IGNOU MS 28 Free Solved Assignment 2022- Helpfirst

MS 28

Labour Laws

MS 28 Free Solved Assignment


Q 1 Explain the role and relevance of Labour Laws. What do you understand by public interest litigation? Is it maintainable as a writ petition.

Ans:- Indian Labour Laws have both the sides – the positive ones and the negative ones. The positive side provides basic rights and facilities for human existence and human dignity.

the right to combine, the right to expression, the right to live and minimum standard and safety etc. which HRD also aims at macro-level.

But the negative side of labour-Laws are more prominent and Every society revises and reviews, invents and reinvents better systems and governance it does hamper the integration of HRM and Industrial Relations

Our Labour Laws have following negative orientation

(1. Over protective

2. Over the negative

3. Over reactive

4. Fragmented and adhoc

5. Outdated and irrelevant

6. It is almost impossible for an employer to remove any workman for his inefficiency. This has led to lethargic and restrictive work-culture which is against the postulates of HRD

7. Our Labour Laws generally negate change and progress than facilitate and enable them to happen. They say no to proposition than encourage them to happen. Positivity is the main postulate of HRH which does not find favour with most of our labour laws.

8. Our labour laws are mostly to fight the fire when it has broken out. They are reactive than proactive in orientation.MS 28 Free Solved Assignment

The ID Act 1947 comes into operation after a dispute has erupted or is apprehended It does not say anything about the genesis and background of disputes. HRD talks of proaction, pre-emption and prevention than only cure.

9. Our Labour Laws are mostly fragmented, adhoc and plecemeal. Sometimes, they contradict each other.

They create more confusion, at times, than giving clear solutions. HRD approach is integrated and pointed approach, quite clear and visible.

10. Our Labour Laws are mostly fragmented, adhoc and piecemeal. Sometimes, they contradict each other.

They create more confusion, at times, than giving clear solutions. HRD approach is integrated and pointed approach, quite clear and visible.

11. Our Labour Laws have mostly become outdated, obsolete and irrelevant. They were framed at one point of time with specific problems in view. Times have changed and so have changed the problems.

They should change accordingly to cater to the needs of time. They should be dynamic ones. But they have remained static and rigid, which is against the spirit of HRD.

Law is a dynamic concept. It comes into existence to cater to the growing needs of society, which may be caused by technological, economic, political and social changes.

Life and laws have moved together in history and it must do so in future also. Every society revises and reviews, Invents and reinvents better systems and governance.

Labour laws came into being to take care of certain aberrations created by Industrial Revolution. MS 28 Free Solved Assignment

Now, we have entered post-Industrial Revolution era, Hence our laws should come out of Industrial Revolution mode and be progressive in their outlook.

The desirable orientations of labour laws can be that they have to be enabler and facilitators than controllers of industrial relations.

They have to be proactive, positive and progressive and encourage individual development, group cohesiveness and organisational well-being than combating and fighting, building the culture of trust and good-will than creating mistrust and hatred in industry.

There should be a few labour legislations-setting the guidelines and providing the road-maps for working together than a number of them encouraging litigations

Q2. What do you understand by plantation to which the plantation Labour Act would be applicable? What are the provisions relating to health in the plantation?

Ans:. As plantations are usually located in remote and hilly areas where in the initial stages facilities were very few where diseases like Malaria were epidemic and where workers had to be tot from distant locations to work in the plantations,

the law had to provide not merely welfare within the workplace as in Factories Act or Mines Act, but also provide for welfare outside the workplace.

So it is that the Plantations Labour Act, 1951 provides for residential accommodation, medical facilities, educational and recreational facilities for workers, all at the cost of the employer. MS 28 Free Solved Assignment

The Plantations Labour Act, was passed by Parliament in 1951. The Act covered all persons employed in tea, coffee, rubber, cinchona and cardamom plantations.

The 1960 Amendment also included small units of Plantations within its coverage. The Original Act limited the duration of work to 54 hours a week for adults and 40 hours a week for adolescents and children.

It required rest Interval of at least half an hour for work exceeding five hours and spread over 12 hours. The Act prohibits the employment of women and children during night.

It provides for a day of rest in a week. The Act also provides for annual leave with pay at the rate of one day for every 20 days for adults and one day for every 15 days for young persons.

Planters are required to provide housing for every worker and his family residing within the plantation, to provide for drinking water, separate urinals and latrines for men and women,

medical facilities including maternity benefits, canteens (where 150 or more persons are employed), creches (where 50 or more women workers are employed),recreational and educational facilities.

A survey of the provisions of the Plantations Labour Act reveals that much improvement has been made since Independence.

After a thorough investigation of the industrial situation and industrial law, the National Commission on Labour submitted its recommendations in 1969. Regarding plantation industry, it recommended the following:MS 28 Free Solved Assignment

I)The prescribed hours of work be reduced from 54 to 48.

II) Houses be provided for such plantation workers who do not reside within 5 kilometers from the periphery of the estate but who wish to be accommodated on the estate.

III) Every employee should be allowed 3 national and 5 festival holidays in acalendar year.

IV) The limit to 50 women workers, which makes the provision of crèche obligatoryin plantation should be reduced in accordance with the local conditions or to 20

v] The State Governments should prescribe a list of drugs, medicines and equipment for the local hospitals in order to make sure that they are properly equipped

vi) Suitable arrangements need o be made for detection and treatment of occupational diseases among plantation workers.

vii) Priority should also be given to family planning programmes

vill) State Government should ensure that facilities for education of children of plantation workers are provided by the employers.

MS 28 Free Solved Assignment
MS 28 Free Solved Assignment

Q 3 What is meant by “Industry” and “Industrial dispute”? What are the authorities under the Act and the duties entrusted to them?

Ans. An industry is a group of companies that are related based on their primary business activities. MS 28 Free Solved Assignment

In modern economies, there are dozens of industry classifications. Industry classifications are typically grouped into larger categories called sectors Individual companies are generally classified into an industry based on their largest sources of revenue.

For example, while an automobile manufacturer might have a financing division that contributes 10% to the firm’s overall revenues, the company would be classified in the automaker industry by most classification systems

The Industrial Disputes Act is a restrictive as well as a beneficial and protective legislation it is restrictive as it abridges the rights of the employer to

(a) lock-out, retrench, dismiss or discharge his workers.

(b) change employment and service conditions without giving any notice:

(c) transfer and close his undertaking except as regulated by the Act.

The Act also restricts the right of workers to strike by making the same illegal under certain circumstances. But all these restrictions are benevolent as these are intended to promote industrial harmony and peace.

Essential Services Maintenance Act, 1960 was passed to maintain the essential serevices during Industrial actions like strike etc.MS 28 Free Solved Assignment

Right to strike has not been expressly conferred on the citizen, as also it is a negative right which can be exercised with due regards to right of others. Therefore such an act is legal for maintaining essential services

The important beneficial provisions of the Industrial Disputes Act are those relating to the payment of lay-off and retrenchment compensation.

These are often described as social security measures, since they provide some protection to workmen against the risk of involuntary unemployment.

A new Bill is reported to have been drafted to amend this Act further, and this may be introduced in the Parliament to meet some of the needs of New Economic Policy of the government. Some of the important amendements which are proposed to be made are:

i) Renaming the Industrial Disputes Act as Industrial Relations Act. )

ii) Defining the term “Go-Slow” and re-defining the term “Public Utility Service 16)

iii) Covering individual disputes regarding changes in employment condition along with that of termination of service, and their direct reference to Labour Court by worker or their unions.MS 28 Free Solved Assignment

iv) Replacement of Industrial Tribunals and National Industrial Tribunal by Industrial Relations Commission and Special Industrial Relations Commission for adjudicating disputes and hearing appeals against the awards of Labour. Court.

v) Direct reference of disputes regarding the legality of strikes by employers to the Labour Court and making the latter to work under the overall supervision of the Industrial Relations Commission

vi) Raising the monthly wage pay limit from Rs. 1600 to Rs. 3000 for supervisors for being covered by the Act.

vii) Increasing the employment limit from 100 to 300 for an establishment for obtaining the prior approval for laying-off and retrenching its workmen, and for closing the establishment.

Prohibition of strike unless the call for it is approved by three fourth majority of union membership and unless the discussion between the employer and, the bargaining council had failed and the parties are not agreeable to voluntary arbitration under Sec. 10A of the Act.

viii) Setting up of Bargaining Councils and Bargaining Agents by the employers and how they are to function.

ix) Extending the period of award from one year to three years if nothing was mentioned in the award about it.MS 28 Free Solved Assignment

x) Allowing employers to declare lock-out without notice if there was threat of violence and damage to their property, and

xi) Enhancing penalties for contravening the Provisions of the Act.

Q 4 Explain the objective, scope and coverage of the payment of Wages Act 1936. State the procedure laid down under the act for imposing fines.

Ans:- The Payment of Wages Act, 1936 was enacted with a view to ensuring that wages payable to employed persons covered by the Act were disbursed by the employers within the prescribed time limit and that no deductions other than those authorised by law were made by them.

The last amendment was made in 1982 and several provisions of the Act have become obsolete over the years.

Many proposals have been received by the Government for amending various provisions which are creating practical difficulties in enforcement of this Act.

In order to bring this law in uniformity with other labour laws as also to make it more effective and practicable, it is proposed to make, inter alia, the following changes:

(1) Enhancing the wage ceiling of Rs. 1600 per month to Rs. 6500 per month: The then existing ceiling of Rs. 1000 per month was last revised to Rs, 1600 per month in 1982.

Since then a large number of employed persons have gone out of the purview of the Act due to successive rise in wages levels resulting from rise in the cost of living.

Thus, with a view to covering more employed persons, it is proposed to enhance the wage ceiling from Rs. 1600 per month to Rs. 6500 per month

(ii) To substitute the expressions “the Central Government” or “a State Government by the expression “appropriate Government”: In Parliamentary enactments relating to labour, other than the Payment of Wages Act, 1936, MS 28 Free Solved Assignment

the enforcing authorities are either the Central Government or the State Governments depending upon the nature of industry.

However, for implementing the Payment of Wages Act, 1936, matters are referred to the State Governments and quite often action required to be taken by them is delayed.

In order that this law is in conformity with the other labour laws, it is proposed to introduce the concept of “appropriate Government”.

iii) Removing the ambiguities/weakness from the extant provisions of the Act and prescribing more effective grievance redressal: Over the years, it has been noticed that certain provisions of the Act have been differently interpreted thus leading fo administrative difficulties in implementing the same.

In order to remove ambiguities, appropriate changes are being proposed in sections 3, 7, 8 and 15 of the Act which respectively deal with responsibility for payment of wages, deductions from wages fines and claims in certain cases.

(iv)Strengthening compensation and penal provisions of the Act: The penal provisions of the Act have become almost insignificant due to passage of time as well as decrease in money value since these provisions were last amended in 1982.

It is, therefore, proposed to make the penal provisions more stringent by enhancing the quantum of penalties by amending section 20 of the Act.

Responsibilities for payment of ages are mentioned in Section 3 of the Payment of Wages Act, 1936. Every employer is liable for the payment of all wages to every one of the workers that he utilizes or employes for his work.

In some other cases, if the employer names an individual, or on the off chance that there is an individual capable of the business or is designated, at that point, such an individual is liable for the payment of wages.MS 28 Free Solved Assignment

Notwithstanding anything contained in sub-section (1), the business is capable to make the payment of all wages which the Act expects him to make.

Actually, if the temporary worker or the individual that the employer assigns to make the payment neglects to do as such, at that point the duty lies with the employer.

Each employer will be answerable for the payment to people utilized by him of all wages required to be paid.

• On account of the industrial facility, the administrator of that manufacturing plant will be obligated to pay the wages to workers utilized by him.

On account of mechanical or different foundations, the duty of supervision will be subject to the payment of wages to workers utilized or employed by him.

• On account of railroads, an individual named by the rail line organization for determined territory will be at risk for the payment of wages to the workers.

• On account of a contractual worker, an individual assigned by such a temporary worker who is straightforwardly under his charge will be at risk for the payment of the wage to the representatives.

On the off chance that he neglects to pay wages to representatives, individuals who employed the workers will be at risk for the payment of wages.

Fixation of wage period MS 28 Free Solved Assignment

Each individual who is liable for the payment of wages under section 3 will fix periods in regard to which such wages will be payable.

No wage period will surpass one month. That implies pay can be paid on day by day, week by week, fortnightly (for at regular intervals) and month to month as it were.

Payment of wage period for payment of wages to representatives by manager ought not to surpass 30 days, for example, one month.

In any case, compensation can’t be paid quarterly, half-yearly or once in a year

Time of payment of wages

Each individual employed upon or in:

Any railway, production line or modern or different foundations upon or in which the complete number of employed people is short of what one thousand, must get his wages before the expiry of the seventh day from the most recent day of the pay time frame for which the wages are payable. MS 28 Free Solved Assignment

Some other railway, industrial or mechanical or different foundations, must get his wage before the expiry of the tenth day from the most recent day of the compensation time frame for which the wages are payable.

If the employer ends the work of an individual, at that point he should guarantee that the fired employee gets his wages before the expiry of the second working day from the date of the end of employment

The Appropriate Government can exclude to such a degree and furthermore subject to such conditions in the request the individual liable for the payment of wages to utilize or employ people.

The business or the individual answerable for paying wages must guarantee that the wages are paid on a working day.

Wages to be paid in current coins or currency notes

The employer or the individual answerable for making the payment of wages must pay in money coins or cash notes or in both.

Further, he can’t pay in kind. Additionally, the employer can pay the wages by means of a cheque or a direct deposit to the bank of the representative subsequent after taking a composed approval from him.

Provided that the appropriate Government may, by notification in the Official Gazette, specify the industrial or other establishments,

the employer of which shall pay to every worker employed in such industrial or other establishments, the wages only by giving a cheque or by crediting the payment in his bank account.MS 28 Free Solved Assignment

Deduction which may be made from wages At the time of payment of the salary to personnel, the business enterprises should make deductions in step with this act simplest.

The employer should no longer make deductions as he likes. Every quantity paid by the employee to his enterprise is referred to as deductions

The following are not referred to as the deduction:

• Stoppage of the increment of worker
• Stoppage of the promotion of the worker

• Stoppage of the inducement lack of overall performance by using employee
• The demotion of the worker
• Suspension of the worker

Q 5 Explain, what are the various benefits payable under the “Workmen’s Compensation Act, 1923”? What are the powers of the commissioner for workmen’s compensation?

Ans:- The “Employees Compensation Act, 1923” is an Act to provide payment in the form of compensation by the employers to the employees for any injuries they have suffered during an accident.

Earlier this Act was known as the Workmen Compensation Act, 1923. When the employer is not liable to pay compensation MS 28 Free Solved Assignment

If the injury does not end in the entire or partial disablement of the employee for a period exceeding three days If the injury, not leading in death or permanent total disablement, is caused by an accident which is directly attributable to: The employee having at the time of the accident is under the influence of drink or drugs;

The willful disobedience of the employee to an order if the rule is expressly given or expressly framed, for the purpose of securing the safety of employees, or

The willful removal or disregard by the employee of any safety guard or other device which has been provided for the purpose of securing the safety of employees Principles Governing Compensation Who will be receiving the compensation on behalf of the deceased?

A widow or a minor who is a legitimate son or unmarried daughter or a widowed mother is entitled to compensation;

If the family of the deceased is wholly dependant on the earnings of the employee at the time of his death or a son or daughter who has attained the age of eighteen years,

• A widower;
• A parent other than a widowed mother;

• A minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or illegitimate or adopted if married and a minor or if widowed and a minor;

• A minor brother or an unmarried sister or a widowed sister if a minor;
• A widowed daughter-in-law;

• A minor child of a predeceased son A minor child of a predeceased daughter where no parent of the child is alive, or
• A paternal grandparent if no parent of the employee is alive.

Nature of Liability MS 28 Free Solved Assignment

Imagine what will happen if an employee who is working putting in great benefits gets to know that he/she will not be getting any benefits.

After all, people tend to do something to get something in return. When the principle of vicarious liability is applied, the employer is liable to pay compensation irrespective of his/her negligence.

Employer anticipates it as damages payable to the employees but it is actually a relief for them.

An Employer becomes liable when employees have sustained injuries by any accident or unavoidable situations during the course of employment.

The question arises: Will an employee who is a part-time worker would still be entitled to the benefits of the Act? Yes, the employer will still get the benefits of the Act.

Who may get the compensation? To what extent the employers are liable?

To be eligible for the Employees’ Compensation Act’s benefits there are some requirements which need to be fulfilled:

• You must be an employee of the Company or Organisation

• You must have been injured at the workplace or the job was as such that you have been injured Doctrine of added peril

When an employee performs something which is not required in his duty, and which involves extra danger, the employer cannot be held liable to pay compensation for the injuries caused. In the case of Devidayal Ralyaram v/s Secretary of State.

It was ruled that the doctrine of added peril was used as defense and the employer was not liable for the compensation.MS 28 Free Solved Assignment

Adjudication of Compensation The adjudication is done by the commissioner in calculation of the amount of compensation. The quantum of compensation is calculated from the date of the accident.

Self-inflicted Injury

If a worker inflicts an injury to himself or herself it is a self-inflicted injury. The injury may be intentional or accidental but the employer is not liable for such injuries.

There are some types of jobs that have a high risk for self-inflicted injuries which include

• Law enforcement
• Medical employees

• Farmers
• Teachers
• Salespeople

Contributory negligence

Employees owe a duty to their employers to carry out their work with reasonable care so as to avoid accidents and injury.

Employers are vicariously liable for the negligence of their employees but are entitled to claim a contribution or indemnity from their negligent employee in appropriate circumstances.MS 28 Free Solved Assignment

So if there is negligence on the part of both employee and the employer then the employer will be liable to pay compensation to the extent of his own negligence, not of the employee.

Hence, the compensation amount may reduce as the employer will not be liable for the negligence of the employee.MS 28 Free Solved Assignment

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