UNIVERSITY OF DELHI, LL.B. III Term Paper – LB – 3032 - Labour Law - I

Objectives of the Course

The primary objective of this course is to draw attention of the students briefly to the
march of the industrial society from laissez faire era to the dawn of the concept of welfare
state and the need for state intervention in the area of employer-employee relationship for
achieving higher economic growth tempered with social justice; need for which is more
imperative in the present day era of globalization when both developed and developing
economies have framed new economic policies. The students need to be acquainted with the
historical perspective relating to the development of trade unions of workers in various
countries which has been more or less the same. The struggle of the workers to replace
individual bargaining by collective bargaining to achieve better economic and social progress
was intense and painful. Employers thwarted their attempt to combine by invoking the
doctrine of restraint of trade against their combinations and used doctrines of civil and
criminal conspiracies against them to expose them to economic and physical hardships. It was
in this background that State intervention became necessary to declare such combinations of
workers as lawful bodies symbolizing their aspirations, their right to organise and right to
press their demands collectively and to resort to industrial actions if their claims were not
accepted. For this purpose, they were granted immunities in a limited way against the doctrine of restraint of trade and acts amounting to simple conspiracies, both civil and criminal. The students need also to know about the relevance and importance of trade unions in the present global economic scenario in achieving the object of overall economic development, better conditions of employment and job opportunities for teeming millions.
In most countries, the state has provided legal framework which establishes general
ground rules for union management interaction and for the purposes of bringing out amicable settlement of industrial conflicts. Additionally, provision of state service for conciliation, mediation and arbitration with a view to facilitating the settlement of industrial dispute is envisaged by law so that the production of goods and supply of various services to the society are ensured, as far as possible, without any disruption, if mutual negotiations in the form of collective bargaining fail to bring a settlement of the dispute. The other important functions of the state has been to establish minimum standards which an employer must adopt and which provide the base line on which collective bargaining with the employer for securing higher standards takes place. The state has basic duty to bring equilibrium amongst the competing and conflicting interests in the society namely, the capital, the workers and the society at large.

The course of Labour Law - I has been designed to generate understanding amongst the students about the objectives of the labour legislations and enable them to critically examine the developments and changes that have taken place in the field of labour law from time to time. The course introduces the students to the three important legislations, viz. the Trade Unions Act, 1926, the Industrial Disputes Act, 1947 and the Industrial Employment (Standing Orders) Act, 1946, which regulate industrial relations at the Central level in India. The primary objectives of this course are:

1) To familiarize the students with the need for enactment of the Trade Unions Act,
1926 which declares trade unions as legitimate bodies, provides immunities to the
registered trade unions, their members and office bearers against the general law
liabilities, namely, restraint of trade and conspiracy, both civil and criminal, as long
as the primary object is to further legitimate trade union objectives in a peaceful
manner.

2) To familiarize the students with the provisions of the Industrial Disputes Act, 1947
which provides for settlement of industrial disputes through conciliation, voluntary
arbitration and compulsory adjudication and to bring home to the students the
importance of the basic concepts used in it and the social responsibilities imposed on
the employer in certain situations in tune with constitutional mandate brought about
by various amendments to the act in the post-constitutional period.

3) To familiarize the students with the need for providing uniform statutory conditions
of service in the form of certified standing orders under the Industrial Employment
(Standing Orders) Act, 1946.

4) To examine whether the present legal framework provided by the state is adequate to
meet the challenges of globalization and to keep the students abreast of the latest
developments in the present economic order and discuss critically the resultant
changes that need to be made in industrial relations law for achieving higher
economic growth tempered with social justice.

General Readings:

1. Report of the National Commission on Labour (1969)
2. Report of the Second National Commission on Labour (2002)
Prescribed Legislation: 1. The Trade Unions Act, 1926
2. The Industrial Disputes Act, 1947
3. The Industrial Employment (Standing Orders) Act, 1946

Prescribed Books:

1. G.B. Pai, Labour Law in India (2001)
2. P.L. Malik, K.D. Srivastava’s Law Relating to Trade Unions and Unfair Labour
Practices in India (4th ed., 2002, with Supplement 2003)
3. S.C. Srivastava (Rev.) Labour Law and Labour Relations : Cases and Materials (Indian
Law Institute, 2007)
4. E. M. Rao, O.P. Malhotra’s The Law of Industrial Disputes (6th ed., 2004)
5. K.D. Srivastava, Industrial Employment (Standing Orders) Act, 1946 (4th ed., 1998 with
Supplement 2003)

PART – A : TRADE UNIONS

The primary object of trade unions is to replace individual negotiation by collective
bargaining with a view to ensure uniform and reasonable terms of employment and conditions of labour between the management and the representatives of trade unions in the interest of workers which would ultimately lead to lasting peace and harmony in the industry. The fundamentals of trade unionism are: (i) Right to form association (guaranteed to workers and/or employers as a fundamental or an ordinary right or both; (ii) Right of a trade union to be recognized as sole bargaining agent for the workers at the plant, local or national level; Right to collective bargaining (as a statutory obligation to bargain in good faith on voluntary basis); (iv) Right to permissible industrial action for bringing the parties to a negotiating table; and (v) Prevention of unfair labour practices.

The right to form associations or unions is a fundamental right under Article 19(1)(c) of
the Constitution of India. The right to form associations and unions and their registration was recognized for conferring certain rights on trade unions. The necessity to form unions is
obviously for voicing the demands and grievances of labour. Trade unionists act as
mouthpieces of labour.

Topic 1 : General – Evolution and Growth of Trade Unions in India

Historical reasons for the formation of combinations of workers, legal impediments;
Constitutional freedom to form associations and unions – Constitution of India, Articles
19(1)(c), (4) and 33; International Labour Organisation - its influence in bringing changes in
national legislations.
1. T.K. Rangarajan v. Government of Tamil Nadu (2003) 6 SCALE 84 1
2. B.R.. Singh v. Union of India (1989) 4 SCC 710 4

Topic 2 : Trade Union – Definition, Registration and Recognition

Definitions of ‘trade union’, ‘workman’ and ‘trade dispute’ - The Trade Unions Act, 1926,
sections 2(g) and (h), 3-13, 15, 22
3. Rangaswami v. Registrar of Trade Unions, AIR 1962 Mad. 231 13
4. The Tamil Nad Non-Gazetted Government Officers’ Union, Madras
v. The Registrar of Trade Unions, AIR 1962 Mad. 234 18
5. Registrar of Trade Unions v. Government Press Employees Union
(1976) Lab 1C 280 (Mad.) 25
6. Tirumala Tirupati Devasathanam v. Commissioner of Labour
(1995) Supp.(3) SCC 653 29
7. Tirumala Tirupati Devasthanam v. Govt. of A.P.
(1995) Supp. (3) SCC 654
8. Delhi Police Non-Gazetted Karamchari Sangh v. Union of India,
AIR 1987 SC 379
9. S.A. Sawant v. State of Maharashtra, AIR 1986 SC 617
10. In Re Inland Steam Navigation Worker’s Union, AIR 1936 Cal. 59 31
11. Chairman, SBI v. All Orissa State Bank Officers Association,
AIR 2002 SC 2279

Topic 3 : Immunities – Criminal and Civil

The Trade Unions Act, 1926, sections 17 and 18; The Indian Penal Code, sections 120-A, 120-B
12. R.S. Ruikar v. Emperor, AIR 1935 Nag. 149 35
13. Rohtas Industries Staff Union v. State of Bihar, AIR 1963 Pat. 170
(Also see Rohtas Industries v. Its Union, AIR 1976 S.C. 425) 38
14. Standard Chartered Bank v. Chartered Bank Employees Union
(1997) 68 DLT 391 45
15. Common Cause v. Union of India (1996) 1 C.C.C. 242 (NCDRC) 50

PART – B : INDUSTRIAL DISPUTES

Topic 4 : ‘Industry’ – Conceptual Analysis

The Industrial Disputes Act, 1947, section 2(j)
16. Bangalore Water Supply and Sewerage Board v. A. Rajappa,
AIR 1978 SC 548 57
17. General Manager, Telecom v. A. Srinivasa Rao (1997) 8 SCC 767 101
18. Coir Board, Ernakulam v. Indira Devi, PS (I), AIR 1998 SC 2801
19. Coir Board, Ernakulam, Kerala State v. Indira Devi,PS (II)
(2000) 1 SCC 224
20. M.G.T. of Som Vihar Apartment Owners Housing Maintenance
Society Ltd. v. Workmen, AIR 2002 SC 2530
21. State of U.P. v. Jai Bir Singh (2005) 5 SCC 1 103

Topic 5 : ‘Industrial Dispute’ v. ‘Individual Dispute’ - Contrast

The Industrial Disputes Act, 1947, sections 2(k), 2A
22. Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi
Tea Estate, AIR 1958 SC 353 118
23. Bongalgaon Refinery & Petrochemicals Ltd. v. Samijuddin Ahmed,
AIR 2001 SC 3507
24. Municipal Corporation of Delhi v. Female Workers (Muster Roll)
AIR 2000 SC 1274 : (2000) 3 SCC 224 126
25. J.H. Jadhav v. Forbes Gokak Ltd. (2005) 3 SCC 202 131

Topic 6 : Concept of ‘Workman’

Distinction between contract for services and contract of service: Due control and supervision
test; Predominant nature of duty test, The Industrial Disputes Act, 1947, section 2(s)
26. Dharangadhra Chemical Works Ltd. v. State of Saurashtra,
AIR 1957 SC 264 134
27. Mangolore Ganesh Bidi Workers v. Union of India
(1974) 4 SCC 43 140
28. Indian Banks Association v. Workmen of Syndicate Bank,
AIR 2001 SC 946 : (2001) 3 SCC 36 163
29. Hussainbhai v. Alath Factory Tezhilali Union, AIR 1978 SC 1410 169
30. A. Sundarambal v. Government of Goa, Daman & Diu,
AIR 1988 SC 1700 171
31. H.R. Adyanthaya v. Sandoz (India) Ltd. (1994) 5 SCC 737 175
32. S.K. Maini v. M/s.Carona Sahu Co. Ltd. (1994) 3 SCC 510
33. G.B. Pant University of Agriculture & Technology, Pant Nagar,
Nanital v. State of U.P. (2000) 7 SCC 109 188

Topic 7 : ‘Strike’ & ‘Lock out’

Concepts, legality and justification – The Industrial Disputes Act, 1947, sections 2(q), 2(l),
2(n), 10(3), 10A(3A), 22-28; The Industrial Employment (Standing Orders) Act, 1946; The
Essential Services Maintenance Act, 1981
34. Management of Chandramalai Estate v. Its Workmen,
AIR 1960 SC 902 195
35. Gujarat Steel Tubes Ltd. v. Gujarat Steel Tubes Mazdoor Sabha
(1980) 2 SCC 593 : (1980) 1 LLJ 137 (SC)
36. B.R. Singh v. Union of India (1989) 4 SCC 710
37. Syndicate Bank v. K. Umesh Nayak (1994) 5 SCC 572 198
38. Essorpe Mills Ltd. v. P.O.; Labour Court (2008) 7 SCC 594 212

Topic 8 : ‘Lay off’ ‘Retrenchment’ & ‘Closure’

Analysis of the Concepts, Pre-requisites, The Industrial Disputes Act, 1947, sections 2(cc),
2(kkk), 2(oo), Chapters VA, VB; The Industrial Employment (Standing Orders) Act, 1946
39. Mohan Lal v. The Management of M/s. Bharat Electronics Ltd.,
AIR 1981 SC 1253
40. Punjab Land Development and Reclamation Corporation Ltd. v.
Presiding Officer, Labour Court (1990) 3 SCC 682 217
41. State of Rajasthan v. Rameshwar Lal Gahlot, AIR 1996 SC 1001 233
42. Uptron India Ltd. v. Shammi Bhan, AIR 1998 SC 1681 234
43. S.M. Nilajkar v. Telecom. District Manager, Karnataka
(2003) 3 SCALE 533 239
44. The Workmen of Fire Stone Tyre & Rubber Co. Pvt. Ltd. v. Fire
Stone Tyre & Rubber Co. Pvt. Ltd. (1976) 3 SCC 819 :
AIR 1976 SC 1775 245
45. Orissa Textile and Steel Ltd. v. State of Orissa, AIR 2002 SC 708
46. U.P. State Brassware Corporation Ltd. v. Uday Narain Pandey
(2006) 1 SCC 479
250

IMPORTANT NOTE:

1. The topics and cases given above are not exhaustive. The teachers teaching the course
shall be at liberty to add new topics/cases.
2. The students are required to study the legislations as amended up-to-date and consult
the latest editions of books.
3. The question paper shall include one compulsory question. The question papers set for
the examinations held during 2007-08 and 2008-09 are printed below for guidance of the
students.

* * * * *

LL.B. III Term Examinations, December, 2007

Note: Attempt five questions including Question No. 1 which is compulsory.
All questions carry equal marks.

1 Attempt briefly any four of the following:
(a) What are the powers of the Registrar under the Trade Unions Act, 1926 to
register a Trade Union?
(b) Explain the distinction between ‘lock out’, ‘lay off’ and ‘closure’ under the I.D.
Act, 1947.
(c) Briefly state the essential conditions that an employer is required to follow
before effecting a valid ‘retrenchment’ under the I.D. Act, 1947.
(d) Distinguish between a ‘Contract of Service’ and a ‘Contract for Service’.
(e) Discuss in short the nature and extent of immunity from criminal conspiracy
available to members and office bearers of registered trade unions under the
Trade Union Act, 1926.

2. (a) Briefly enumerate the tests laid down by the Supreme Court in Bangalore
Water Supply and Sewerage Board v. A Rajappa (AIR 1978 S.C. 548) for
determining whether an activity in question is an ‘industry’ under section 2(j)
of the I.D. Act, 1947.
(b) Examine whether the following activities are covered within the definition of
‘industry’ under section 2(j) of the I.D. Act, 1947:
(i) Mahanagar Telephone Nigam Ltd., Delhi which provides
telephone/Internet services to the residents of Delhi and around Delhi.
(ii) A firm of solicitors advising people on legal matters having clerks,
typists, computer operators and peons on its payroll.

3. Are the following ‘employees’ covered by the definition of ‘workman’ under section 2(s)
of the I.D. Act, 1947?
(a) A medical representative in a pharmaceutical company getting a salary of Rs.
5,000 per month.
(b) A pilot employed by Sahara Airways drawing a salary of Rs. 85,000 per month.
vii
(c) An Asst. Engineer supervising the work of junior engineers and other staff in
Municipal Corporation of Delhi and drawing a salary of Rs. 15,000 per month.
(d) A school teacher in a Secondary School.

4. (a) Explain and illustrate the definition of an ‘Industrial Dispute’ under the Industrial
Disputes Act, 1947.
(b) Are the following Industrial Disputes under the I.D. Act? Discuss:
(i) Withholding of promotion of an individual workman.
(ii) Demand by the workmen that recruitment to the supervisory cadre
should be made 100% by promotion from lower cadres of technical and
clerical staff.
(iii) The workmen of a company raise a dispute with the management
demanding that the salary of managerial staff be reduced from Rs.
18,000 per month to Rs. 15,000 per month.

5. (a) Do industrial workers have right to ‘strike’ and, if so, what is the source of such a
right? Does the law confer such right to the government employees in India?
(b) What is the effect of participation in ‘strike’ on the contract of employment of
workers under the I.D. Act, 1947? Give your own critical view on the state of law as
it stands today?

6. Every kind of termination of services cannot be considered to be ‘retrenchment’ under the
I.D. Act, 1947. Analyse this view and decide the validity of the following actions of the
employer:
(a) A person was employed on 1st January, 2006 as a casual loader in a transport
company employing 40 persons as loaders, drivers and cleaners. After two months,
his services were regularized along with ten others but in January 2007, his service
were terminated without paying him any compensation. Is the termination of service
valid? What would be your answer if the termination order was passed after holiday
an enquiry against misconduct or in accordance with the terms of service as stipulated
in the contract?
(b) The services of some bus drivers were terminated on the ground that their eye
sight was not of prescribed standard. No compensation was paid to them.

7. With the object of pursuing the genuine grievances of the University-appointed teachers,
secure better service conditions for them and to facilitate collective bargaining with the
University authorities, Delhi University Appointed Teachers form themselves into Delhi
University Appointed Teachers Association (‘DUATA’ in short). DUATA is desirous of
securing registration under the Trade Unions Act, 1926. The executive committee thereof
approaches you to give your written legal opinion on the following:
(i) Whether ‘DUATA’ falls within the definition of ‘Trade Union’ under S.2(h) of
the Trade Unions Act, 1926, and whether its members are ‘workmen’ within the
meaning of S. 2(g) of the Trade Unions Act, 1926?
(ii) What steps should they take to get DUATA registered under the Act?

8. The Executive of a Registered Trade Union of workers of a public utility establishment,
feeling aggrieved by the management’s unfair labour practice of terminating services of
four activist members of the union without cause and without giving any right of hearing
to them, gave a call to its members to go on strike against the management. The
executive of the union gave no notice to the management of its proposed strike. In
response to the call of the executive, the workers go on strike the next day. The strike
lasted for two weeks after which the management withdrew the termination orders. The
management filed a suit for damages against registered trade union, its members and
office bearers for recovering the losses caused to it during strike period which admittedly
was in violation of section 22(1)(a) of the I.D. Act, 1947. The Trade Union pleads S.18
of the Trade Union Act, 1926 in defence. Decide whether the management can succeed
in the suit.

* * * * *

LL.B. III Term (Supplementary) Examinations, May-June, 2008

Note: Attempt five questions including Question No. 1 which is compulsory.
All questions carry equal marks.

1 Attempt briefly any four of the following:
(a) Mention the grounds for cancellation of registration of a Trade Union under S.
10 of the Trade Unions Act, 1926.
(b) Distinction between lock-out and closure under the Industrial Disputes Act,
1947.
(c) Can a dispute raised by an individual workman be treated an industrial dispute
under the Industrial Disputes Act, 1947?
(d) Right of workmen laid off for compensation under section 25C of the Industrial
Disputes Act, 1947?
(e) Ten members of a Trade Union apply for registration of their union under the
T.U Act. After the date of application, five of them withdraw from the
application and inform at the Registrar. Discuss the validity of the application
after the withdrawal of these members.

2. (a) Analyse the definition of ‘Trade Union’ under the Trade Unions Act, 1926.
(b) T, a college teacher, U, a University professor, V, a research student, W, a social
worker, X, Y & Z three clerks employed in the University form an association known
as ‘The University Workers Union’ with the object of regulating relations between
the University and its employees. Can this association be registered as Trade Union
under the Trade Unions Act, 1926? Discuss.

3. “A legal strike may be unjustified and an illegal strike may be justified.” Discuss the legal
validity of this statement in the context of law relating to strikes in India.

4. “Termination for any reasons whatsoever” are the key words. Whatever the reason, every
termination spells retrenchment. A termination takes place where a term expires either by
active step of the master or the running out of the stipulated term. Termination embraces
not merely the act of termination by the employer, but the fact of termination howsoever
produced.”
- per Krishna lyer, J; in State Bank of India v. N. Sundra Money, AIR 1976 SC 1111
at p. 1114.
Critically examine the above observation and comment as to whether you agree with
the same or not in the light of judicial behaviour and legislative provisons.

5. “It is the character of the activity which decides the question as to whether the activity in
question attracts the provisions of S. 2(j), i.e. industry which conducts the activity and
whether it is conducted for profit or not do not make a material difference.”
Discuss the above statement in the light of the latest judicial and legislative trend.

6. (a) Discuss the concept of ‘civil immunity’ to the workers given under S. 18 of the Trade
Unions Act, 1926.
(b) Can the workers participating in a legal but unjustified strike in furtherance of a trade
dispute be protected under section 18 of the Trade Unions Act, 1926? Give reasons.

7. (a) Discuss the nature or extent of control and supervision which is requisite to establish
the relationship of employer and employee under S.2(s) of the Industrial Disputes
Act, 1947.
(b) Are the following ‘workmen’ for the purposes of the Industrial Disputes Act, 1947?
(i) Agents engaged by a bank to mobilize deposits on commission basis under
the supervision of the bank.
(ii) Mr. X is employed by the manufacturer of a toilet soap for canvassing
sales and distributing free samples in a particular locality.

8. (a) Explain and illustrate the essential components of ‘Industrial Dispute’ in S. 2(k) of
the Industrial Disputes Act, 1947.
(b) Powers of the Registrar under S. 8 of the Trade Unions Act, 1926.

* * * * *

LL.B. III Term Examinations, December, 2008

Note: Answer five question including Question No. 1 which is compulsory.
All questions carry equal marks.

1. Attempt briefly any four of the following
(a) How many persons are required for registration of a Trade Union? What is
the effect of withdrawal of a member?
(b) Describe the mode of registration of a Trade Union Under Sec. 4 of the Trade
Unions Act, 1926.
(c) Employer’s power to “lay-off” workmen.
(d) Distinction between. ‘look out’ and ‘closure’ under the Industrial Disputes
Act, 1947.
(e) Under which circumstances the laid off workmen are not entitled to
compensation Under Sec. 25-E of the Industrial Disputes Act, 1947.

2. “The concept of retrenchment is fraught with confusion and uncertainty. In its ordinary
parlance, it means discharge of surplus labour. But in certain decisions the courts have not
strictly adhered to this meaning and have deviated from it to suit to the exigencies of
various fact situations.” Comment.

3. (a) “Neither the desire of the members, nor registration or any other formality, but the
principal objects of the union or combination” is the only test to ascertain as to
whether the combination is a trade union or not.
Elucidate.
(b) Can the following be registered as Trade Union under the Trade Unions Act, 1926?
(i) Domestic Servants Employee’s Association,
(ii) NDPL (North Delhi Power Limited) Employee’s Association?

4. Discuss the nature and extent of immunity granted to registered trade unions. Their office
bearers and members under section 18 of the Trade Unions Act, 1926.

5. “It seems fairly obvious that if the expression ‘any person’ occurring in the third part of
the definition of Industrial Dispute [Sec. 2(k)] is given its ordinary meaning, then the
definition clause will be so wide as to become inconsistent not merely with the objects
and other provision of the Act, but also with the other parts of that very clause…”
[Das, C.J., in Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea
Estate, AIR 1958 S.C. 353]. Explain.

6. An activity to be an industry it is not necessary that it must be carried on by private
enterprise or must be commercial or result in profit. This result is reached by extending
the meaning of ‘undertaking’ to cover activities not strictly trade or business but objects
very similar.
Critically examine the correctness of the above statement in the light of provision of
S.2 (j) of the Industrial Dispute Act, 1947.

7. (a) “A legal strike may be unjustified and an illegal strike may be justified.” Discuss
the legal validity of this statement in the context of law relating to strikes in India.
(b) Are workmen entitled to wages for participation in illegal strikes?
8. Discuss the definition of ‘Workman’ under Sec.2(s) of the ID Act, 1947 and decide
whether the following are covered by the said definition of ‘Workman’:
(a) X is employed by the manufacturing of toilet soap for canvassing sales and
distributing free samples in a particular locality. He is not required to do any other
work.
(b) P, a pilot with Air India and drawing Rs. 15,000 p.m.

* * * * *

LL.B. III Term (Supplementary) Examinations, May-June, 2009

Note: Attempt five questions including Question No. 1 which is compulsory.
All questions carry equal marks.

1. Attempt briefly any four of the following:
(a) Distinction between ‘lock out’ and ‘closure’ under the I.D. Act, 1947.
(b) Powers of the Registrar under the Trade Unions Act, 1926 to cancel registration
of a Trade Union.
(c) Distinction between ‘contract of service’ and ‘contract for service’.
(d) Pre-requisities for lay-off compensation.
(e) Right of Government employees to strike.

2. With the object of securing better service conditions through collective bargaining,
members of the teaching staff of Government Medical College of State ‘A’ form
themselves into an association called ‘Government medical College Teaching Staff
Association’ and apply for registration to the Association as a trade union under the Trade
Union Act, 1926. The Registrar refuses registration to the Association on the ground that
teachers are not ‘workmen’ and medical College of State Government is not ‘industry’
under the Act. The Association wants to file an appeal against the order of the Registrar.
You are required to advice in the light of the legal provisions and the judicial decisions on
the correctness of the order of the Registrar.

3. A trade union whose members strike work to force the employer to concede to their
demands cannot be held liable to compensate the employer for any loss resulting from
their action in terms of non-production, breach of contract, etc.
Discuss this view in the light of statutory provisions and judicial decisions.

4. Examine whether the following activities fall within the definition of industry under
section 2(j) of the I.D. Act, 1947.
(a) Posts and Tele-communication Department
(b) Law firm employing junior lawyers and paralegal staff.

(c) A club set up by residents of a colony for providing recreation to them and their
guests in which there are more than 15 employees working to provide such
facilities.
(d) Physical Research Laboratory under the Government of India’s Department of
Space.

5. (a) As a judge while deciding as to whether a person is a workman or not, how will you
approach the definition of workman in Section 2(5) of the I.D. Act, 1947.
(b) Are following ‘workman’ within the meaning I.D. Act, 1947:
(i) A medical representative in a pharmaceutical firm drawing a salary of
Rs. 5,000 p.m.
(ii) A pilot in an airline drawing salary of Rs. 50,000 p.m.

6. Discuss the following statements:
(a) A dispute in an industry which does not concern workmen can also be termed as
industrial dispute.
(b) A dispute regarding the discharge of a workman is also an industrial dispute.
(c) Last come first go rule must be strictly followed by the employers while
terminating the services of the workman.

7. (a) What are the essential characteristics of ‘strike’ under s.2 (q) of the I.D. Act? Do the
following fall with the definition of strike :
(i) Go-slow
(ii) Work to rule
(iii) Pen down strike.
(b) Discuss the consequences of workers participation in strike with special reference to
the question of workers entitlement to wages during the period of strike.

8. ‘The concept of ‘retrenchment’ under the Industrial Disputes Act, 1947 is not confined to
termination of services on account of labour aurplusage only but encompasses within it all
terminations except those specifically excluded in the definition.”
Critically examine the above statement bringing out the correct legal position on the
subject. Also state the circumstances in which retrenchment by the employer of his workman
can be held bad in law entitling the workman ordinarily to reinstatement with back wages.