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Industrial Relations & Labour
Laws
April 2025 Examination
1. ABC Textiles, a mid-sized
manufacturing company, has been facing disputes between its management and
workers over issues like wages, working conditions, and overtime policies. The
workers' union has requested a meeting to discuss and resolve these disputes
through collective bargaining. The management, however, is hesitant, citing
concerns over transparency and control.
As the newly appointed HR
Consultant at ABC Textiles, propose a structured framework for resolving
disputes between management and workers over wages, working conditions, and
overtime policies through collective bargaining. Your response should include:
a detailed approach to collective bargaining, key differences between
collective bargaining and cooperation, conditions for successful negotiations
in the Indian context, and an outline of roles and responsibilities for
negotiation teams. (10 Marks)
Ans 1.
Introduction
Industrial relations play a crucial role in ensuring harmony between management
and workers in any manufacturing setup. In India, the textile sector, being
labor-intensive, often faces disputes related to wages, working conditions, and
overtime policies. These disputes, if not addressed effectively, can lead to
strikes, lockouts, and reduced productivity. ABC Textiles, a mid-sized
manufacturing company, is currently experiencing such tensions between its
management and workers. The workers' union has proposed collective bargaining
as a means to address these issues,
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2. Priya, a manager at a
manufacturing company, informs her employer about her pregnancy and requests
maternity leave benefits under the Maternity Benefit Act. However, the employer
refuses, citing a lack of clarity on the conditions of payment and claiming
that her recent absenteeism disqualifies her. Priya argues that she meets all
the conditions stipulated by the Act.
Analyze the provisions of the
Maternity Benefit Act concerning conditions of payment, prohibition of
employment, and maternity benefits, discuss how the objects of the Act and key
definitions apply to Priya's case, and recommend a course of action for her to
assert her rights and ensure compliance by her employer. (10 Marks)
Ans 2.
Introduction
The Maternity Benefit Act, 1961, is a crucial piece of legislation aimed at
safeguarding the rights of working women by ensuring they receive adequate
maternity benefits. It applies to all establishments employing ten or more
employees and is designed to provide financial security, job protection, and
health benefits to pregnant women. Priya, a manager at a manufacturing company,
has rightfully requested maternity leave benefits under this Act. However, her
employer has refused, citing unclear payment conditions and previous absenteeism
as disqualifying
3a. XYZ Manufacturing employs a
significant number of daily-wage workers. Recently, during a compliance audit,
it was discovered that certain workers were being paid less than the minimum
wage prescribed by the state government. The management claims this was due to
a lack of clarity on minimum wage laws.
As
the HR Compliance Officer, explain the obligations of an employer under the
Minimum Wages Act to ensure compliance and outline the penalties for
non-compliance with the Act.
Ans
3a.
Introduction
The Minimum Wages Act, 1948, is a critical piece of labor legislation aimed at
ensuring fair compensation for workers, preventing exploitation, and promoting
economic justice. The Act mandates employers to pay wages that meet or exceed
the minimum wage prescribed by the respective state governments. In the case of
XYZ Manufacturing, the compliance audit revealed wage violations,
3b. A worker at ABC Construction
suffered a severe injury while operating machinery on-site. The management
argues that they are not liable to provide compensation as the worker did not
follow safety instructions. However, the worker claims the injury occurred due
to faulty equipment provided by the employer.
As a legal advisor, evaluate
whether the employer is liable under the Workmen’s Compensation Act, 1923, for
a worker's injury caused by machinery on-site, considering the worker's claim
of faulty equipment and the employer's defense of non-compliance with safety
instructions. Additionally, discuss the relevance of the 2009 amendments to the
Act in this context. (5 Marks)
Ans
3b.
Introduction
The Workmen’s Compensation Act, 1923, provides financial relief to workers who
suffer injuries during employment. It holds employers accountable for workplace
injuries, ensuring compensation irrespective of fault. In the case of ABC
Construction, the management argues that the worker’s non-compliance with
safety instructions absolves them of liability. However, the worker claims that
faulty machinery provided by the employer caused the injury. This situation
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