MS - 28 - Labour Laws

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ASSIGNMENT

Course Code                                                      :                               MS - 28
Course Title                                                       :                               Labour Laws
Assignment Code                                            :                               MS-28/TMA/SEM - II/2016
Coverage                                                             :                               All Blocks

Note : Attempt all the questions and submit this assignment on or before 31st October, 2016 to the coordinator of your study centre.


Question.1. Explain the concept of social justice in relation to industrial jurisprudence. Describe the influence of ILO Conventions and Recommendations on Labour Legislation in India.

Answer:For the efficient functioning of a working unit an amicable environment, cooperation between the workers and the employers, reasonable remuneration and proper working condition are the prerequisites. From the laissez faire to the ‘welfare state’, the socio-economic conditions have faced drastic changes, not only in India but also across the world.

The industrial position that prevailed in the pre-independence era of India does not remain pristine. The industrial revolution in India brought with it certain inhumane as well as unjust aspects of the colonial era. To cope with these problems, industrial




Question.2. Describe the scope and coverage of the Mines Act, 1952. Discuss the enforcement of the Act and the provisions regarding working hours and limitation of employment under the Act.

Answer:Recovery of expenses.—The Central Government may direct that the expenses of any inquiry conducted by 1[a Committee constituted under section 12] shall be borne in whole or in part by the owner or agent of the mine concerned,



Question.3. Define object, scope and coverage of the Industrial Employment (standing orders) Act, 1946. What are the Acts or Omissions on the part of a workman which amount to misconduct under the Act?

Answer:What are ‘Standing Orders’ - ‘Standing Orders’ means rules of conduct for workmen employed in industrial establishments. ‘Standing orders’ means rules relating to matters set out in the schedule to the Act. [section 2(g)]. The schedule to the Act requires that following should be specified in Standing Orders –




Question.4. Distinguish between Minimum, Fair and Living wages. Explain the powers which the government can exercise under the minimum wages Act, 1948. Describe the objective of the minimum wages Act. To what extent do you think this objective has been attained?

Answer:The Minimum Wages Act 1948 is an Act of Parliament concerning Indian labour law that sets the minimum wages that must be paid to skilled and unskilled labours. The Indian Constitution has defined a 'living wage' that is the level of income for a worker which will ensure a basic standard of living including good health, dignity, comfort, education and provide for any contingency. However, to keep in mind an industry's capacity to pay the constitution has defined a 'fair wage'. Fair wage is that level of wage that not just maintains a level




Question.5. What is the object of the Employee provident Funds and Miscellaneous provisions Act, 1952? Explain the various modes in which the Central Provident Fund Commissioner can recover arrears of any amount due from any employer under section 8 of the Act?

Answer:The Employees' Provident Funds and Miscellaneous Provisions Act, 1952, permits the Central Government, subject to specified conditions, to exempt any establishment from the operation of all or any or the provisions of the scheme if the employees of such establishments are, without making any separate contribution or payment of premium, in enjoyment of life insurance benefits which are more favourable than the benefits

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