of conscience and the
right to freely profess, practice, and propagate religion subject to public order, morality, and
health.
 Cultural and Educational Rights (Articles 29-30): This includes the right of any section of
citizens to conserve their culture, language, script or any other mode of expression, and the
right of minorities to establish and administer educational institutions of their choice.
 Right to Constitutional Remedies (Article 32): This includes the right to move the Supreme
Court for the enforcement of Fundamental Rights, and the power of the Supreme Court to
issue writs for the protection of Fundamental Rights.
These Fundamental Rights are enforceable by the judiciary and are considered to be the
bedrock of Indian democracy. They ensure that every citizen has the freedom to live with dignity,
equality, and justice, and provide a mechanism for citizens to seek redressal in case of any violation
of these rights.
10. What are the Fundamental Duties?
Fundamental Duties are a set of moral and civic responsibilities that are expected of every
citizen of India. These duties are enshrined in Part IV-A of the Indian Constitution, which was added
by the 42nd Amendment Act, 1976. The Fundamental Duties were added to the Constitution as a
reminder to citizens that their rights are accompanied by responsibilities towards society and the
nation as a whole. The ten Fundamental Duties are:
 To abide by the Constitution and respect its ideals and institutions.

 To cherish and follow the noble ideals which inspired our national struggle for freedom.
 To uphold and protect the sovereignty, unity, and integrity of India.
 To defend the country and render national service when called upon to do so.
 To promote harmony and the spirit of common brotherhood amongst all the people of India,
transcending religious, linguistic, and regional or sectional diversities.
 To value and preserve the rich heritage of our composite culture.
 To protect and improve the natural environment including forests, lakes, rivers, and wildlife,
and to have compassion for living creatures.
 To develop the scientific temper, humanism, and the spirit of inquiry and reform.
 To safeguard public property and to abjure violence.
 To strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavor and achievement.
While these duties are not enforceable by law, they serve as a guiding principle for citizens to
uphold the values and ideals of the Constitution and work towards the betterment of the nation.
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MSS LAW COLLEGE

LL.M—II SEMESTER (LABOUR & EMPLOYMENT LAWS)-2022-2023
ASSIGNMENT - I
SUBJECT: LAW RELATING TO LABOUR WELFARE
1) What are the features of Constitution and Labour Welfare – What is Right to Work?
Labour welfare is a part of the larger framework of constitutional provisions that aim to secure
social and economic justice for all citizens. Some of the features of the Indian Constitution related to
labour welfare are:
Fundamental Rights: The Constitution guarantees certain fundamental rights to every citizen of India,
including the right to equality, the right to work, the right to a fair wage, the right to form unions and
associations, and the right to social security.
Directive Principles of State Policy: The Constitution includes a set of guidelines for the government
to follow while framing laws and policies, aimed at promoting the welfare of the people and creating
a just society. These principles are not legally enforceable but are considered fundamental to the
governance of the country.
Right to Work: The right to work is a constitutional right in India, which ensures that every citizen has
the right to seek employment and work in a safe and healthy environment. The government is
required to take measures to ensure full employment and provide training and skill development
opportunities to workers.
Social Security: The Constitution provides for social security measures such as old age pensions,
disability benefits, and maternity benefits to workers.
Health and Safety: The Constitution requires the government and employers to provide safe working
conditions and ensure the health and safety of workers in the workplace.
Minimum Wages: The Constitution allows the government to set a minimum wage for workers in
various industries to ensure that they are paid a fair wage for their work.
Right to Strike: Workers in India have the right to strike, which allows them to protest against unfair
labour practices or demand better working conditions. The Constitution guarantees this right but also
places certain restrictions on its exercise.
In summary, the Constitution of India provides a framework for ensuring the welfare of
workers and protecting their rights in the workplace. The right to work is one of the fundamental
rights guaranteed by the Constitution, and it is complemented by other provisions related to social
security, health and safety, and minimum wages.
2) What is Bonded Labour and distinguish it from Child Labour?
Bonded labor and child labor are both forms of labor exploitation, but they differ in some
important ways.
Bonded labor, also known as debt bondage, is a situation in which a person is forced to work to repay
a debt. The debt may be real or fictitious, and the laborer may be required to work for a specific
period, which is often longer than the actual value of the debt. Bonded laborers are typically subjected
to physical and psychological abuse, and they have limited freedom to leave their place of work.
Bonded labor is considered a form of modern-day slavery and is prohibited by international law.
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Child labor, on the other hand, refers to any work that deprives children of their childhood, their
potential, and their dignity, and that is harmful to their physical and mental development. Child labor
includes work that is mentally, physically, socially, or morally dangerous and harmful to children, or
interferes with their education. Child labor is considered a violation of children's rights and is also
prohibited by international law.
In summary, the main differences between bonded labor and child labor are:
Cause: Bonded labor is caused by debt, while child labor can be caused by poverty, lack of education,
or other factors.
Age: Bonded labor can affect people of any age, while child labor specifically refers to work performed
by children under the age of 18.
Nature of work: Bonded labor often involves physically demanding work in hazardous conditions,
while child labor can include a range of work that is harmful to children's physical and mental health
and development.
Legal status: Bonded labor is considered a form of modern-day slavery and is prohibited by
international law, while child labor is also prohibited and considered a violation of children's rights.
3) What is the Law relating to protection of Women in work place in international conventions?
There are several international conventions that address the protection of women in the
workplace, including:
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW): This
convention, adopted by the United Nations General Assembly in 1979, is often described as an
international bill of rights for women. It requires countries to eliminate discrimination against women
in all areas of life, including the workplace, and to ensure that women have equal access to
employment, social security, and other benefits.
International Labour Organization (ILO) Conventions: The ILO has adopted several conventions that
address the protection of women in the workplace, including the Maternity Protection Convention
(No. 183), which requires countries to provide maternity leave and other benefits to pregnant and
breastfeeding women, and the Convention Concerning Equal Remuneration for Men and Women
Workers for Work of Equal Value (No. 100), which requires countries to ensure that men and women
receive equal pay for equal work.
Beijing Declaration and Platform for Action: This declaration, adopted at the Fourth World
Conference on Women in 1995, includes a section on women and the economy, which calls for the
elimination of discrimination against women in the workplace and the promotion of equal
opportunities for women in employment and entrepreneurship.
United Nations Sustainable Development Goals (SDGs): The SDGs include a goal on gender equality,
which aims to eliminate discrimination against women and girls in all areas of life, including the
workplace. The goal includes specific targets related to promoting women's participation in the labor
force, ending gender-based violence and harassment in the workplace, and ensuring equal pay for
equal work.
In summary, international conventions such as CEDAW and ILO conventions, as well as the
Beijing Declaration and SDGs, recognize the importance of protecting women's rights in the workplace
and call for action to eliminate discrimination and promote gender equality.
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4) What is Minimum Wage –What are the various Types of wage?
Minimum wage is the lowest amount of remuneration that employers are legally required to
pay to their employees for the work performed. It is set by law or by a special wage board or
commission and varies by country and jurisdiction. The purpose of minimum wage is to ensure that
workers receive a fair wage for their work and to prevent employers from exploiting workers by paying
them less than what they are worth.
There are several types of wages, including:
Time Wage: This is a wage that is paid based on the amount of time worked, such as an hourly rate or
a weekly or monthly salary.
Piece Wage: This is a wage that is paid based on the amount of work completed or the number of
pieces produced, such as a rate per unit of production.
Commission: This is a wage that is paid as a percentage of the sales made or the revenue generated
by the employee.
Bonus: This is an additional payment made to employees as a reward for their performance or to
incentivize certain behaviors or outcomes.
Profit Sharing: This is a type of wage in which employees receive a share of the company's profits in
addition to their regular salary or wage.
Living Wage: This is a wage that is set above the minimum wage and is designed to provide workers
with enough income to cover their basic needs and expenses.
In addition to these types of wages, there are also various forms of non-wage compensation,
such as benefits packages that include health insurance, retirement plans, and paid time off.
5) What are the various theories of wage-payment of wages?
There are several theories of wage payment that have been proposed over the years. Some
of the most significant ones are:
Marginal productivity theory: According to this theory, wages are determined by the marginal
productivity of labor. This means that workers are paid based on the value of the additional output
they produce, which is referred to as their marginal product. If workers are more productive, they will
be paid more, and if they are less productive, they will be paid less.
Subsistence theory: This theory suggests that wages are determined by the minimum level of income
that workers need to survive. According to this theory, employers will pay workers the minimum
amount necessary to keep them from starving or being unable to work.
Bargaining theory: This theory posits that wages are determined by the bargaining power of workers
and employers. In this view, workers will be paid what they can negotiate with their employers, and
wages will depend on the relative bargaining power of each party.
Institutional theory: This theory suggests that wages are determined by social and institutional
factors, such as labor laws, unionization, and government regulations. According to this theory, wages
are not solely determined by economic factors, but are also influenced by broader social and political
factors.
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Human capital theory: This theory argues that wages are determined by the skills and education of
workers. According to this view, workers with more skills and education will be paid more than those
with fewer skills and education.
These are some of the most important theories of wage payment, and each one has its
strengths and weaknesses. In reality, wage determination is influenced by a complex set of factors,
including market conditions, social norms, and government policies, among others.
6) What is Bonus & Dearness allowance?
Bonus and Dearness Allowance (DA) are two types of additional payments that are sometimes
provided to employees in addition to their regular salary or wages. Here is an overview of each:
Bonus: A bonus is a one-time payment that is made to employees as a reward for their performance
or to incentivize certain behaviors or outcomes. Bonuses can be paid in various forms, such as cash,
stock options, or other benefits. Some common types of bonuses include performance bonuses,
retention bonuses, and sign-on bonuses.
Dearness Allowance (DA): Dearness Allowance is a type of allowance that is provided to employees
to help them cope with inflation and rising living costs. DA is usually calculated as a percentage of an
employee's basic salary, and it is typically adjusted periodically to reflect changes in the cost of living.
DA is commonly provided in the public sector, particularly in government jobs, but it may also be
provided by some private sector employers.
In summary, while bonus is a one-time payment made to employees as a reward or incentive,

Dearness Allowance is a recurring payment made to help employees cope with rising living costs. Both
are forms of additional compensation that may be provided by employers to attract and retain
employees and to reward their performance.
7) Describe about the following components of a Salary:
(a)HRA, (b)CCA, (c)MA, (d)LTC, (e)Leave encashment, (f)overtime allowance, (g)cash incentives,
(h)conveyance allowance?
Here is a brief description of each of the components of a salary mentioned:
(a) HRA (House Rent Allowance): HRA is a component of a salary that is provided to employees to
help them meet the cost of renting a home. HRA is usually calculated as a percentage of an employee's
basic salary, and the exact percentage may vary depending on the city or town where the employee
is based.
(b) CCA (City Compensatory Allowance): CCA is a type of allowance that is provided to employees
who work in cities or towns that have a higher cost of living than other parts of the country. CCA is
usually calculated as a percentage of an employee's basic salary, and the percentage may vary
depending on the location and the size of the employer.
(c) MA (Medical Allowance): MA is a component of a salary that is provided to employees to cover

the cost of medical expenses. MA may be provided as a fixed amount or as a percentage of an
employee's basic salary, and it may be taxable or non-taxable depending on the rules in the country
or jurisdiction where the employee is based.
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(d) LTC (Leave Travel Concession): LTC is a type of allowance that is provided to employees to cover
the cost of travel when they take a leave of absence from work. LTC may be provided as a fixed amount
or as a percentage of an employee's basic salary, and it may be taxable or non-taxable depending on
the rules in the country or jurisdiction where the employee is based.
(e) Leave Encashment: Leave encashment is a component of a salary that allows employees to convert
unused leave days into cash. Leave encashment may be provided as a fixed amount or as a percentage
of an employee's basic salary, and it may be taxable or non-taxable depending on the rules in the
country or jurisdiction where the employee is based.
(f) Overtime Allowance: Overtime allowance is a component of a salary that is provided to employees
who work additional hours beyond their regular working hours. Overtime allowance may be calculated
as a fixed amount or as a percentage of an employee's basic salary, and it may be taxable or non-
taxable depending on the rules in the country or jurisdiction where the employee is based.
(g) Cash Incentives: Cash incentives are a type of payment that is provided to employees as a reward
for their performance or to incentivize certain behaviors or outcomes. Cash incentives may be
provided as a fixed amount or as a percentage of an employee's basic salary, and they may be taxable
or non-taxable depending on the rules in the country or jurisdiction where the employee is based.
(h) Conveyance Allowance: Conveyance allowance is a component of a salary that is provided to

employees to help them cover the cost of commuting to and from work. Conveyance allowance may
be calculated as a fixed amount or as a percentage of an employee's basic salary, and it may be taxable
or non-taxable depending on the rules in the country or jurisdiction where the employee is based.
8) What is National wage policy? Salient features of payment of wages Act and What are the
consequences of Denial of minimum wage as forced Labour.
National Wage Policy:
National Wage Policy refers to the policy framework adopted by the government of a country
to establish fair and equitable wages for workers in various industries and sectors. In India, the
National Wage Policy was first formulated in 1957, and it has been revised several times since then.
The main objectives of the National Wage Policy are to ensure that workers receive fair wages that
are commensurate with their skills and productivity, and to promote social justice and equitable
growth in the economy.
Salient features of the Payment of Wages Act:
The Payment of Wages Act, 1936 is an important piece of legislation in India that governs the
payment of wages to workers in various industries and sectors. The salient features of the Payment of
Wages Act include:
 The Act applies to all employees in all industries and sectors, except for those who earn more
than a specified amount per month.
 The Act requires employers to pay wages in a timely and regular manner, either in cash or
through electronic means.
 The Act specifies the various deductions that can be made from an employee's wages, such
as for taxes, social security contributions, and other legally mandated deductions.
 The Act requires employers to maintain accurate and up-to-date records of wages paid to
their employees.
24
 The Act provides for penalties and other legal remedies for employees who are not paid their
wages in accordance with the provisions of the Act.
Consequences of denial of minimum wage as forced labor:
Denial of minimum wage to workers can lead to various consequences, including forced labor.
Some of the consequences of denial of minimum wage as forced labor include:
 Workers may be forced to work long hours or under hazardous conditions without adequate
compensation.
 Workers may be subjected to physical, mental, or emotional abuse by their employers.
 Workers may be unable to meet their basic needs or those of their families, leading to poverty
and deprivation.
 Workers may be forced to borrow money or sell their assets to meet their expenses, leading
to debt and financial insecurity.
 Workers may be unable to leave their jobs or seek better opportunities due to their
dependence on their employers for their livelihoods.
In addition to the humanitarian consequences, the denial of minimum wage as forced labor is also
illegal under international labor laws and can result in penalties and legal action against the
employers.
9) What are the ILO standards for Labour? What is International convention for Labour welfare?
ILO Standards for Labour:
The International Labour Organization (ILO) is a specialized agency of the United Nations that
is dedicated to promoting social justice and decent working conditions for workers around the world.
The ILO has developed a range of international standards for labour, which are designed to ensure
that workers enjoy basic rights and protections in the workplace. Some of the key ILO standards for
labour include:
 Freedom of association and the right to collective bargaining

 Prohibition of forced labour and child labour
 Equal remuneration for work of equal value
 Non-discrimination in employment and occupation
 Occupational health and safety
 Social security protections
 Protection against exploitation and abuse in the workplace
International Convention for Labour Welfare:
The International Convention for Labour Welfare is a convention adopted by the ILO in 1952.
The convention sets out a range of principles and standards for the promotion of labour welfare, with
the aim of improving the quality of life and working conditions for workers around the world. Some
of the key provisions of the convention include:
 The promotion of vocational training and education for workers

 The provision of adequate housing and living conditions for workers and their families
 The promotion of social security protections, including health care and pension benefits
 The protection of workers from occupational hazards and diseases
25
10) Describe in detailed about Universal Declaration of Human Rights and International Covenant
on Civil and Political Rights.?
Universal Declaration of Human Rights (UDHR):
The Universal Declaration of Human Rights (UDHR) is a landmark document adopted by the
United Nations General Assembly in 1948. It sets out a broad range of fundamental human rights that
are considered to be universal and inalienable. The UDHR consists of 30 articles, which include
provisions on civil, political, economic, social, and cultural rights. Some of the key provisions of the
UDHR include:
 The right to life, liberty, and security of person

 The right to freedom of thought, conscience, and religion
 The right to freedom of opinion and expression
 The right to work and to just and favorable conditions of work
 The right to education and to participate in cultural life
 The right to a standard of living adequate for health and well-being
The UDHR is not legally binding, but it has been widely influential in shaping international human
rights law and policy.
International Covenant on Civil and Political Rights (ICCPR):
The International Covenant on Civil and Political Rights (ICCPR) is a treaty adopted by the
United Nations General Assembly in 1966. The ICCPR is one of the two main international human
rights treaties, along with the International Covenant on Economic, Social, and Cultural Rights. The
ICCPR sets out a range of civil and political rights that are considered to be universal and inalienable.
Some of the key provisions of the ICCPR include:
 The right to life, liberty, and security of person

 The right to freedom of thought, conscience, and religion
 The right to freedom of opinion and expression
 The right to peaceful assembly and association
 The right to a fair trial and due process of law
 The prohibition of torture and other cruel, inhuman, or degrading treatment or punishment
The ICCPR is legally binding on the states that have ratified it. States that have ratified the ICCPR
are required to submit periodic reports to the United Nations on their implementation of the treaty.
The ICCPR also establishes a committee of experts to monitor the implementation of the treaty and
to provide guidance to states on their obligations under the treaty.
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LLM (Labour Law) - II Sem - Ist Assignment

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M—Labour & Employment Laws Assignment - I Hitesh P Kumar

MSS LAW COLLEGE

1) Describe the Concept of Law and Justice?

3) Elucidate the components of Judicial powers?

4) Explain any two types of Justice?

5) Explain any two ideals of social justice?

6) Discuss about Dr. B.R.Ambedkar Socialism concept in Constitution of India.

7) Debate on Dr. Ram Manohar Lohia’s socialism Concept.

8) Describe the Concept of Globalization and its distinctive characteristics.

One of the key characteristics of globalization is the increasing integration of national

9) Explain the neo-liberlism theories in modern era?

Another key aspect of neoliberalism is the emphasis on individualism and personal

Additionally, neoliberalism has emphasized the importance of international economic

10) Discuss the impact of Globalization with reference to consumerism.

of a global consumer culture, characterized by a focus on individualism, choice, and consumption as a

MSS LAW COLLEGE

Need for the Industrial Disputes Act, 1947:

2) What is the Object and scope of the Industrial disputes Act,1947

3) Definition of Industry with case laws.

"Industry" means any systematic activity carried on by co-operation between an employer

4) Definition of Industrial Dispute with case laws.

5) Define Employer with case laws.

6) Explain the terms lay-off, lock-out, retrenchment.

7) Define workman with case laws

8) Define Works committee.

The functions of the works committee include:

9) What is court of enquiry

A court of enquiry is a legal proceeding established by the government or an industrial tribunal

To investigate and determine the existence of an industrial dispute.

To investigate any matter that is connected with an industrial dispute.

To make recommendations for the settlement of an industrial dispute.

10) Give a detailed account on Grievance settlement Authority.

The grievance settlement authority is a mechanism established in an industrial establishment

The functions of the grievance settlement authority include:

 Receiving and examining grievances raised by employees.

The establishment of a grievance settlement mechanism can promote a healthy work

MSS LAW COLLEGE

1. Describe in detailed about Object of Holidays.

Here are some of the common objectives of holidays:

2. What is the Concept of Wages?

3. Give a detailed account of Industrial Relations

Industrial Relations refer to the interactions and relationships between employers,

The key components of industrial relations include:

4. Describe in detailed about Central Administrative Tribunal?

5. What is Full Bench Formula?

6. How a Fixation Machinery under Wages is constituted?

The Fixation Machinery at the State level typically consists of:

At the central level, the fixation machinery consists of:

7. How a Dearness Allowance is calculated in a Salary?

The calculation of Dearness Allowance in a salary involves the following steps:

8. Give a detailed description of Suspension.

Suspension is a disciplinary action taken by an employer against an employee for alleged

Some key features of suspension are:

 It is a temporary measure: Suspension is a temporary measure, and the employee is expected

9. What are the various Fundamental Rights?

10. What are the Fundamental Duties?

 To abide by the Constitution and respect its ideals and institutions.

MSS LAW COLLEGE