DIWAKAR EDUCATION HUB

Labour Legislation
UNIT-07
LABOUR WELFARE & HRM CODE-55

2019

NO.1 SUPPORATIVE INSTITUTE

Labour law / Labour Legislation
Labour Laws in India
Labour law is also commonly known as ‘the law of employment’. The growth and development of
labour laws can be traced back to the establishment of the International Labour
Organisation, the only tripartite U.N. agency, in 1919. It brings together governments,
employers and workers of 187 member States to set labour standards, develop policies and
devise programmes promoting decent work for all women and men.[1] It is devoted to
promoting social justice and internationally recognized human and labour rights, pursuing its
founding mission that social justice is essential to universal and lasting peace.[2] India has been
the permanent member of the governing body of ILO since 1922. This has been a major reason
behind the progressive labour legislation in India.

Moreover, labour policy in India has been evolving in response to specific needs of the situation
to suit requirements of planned economic development and social justice and has two fold
objectives, namely maintaining industrial peace and promoting the welfare of labour.[3] Labour
law cover three aspects.

Industrial Relations
Workplace Health and safety
Employment standards

Legislating Power
Both the Central government and the State government are vested with the power to legislate
on the matters concerning labour laws. The Central government has the power to legislate with
respect to the entries mentioned in the Union List of Schedule VII of the Constitution.

Regulation of labour and safety in mines and oilfields[4],

Industrial disputes concerning Union employees[5], and
Union agencies and institutions for professional, vocational or technical training.[6]

On the other hand, both the Central Government and State Governments have the power to
legislate with respect to the entries mentioned in the Concurrent List of Schedule VII of the
Constitution.
 Trade unions, industrial and labour disputes[7],
Social security and social insurance, employment and unemployment[8], and
Welfare of labour including conditions of work, provident funds, employers’ liability,
workmen’s compensation, invalidity and old age pensions and maternity benefits[9].

For instance, the central legislation includes the Trade Unions Act, 1926, the Factories Act, 1948,
the Payment of Wages Act, 1936, etc. and the State legislation includes the Shop &
Establishment Acts (of respective States), Labour Welfare Fund Act (of respective States), etc.

Classification of Labour Laws

There are more than a hundred legislations dealing with labour law in India. Therefore, the
classification of labour laws becomes important for the purpose of understanding them. One way
of classifying them is on the basis of enactment and enforcement. The other way of classifying is
on the basis of the purpose and the objective of the legislation.

The former type of classification is as listed below.

The labour laws enacted by the Central Government, the responsibility of enforcement of
which lies solely on the Central Government.
The laws enacted by the Central Government, the responsibility of enforcement of which
lies on both the Central Government and the State Government.
The laws enacted by the State Government and enforced by them only.
The laws enacted and enforced by various State Governments which apply to respective
states.[10]

The other type of classification can be done by dividing the legislation under broad categories.

Laws dealing with industrial relations.

Laws dealing with remuneration- payment, deduction and related issues.
Laws dealing with the social security of the employees.
Laws dealing with nature and conditions of service and employment such as the issue of
working hours, weekly holidays, the interval between working hours, etc.
Laws dealing with the issues of gender equality and women empowerment.
Laws dealing with social evils and prohibiting them such as bonded labour, child labour,
etc.
Laws dealing with employment and training of the employees.
For the purpose of having an overview of the labour laws, we shall be dealing with the latter type
of classification.

Laws dealing with Industrial relations

The Industrial Disputes Act, 1947

This an important legislation dealing with the issues of industrial dispute, closure, lock-out,
strike, retrenchment, lay-off, etc. Prior to this Act, the Trade Disputes Act, 1929 solved the
industrial disputes. However, there were some inherent defects in the Act which was sought to
be removed by enacting a fresh legislation i.e. the Industrial Disputes Act, 1947. The Act
provides for an elaborate mechanism to get the industrial disputes resolved. There are various
authorities under the Act for the same which includes Conciliation officers, Boards of Conciliation,
Labour Courts, Tribunals, and National Tribunals. The main features of the Act have been
discussed in the subsequent points.

The industrial dispute has to be referred for conciliation at the first instance.
The dispute may be referred to the industrial tribunal either by the parties or by the State
government. The parties refer the dispute by an agreement with respect to the same.
Strike and lockouts are regulated by the Act. The Act lays down certain circumstances in
which they are prohibited.
The Act also provides for compensation to the workmen in case of lay-off or retrenchment
or transfer/closure of an undertaking.

The Trade Unions Act, 1926

Trade Unions are vital to the smooth functioning of the industry. The Trade Unions collectively
assert the demands of the workmen and make it easy for the workmen to negotiate with the
employer. This is commonly called ‘collective bargaining’. The Trade Unions Act, 1926 provides
for the establishment of the Trade Unions and lays down provisions with respect to the
registration of such Trade Unions and their rights and liabilities. The Act places no restriction on
the objects which the Trade Unions can take up. Trade Unions which do not get registered are
not governed by the provisions of the Act.

Laws dealing with remuneration- payment, deduction and

related issues
Payment of Wages Act, 1936

This Act came against the backdrop of the great injustice that was being done to the employees
with respect to the payment of wages. There were many cases of abuse such as the wages were
denied or delayed, arbitrary deductions were made, heavy fines were imposed and more often
than not payment was done in kind rather than in cash. Thus, the Act was enacted to regulate
the payment of wages by certain regulations such as fixing responsibility for such payment,
fixing wage-period, and time of payment of wages, etc. It has provision for authorized
deductions from the wages and levying of fines under certain circumstances. There are penalties
for the employer in case of non-compliance of the provisions of the Act.

Minimum Wages Act, 1948

The objective of this Act is to provide minimum wages to the workers employed in the
employments mentioned in the Schedule I of the Act such as employment in any rice mill, flour
mill or dal mill or employment in any tobacco manufactory, etc. The appropriate government is
empowered under the Act to fix minimum wages and revise them regularly. It also lays down
provision for overtime wages. There are penalties under this Act too for non-compliance of the
provisions by the employer.

Laws dealing with the social security of the employees

Employee’s Compensation Act, 1923

The Act provides for the compensation to workmen or their dependents in case of accidents
arising out of or in the course of employment. Such accidents may either result in death or
disablement (permanent/temporary) of the workmen. It also includes compensation for
occupational diseases i.e. the diseases contracted from the employment. The Act lays down a
detailed list of the persons falling under the category of ‘dependents’ and the method to calculate
the amount of compensation in different circumstances. Thus, the Act is a comprehensive
legislation dealing with all the facets of compensation and the related issues.

Employees’ State Insurance Act, 1948

The Act lays down provisions for benefits to employees such as sickness benefit, maternity
benefit, disablement benefit, medical benefit and funeral benefit. Out of these, medical benefit is
extended to the family members of the employee too and the funeral benefit is paid to the eldest
surviving member of the family or in his absence, to the person who actually incurs the
expenditure on the funeral. It is to be noted that all the benefits under this Act are paid in cash.
The Act also provides for the establishment of Corporation, Committee, and Council etc. to
implement the provisions of the Act effectively.

Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, Labour Welfare Fund Act (of
respective States), Payment of Gratuity Act, 1972 are some other laws which fall under this
category.

Laws dealing with nature and conditions of service and

employment

Factories Act, 1948

The Act regulates the working conditions of the workers employed in factories. It lays down
provisions to ensure adequate safety measures are implemented in the factories for the health
and welfare of the workers. The Act outlines the general duties of the occupier for the same and
the duties of the manufacturers, etc. who import or supply any article for use in a factory.
Furthermore, there is a separate chapter in the Act dealing with hazardous processes in
factories. There are separate provisions dealing with working hours of adults, annual leave with
wages, etc. It regulates the employment of women and children and prohibits the employment of
children below fourteen years of age.

The Industrial Employment (Standing Orders) Act, 1946

This is another important legislation which was enacted to resolve the friction between the
employers and the workmen. This Act requires the employer to formally define the conditions of
employment under him. The Act contains a schedule which contains the list of the matters to be
provided in standing orders. The employer is under an obligation to make the standing orders
known to the workmen. Further, the Act also regulates the duration and modification of such
orders.

Shops and Commercial Establishments Act (of respective States), Contract Labour (Regulation
and Abolition) Act, 1970, The Plantation Labour Act, 1951, The Mines Act, 1952 are other laws
dealing with the nature and conditions of work.

Laws dealing with the issues of gender equality and women

empowerment
Equal Remuneration Act, 1976

Equal pay for equal work has constitutional recognition as contained in the Fundamental
Rights[11] and the Directive Principles of State Policy.[12] The Act provides for the payment of
equal remuneration to both men and women for performing same work or work of similar nature,
failing which the employer is penalised. Thus, it prevents discrimination against women in the
matters of payment of remuneration.

Maternity Benefits Act, 1961

Prior to the enactment of this Act, there were different State Acts and three central Acts dealing
with the provisions of maternity benefit. The Act was enacted to reduce the disparities in
different laws and provide for maternity protection to the women employed in all establishments
except those to which Employees’ State Insurance Act, 1948 apply. The Act prohibits the
employer from employing women during certain periods and the right of such women to be paid
the maternity benefit.

Laws dealing with the prohibition of social evils

Child Labour (Prohibition & Regulation) Act, 1986

The Act is in consonance with various articles of the Constitution.[13] It distinguishes between
‘adolescent’ and ‘children’ and prohibits the engagement of children in all occupations and the
engagement of adolescents in hazardous occupations. Further, the Act also provides for the
regulation of conditions of work of adolescents in such employment where they are permitted to
work. These regulations are with respect to the working hours, holidays, health and safety.
Moreover, the Act also lays down penalties for not complying with the provisions of the Act.

Sexual Harassment at the Workplace (Prevention, Prohibition and

Redressal) Act, 2013

This is one of the most recent legislation and was enacted to incorporate the guidelines laid down
by the Supreme Court.[14] It provides for protection of women against sexual harassment at
workplace. There are provisions in the Act dealing with the prevention and redressal of such
complaints. This Act is in consonance with the spirit of Article 21 of the Constitution which
includes the right of a woman to dignity, life and liberty.

Bonded Labour System (Abolition), Act, 1976, the Beedi and Cigar Workers (Conditions of
Employment) Act, 1966 are the other Acts which fall under this category.
Laws dealing with employment and training of the employees

Apprentices Act, 1961

The wave of Industrial revolution generated the need of trained employees and thus, the need
for training apprentices. The Act is a comprehensive legislation dealing with the qualification of
being engaged as an apprentice, obligations of apprentices, their payment, their working
conditions and working hours, employer’s liability, etc.

Conclusion
There are various labour laws which deal with different labour and industrial issues. The Acts
have been enacted with the objective of social and economic justice. They also embody the
constitutional spirit contained in various Articles.

The Articles contained in Part III of the Constitution such as Article 16, 19, 23 and 24
The Articles contained in Part IV of the Constitution such as Article 39, 41, 42, 43, 43A
and 54

The provisions laid down in various conventions and treaties which India has ratified have also
been incorporated in these Acts time and again.

However, they fail to achieve the objectives completely because of certain reasons.

The penalties given under the various Acts are inadequate so as to create a deterrent in
the mind of an offender.
There are so many legislations that the workmen or the employees are more often than
not unaware of their rights under these laws.


Principles of Labour Legislation

Principle of Protection: The principle of protection suggests enactment of labour legislation to
protect those workers who are not able to protect their interests on their own and also workers, in
particular industries against the hazards of industrial processes.

2. Principle of Social Justice: The principle of social justice implies establishment of equality in social
relationships. It aims at removing discrimination suffered by particular groups of labour. History is
replete with examples where certain groups of society or labour have been subjected to various sorts
of disabilities as compared to other groups or workers in general.

3. Principle of Regulation: The principle of Regulation generally seeks to regulate the relationships
between the employers and their associations, on the one hand, and workers and their organisations,
on the other. As the relationships between the two groups have repercussions on the society, the laws
enacted on this principle also aim at safeguarding the interests of the society against the adverse
consequences of collusion or combination between them. Thus, the principle of regulation seeks to
regulate the balance of power in the relationships of the two dominant groups in industrial relations.

4. Principle of Welfare: Although the protective and social security laws have the effect of promoting
labour welfare, special labour welfare or labour welfare fund laws have also been enacted, with a view
to providing certain welfare amenities to the workers, and often to their family members also.
The main purpose behind the enactment of labour laws on this principle is to ensure the provision of
certain basic amenities to workers at their place of work and also, to improve the living conditions of
workers and their family members.

5. Principle of Social Security: Lord William Beveridge, the pioneer in initiating a comprehensive
social security plan mentioned five giants in the patch of social progress namely, „want‟, „sickness‟,
„ignorance‟, „squalor‟, and „idleness‟.
One of the outstanding measures to mitigate the hardship is to make available social security benefits
under the coverage of legislation. Social security legislation may be kept under two broad categories –
social insurance legislation and social assistance legislation. In social insurance, benefits are generally
made available to the insured persons, under the condition of having paid the required contributions
and fulfilling certain eligibility conditions.
In social assistance also, the beneficiaries receive benefits as a matter of right, but they do not have to
make any contributions. The finance is made available by the state or a source specified by the state.
Social assistance benefits are generally paid to persons of insufficient means and on consideration of
their minimum needs.

6. Principle of Economic Development: Labour laws have also been enacted keeping in view the need
for economic and industrial development of particular countries. Improvement of physical working
conditions, establishment of industrial peace, provision of machineries for settlement of industrial
disputes, formation of forums of workers‟ participation in management, prohibition of unfair labour
practices, restrictions on strikes and lock-outs, provision of social security benefits and welfare
facilities, certification of collective agreements and regulation of hours of work have direct or indirect
bearing on the pace and extent of economic development.

7. Principle of International Obligation: This principle postulates enactment of labour laws with a
view to giving effect to the provisions of resolutions, adopted by international organisations like ILO,
UN and similar other bodies. In general, the countries ratifying the resolutions or agreements are under
the obligation to enforce them. One of the instruments of doing so is the enactment of laws.

International Labor Organization (ILO)

 The main aims of the ILO are to promote rights at work, encourage decent
employment opportunities, enhance social protection and strengthen dialogue on work-related issues. Its
unique tripartite structure gives an equal voice to workers, employers and governments to ensure that the
views of the social partners are closely reflected in labour standards and in shaping policies and programmes.
The ILO was founded in 1919, in the wake of a destructive war, to pursue a vision based on the premise that
universal, lasting peace can be established only if it is based on social justice. The ILO became the first
specialized agency of the UN in 1946.

 Strategic Programming and Management Department of the ILO

Private sector development (PSD) policy and strategy

The ILO promotes a people-centred and sustainable approach to enterprise development, which aligns
enterprise growth and the creation of productive employment and decent work with sustainable
development objectives. It builds its approach around three mutually reinforcing pillars:

1. Creating an enabling environment for sustainable enterprises and employment, which encourages
investment and entrepreneurship;
2. Helping entrepreneurs to start and build successful enterprises;
3. Linking productivity improvements to better working conditions, good industrial relations and good
environmental practices.

Based on a range of tested products and solutions applied internationally on a large scale, the ILO has
consolidated its expertise in 11 distinct areas classified according to the following five groups:

 Small and Medium Enterprises, entailing a standardised assessment tool for the Enabling
Environment for Sustainable Enterprises (EESE), an approach to help small businesses to identify and
exploit market opportunities through Value Chain Development, a set of Management and
Entrepreneurial Training, a programme to foster Women’s Entrepreneurship Development (WED), a
training and in-factory counselling programme to increase SME productivity through better
workplace cooperation,Sustaining Competitive and Responsible Enterprises (SCORE);
 Multinational Companies, responsible for the promotion and follow-up of the Tripartite Declaration
of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration), which is the
ILO’s key tool for cooperating with the corporate world;
 Cooperatives, promoting the cooperative business model with its specific regulatory and institutional
requirements as well as social enterprises, which pursue both economic and social aims and foster
solidarity;
 Creation of Green Jobs, helping businesses to successfully shift towards a greener economy and adapt
to economic and environmental crisis and change.
 Social Finance, supporting efforts to extend financial services to excluded persons by promoting
better employment and reducing the vulnerability of the working poor.

Moreover, ILO’s close contact with governments, employers’ organizations and trade unions of its member
countries provides unique access to the actors in the real economy supported by a global network of
enterprise specialists. Capacity development programmes are, designed and delivered worldwide in
cooperation with the ILO’s International Training Centre in Turin, Italy.
Cooperation with the private sector

Recognizing the pivotal role they play, the ILO works with individual companies and foundations and with
employers and their organizations to tackle important global labour market issues; to support sustainable
enterprises and entrepreneurs; to enhance value in supply chains; to promote social protection; and to
resolve specific problems in the world of work.

Transparency, effectiveness and results in PSD

With the introduction of result-based management, the ILO has reinforced its commitment to transparency,
effectiveness and organizational learning by establishing a more substantial, effective and independent
evaluation function in the ILO. The ILO established a central Evaluation Unit and revised its policy to conform
to United Nations norms and standards for evaluation.

The need for social justice

The aspiration for social justice, through which every working man and woman can claim freely and on the
basis of equality of opportunity their fair share of the wealth that they have helped to generate, is as great today
as it was when the ILO was created in 1919. As the ILO celebrates its 100th anniversary in 2019, the
importance of achieving social justice is ever more pressing, with the rise in inequality and exclusion, which is a
threat to social cohesion, economic growth and human progress. With climate change, demographic changes,
technological development and, more generally, globalization, we are witnessing a world of work that is
changing at an unprecedented pace and scale. How can these challenges be addressed to offer possibilities
for the achievement of social justice in an ever more complex world of work?

Towards a fair globalization

The most salient characteristic of the global economy over recent years has probably been globalization. New
technology has meant that persons, goods and capital are moving ever more rapidly between countries, giving
rise to an interdependent global economic network that is affecting almost everyone on the planet.
Globalization today means the internationalization of production, finance, trade, and also migration.
The issue of whether contemporary globalization is a source of prosperity or is aggravating inequality and
injustice is still hotly debated. The ILO has always occupied a prominent place in this debate in view of its
mission to promote a fairer and more equitable globalization. The ILO Declaration on Social Justice for a Fair
Globalization (see section 3 below), adopted by governments, workers and employers in June 2008, is
designed to strengthen the ILO’s capacity to promote the Decent Work Agenda and to forge an effective
response to the increasingly significant challenges of globalization. The Decent Work Agenda, which is based
on four pillars (employment promotion, social protection, fundamental rights at work and social dialogue),
covers many of the challenges that the Organization was already facing when it was first created, and is
intended to allow everyone to obtain decent work through the promotion of social dialogue, social protection
and employment creation, as well as respect for international labour standards.

Globalization has certainly caused upheaval in global production structures, with important effects on
enterprises and employment. Global supply chains, which account for one-in-five jobs throughout the world,
show the growing diversification of production. While they have created jobs and opened up prospects for
economic growth, employment relations and the pace of production may have had in certain cases negative
effects on conditions of work. For example, following the fires in factories in Pakistan and Bangladesh in 2012
and the collapse of the Rana Plaza building in 2013, which cost the lives of over 1500 persons, voices were
once again raised, particularly in light of the local failings of surveillance and good governance, calling for
action at the global level. What is at stake for the actors in the world of work is to improve the governance of
supply chains and ensure respect for international labour standards, and particularly for fundamental rights. It
was in this context that the 105th Session of the International Labour Conference adopted a resolution
concerning “decent work in global supply chains”.
Another symbolic aspect of the contemporary economy lies in the financialization of trade, with emphasis being
placed on financial return to the detriment of real investment. In the absence of appropriate regulation, such
financialization has the effect of increasing the volatility and vulnerability of the economy and the labour market
through the focus on short-term profit and has harmful effects on redistribution, with consequences for
employment creation, productivity and enterprise sustainability. The reasons for the financial and economic
crisis of 2008, and its devastating effects on the real economy, are known, and include in particular
shortcomings in the governance and regulation of financial markets. But it is still uncertain whether these
lessons have really been heeded.

Vulnerability in the world of work

Despite its undeniable benefits, globalization has clearly not resulted in a new era of prosperity for all. Some
progress has been made in terms of development and the recognition of rights: the reduction of extreme
poverty, the increased presence of women in the labour market, the development of social protection systems,
the creation of sustainable jobs in the private sector, etc. But today’s globalized economy has also resulted in
major social upheavals, including high unemployment in certain parts of the world, the delocalization of workers
and enterprises, and financial instability. The current situation on the global employment market remains
particularly fragile.

Despite several recessions, including the 2008 global financial and economic crisis, the total number of jobs
worldwide in 2016 was 3.2 billion (or almost one billion more than in 1990), emphasizing the positive trend of
job creation. But unemployment rates remained high: in 2017, there were around 198 million persons actively
seeking employment throughout the world, three quarters of whom lived in emerging countries. The
vulnerability of employment has also increased (nearly 1.4 billion workers were engaged in vulnerable jobs in
2017, affecting three in four workers in developing countries), as has income inequality, which has increased
dramatically in most regions of the world.

The deepening of inequality seems to be becoming one of the principal characteristics of the contemporary
world. The distribution of wages at the individual level has also become more unequal, with the gap growing
between the highest 10 per cent of the wage scale and the lowest 10 per cent. In practice, with the exception of
Latin America, all the other regions have experienced a widening of income inequality, accompanied by a
decline in the proportion of income from labour. Inequalities not only lead to a fall in productivity, but also give
rise to poverty, social instability and even conflict. It was precisely for this reason that the international
community recognized the continued need to establish fundamental rules of the game in order to ensure that
globalization would give everyone the same opportunity to achieve prosperity.

The Future of Work at stake

Since the 1980s, a series of global changes have profoundly transformed employment and work: the
accelerated globalization of trade, technological change, the rise in the activity rate of women, the
fragmentation of value chains and subcontracting, changes in demand, individual aspirations, the skills of the
active population, etc. But today, with climate change, demographic growth and technological transformation,
new challenges have emerged for everyone, and particularly for the world of work, including: the diversification
of types of employment, the development of the digital economy, and particularly platforms, a new relationship
with the meaning of work, and the reconciliation of work and personal life.

One of the most symbolic controversies relating to the future of work lies in the issue of whether technological
progress will result in the destruction or creation of jobs. The ILO is well versed in this debate, which re-
emerged throughout the XXth century in various forms, but which is taking on a new dimension in the era of
robotization and artificial intelligence. Over and above the pessimistic and optimistic scenarios, the real
challenge to which technicological progress gives rise is to identify how, in this transitional context, assistance
can be provided to enterprises and workers to help them adapt to new jobs (both physically and in terms of
skills) as this will likely be an ongoing and dynamic process throughout a person’s professional life.

To understand and offer an effective response to these new challenges, the ILO launched a “Future of Work
Initiative ” and in August 2017 set up the Global Commission on the Future of Work . Six thematic clusters
focus on the main issues that need to be considered if work tomorrow is to provide security, equality and
prosperity: the role of work for individuals and society; the pervasive inequality of women in the world of work at
the global level; technology for social, environmental and economic development; skills development over the
life cycle; new models of inclusive growth; and the future governance of work. The Global Commision delivered
its report in January 2019.

The energy transition as an opportunity?

Action to combat climate change is now high on the international agenda, with the long-term objective of the
2015 Paris Agreement to contain the rise in the global temperature below 2°C in relation to pre-industrial levels.
The challenge for the ILO is to respond to the repercussions on the world of work, where the negative effects
are starting to make themselves felt: the disturbance of trade, the destruction of workplaces and its impact on
the means of subsistence of individuals. A total of 1.2 billion jobs currently depend directly on the effective
management and sustainability of a healthy environment. (Note 2 ) The potential impact of climate change on
enterprises and workers, labour markets, income, social protection and poverty mean that attenuation of
climate change and adaptation are a major element of the ILO’s mandate and action. The transition to a green
economy will inevitably result in job losses in certain sectors, but these losses will be more than compensated
by new job opportunities, on condition that policies are adopted that are conducive to decent work and the
redeployment of workers.

The ever crucial role of international labour standards

It is important to recall, in order to place the current challenges in perspective, that in 1919 the signatory
nations to the Treaty of Versailles created the International Labour Organization (ILO) in recognition of the fact
that “conditions of labour exist involving such injustice, hardship and privation to large numbers of people as to
produce unrest so great that the peace and harmony of the world are imperilled.” To address this problem, the
newly founded Organization established a system of international labour standards – international Conventions
and Recommendations drawn up by representatives of governments, employers and workers from around the
world – covering all matters related to work. What the ILO’s founders recognized in 1919 was that the global
economy needed clear rules in order to ensure that economic progress would go hand in hand with social
justice, prosperity and peace for all. This principle has not lost any of its relevance: in the future, even more
than today, labour standards will be a source of social cohesion and economic stability in an era of great
changes affecting work.

International labour standards were also developed to provide a global system of instruments on labour and
social policy, backed up by a system of supervision to address all the types of problems arising in their
application at the national level. They are the legal component of the ILO’s strategy for governing globalization,
promoting sustainable development, eradicating poverty and ensuring that everyone can work in dignity and
safety. The Declaration on Social Justice for a Fair Globalization emphasizes that, in order to achieve the ILO’s
objectives in the context of globalization, the Organization must “promote the ILO’s standard-setting policy as a
cornerstone of ILO activities by enhancing its relevance in the world of work, and ensure the role of standards
as a useful means of achieving the constitutional objectives of the Organization”.

Labour Laws and Constitution of India

The Constitution of India is the touchstone for any Act passed in our country. The
Constitution of India is the largest written constitution of the world. Each and every
act which was in force before the enactment of our constitution were either amended
or nullified after its enforcement. Our constitution plays an important part in the
changes and growth in labour laws in India. The Fundamental Rights and Directive
Principles of State Policy enshrined in Part III and Part IV mentions working class
related benchmark laws.

Labour laws in Fundamental Rights

Part III of the Constitution of India is the benchmark for labor laws in India. Also,
Part III (Article 12 to 35) of the Constitution covers the fundamental rights of its
citizens which includes Equality before the law, Religion, Sex, caste, place of birth,
the abolition of untouchability, freedom of speech and expression and prohibition of
employment of children in factories.

Article 14
Equality before the law which is interpreted in labor laws as “Equal pay for Equal
work”. It does not mean that article 14 is absolute. There are a few exceptions in it
regarding labor laws such as physical ability, unskilled and skilled labors shall
receive payment according to their merit.

In the case of Randhir Singh vs Union of India, the Supreme Court said that “Even
though the principle of ‘Equal pay for Equal work’ is not defined in the Constitution
of India, it is a goal which is to be achieved through Article 14,16 and 39 (c) of the
Constitution of India.
Article 19 (1) (C)
Constitution guarantees citizens to form a union or association. The Trade Union Act,
1926 works through this Article of the Constitution. It allows workers to form trade
unions.

Trade Unions provide the power to raise voice against atrocities done to the workers.
Unionization brings power to the laborers. Trade Unions discuss various labor-
related problems with the employers, they conduct strikes, etc.

Article 23
Constitution prohibits forced labor. When the Britishers ruled over India, forced labor
was prevalent all over India. They were made to work against their will and weren’t
paid according to their work. The Government at that time were infamous for forced
labor and the landlords were also involved in forced labor.

In current times, forced or bonded labor is an offense which is punishable under the
law. The Bonded Labor (Abolition) Act, 1976 prohibits all kinds of bonded labor and
is declared illegal.

Article 24
Constitution prohibits all forms of child labor. Nobody can employ a child under the
age of 14 to work. Child labor was a massive problem of our country in the earlier
times and it still is happening but at a lower scale. The penalization of article 24 is
severe.

Relevancy of Part IV (Article 36 – 51) on Labor Laws

Part IV of the Constitution of India, which is also known as the “Directive Principles
of State Policy” aims to work toward the welfare of its citizens. DPSP cannot be
enforced in the court of law, but it provides a guideline to the legislature for
making labor laws in India.

Article 39 (a)
“The State shall, in particular, direct its policy towards securing; That the citizens,
men and women equally, have the right to an adequate means of livelihood. It means
that every citizen of the country has the right to earn a livelihood without getting
discriminated on the basis of their sex.
Article 39 (d)
Constitution says that “The State shall, in particular, direct its policy towards
securing; that there is equal pay for equal work for both men and women. Wages will
not be determined on the basis of sex rather it will be according to the amount of
work done by the worker.

Article 41
Constitution provides “ Right to Work” which means that every citizen of the country
has the right to work and the state with the best of its abilities will secure the right to
work and education.

Article 42
Provides for the upliftment of the working conditions for workers. It talks about
creating a suitable and Humane workplace. This article also talks about maternity
relief, i.e leave provided to women when they are pregnant.

Article 43
Talks about the “living wage” for its citizens. Living wage not only includes the
“bare necessities of life” but also the social and cultural upliftment of the person. It
also includes education and insurances for a person.

The State shall constantly try to create opportunities in the fields of Agriculture and
Industries with special reference to cottage industries.

Conclusion

Constitution of India is the base for all laws in our country. The labor laws are also
made according to the constitution and any violation of constitutional laws result in
the abolition of that particular law. The Directive Principles of the State policy play a
major role in the making of new labor laws in India.

Now Lets Understand Important Acts

The Factories Act,1948
There has been rise of large scale factory/ industry in India in the later half of
nineteenth century. Major Moore, Inspector-in- Chief of the Bombay Cotton
Department, in his Report in 1872-73 first of all raised the question for the provision
of legislation to regulate the working condition in factories; the first Factories act
was enacted in 1881.

Since then the act has been amended on many occasions. The Factories Act 1934 was
passed replacing all the previous legislation in regard to factories. This act was
drafted in the light of the recommendations of the Royal Commission on Labour. This
Act has also been amended suitably from time to time.

The experience of working of the Factories Act, 1934 had revealed a number of
defects and weakness which have hampered effective administration of the Act, and
the need for wholesale revision of the act to extend its protective provisions to the
large number of smaller industrial establishments was felt.

Therefore, the Factories Act, 1948 consolidating and amending the law relating to
labour in factories, was passed by the Constituent Assembly on August 28, 1948. The
Act received the assent of Governor General of India on 23 September 1948 and
came into force on April 1, 1949.

Objective of Factories Act ,1948

The main objectives of the Indian Factories Act, 1948are to regulate the working
conditions in factories, to regulate health, safety welfare, and annual leave and enact
special provision in respect of young persons, women and children who work in the
factories.

1.Working Hours:
According to the provision of working hours of adults, no adult worker shall be
required or allowed to work in a factory for more than 48 hours in a week. There
should be a weekly holiday.

2.Health:
For protecting the health of workers, the Act lays down that every factory shall be
kept clean and all necessary precautions shall be taken in this regard. The factories
should have proper drainage system, adequate lighting, ventilation, temperature etc.

Adequate arrangements for drinking water should be made. Sufficient latrine and
urinals should be provided at convenient places. These should be easily accessible to
workers and must be kept cleaned.
3. Safety:
In order to provide safety to the workers, the Act provides that the machinery should
be fenced, no young person shall work at any dangerous machine, in confined spaces,
there should be provision for manholes of adequate size so that in case of emergency
the workers can escape.

4. Welfare:
For the welfare of the workers, the Act provides that in every factory adequate and
suitable facilities for washing should be provided and maintained for the use of
workers.

Facilities for storing and drying clothing, facilities for sitting, first-aid appliances,
shelters, rest rooms’ and lunch rooms, crèches, should be there.

5. Penalties:-
The provisions of The Factories Act, 1948, or any rules made under the Act, or any
order given in writing under the Act is violated, it is treated as an offence. The
following penalties can be imposed:-
(a) Imprisonment for a term which may extend to one year;
(b) Fine which may extend to one lakh rupees; or
(c) Both fine and imprisonment.

If a worker misuses an appliance related to welfare, safety and health of workers, or

in relation to discharge of his duties, he can be imposed a penalty of Rs. 500/-.

Applicability of Factories Act, 1948

The Act is applicable to any factory whereon ten or more workers are working, or
were working on any day of the preceding twelve months, and in any part of which a
manufacturing process is being carried on with the aid of power, or is ordinarily so
carried on, or whereon twenty or more workers are working, or were working on
any day of the preceding twelve months, and in any part of which a manufacturing
process is being carried on without the aid of power, or is ordinarily so carried on;
but this does not include a mine, or a mobile unit belonging to the armed forces of
the union, a railway running shed or a hotel, restaurant or eating place.

Importance of Factories Act, 1948

The Factories Act, 1948 is a beneficial legislation. The aim and object of the Act is
essentially to safeguard the interests of workers, stop their exploitation and take
care of their safety, hygiene and welfare at their places of work. It casts various
obligations, duties and responsibilities on the occupier of a factory and also on the
factory manager. Amendments to the Act and court decisions have further extended
the nature and scope of the concept of occupier, especially vis-a-vis hazardous
processes in factories.

Definitions
1.Who is an Occupier?
According to section 2(n) "occupier" of a factory means the person, who has ultimate
control over the affairs of the factory,

Provided that-
(i) in the case of a firm or other association of individuals, any one of the individual
partners or members thereof shall be deemed to be the occupier;

(ii) in the case of a company, any one of the directors, shall be deemed to be the
occupier:

(iii) in the case of a factory owned or controlled by the Central Government or any
State Government, or any local authority, the person or persons appointed to
manage the affairs of the factory by the Central Government, the State Government
or the local authority, as the case may be, shall be deemed to be the occupier:

Provided further that in the case of a ship which is being repaired, or on which
maintenance work is being carried out, in a dry dock which is available for hire,

(1) the owner of the dock shall be deemed to be the occupier for the purposes of any
matter provided for by or under-

(a) section 6, section 7, section 7A, section 7B, section 11 or section 12;

(b) section 17, in so far as it relates to the providing and maintenance of sufficient
and suitable lighting in or around the dock;

(e) section 18, section 19, section 42, section 46, section 47 or section 49, in relation
to the workers employed on such repair or maintenance;

(2) the owner of the ship or his agent or master or other officer-in-charge of the ship
or any person who contracts with such owner, agent or master or other officer-in-
charge to carry out the repair or maintenance work shall be deemed to be the
occupier for the purposes of any matter provided for by or under section 13, section
14, section 16 or section 17 (save as otherwise provided in this proviso) or Chapter
IV (except section 27) or section 43, section 44 or section 45, Chapter VI, Chapter VII,
Chapter VIII or Chapter IX or section 108, section 109 or section 110, in relation to-

(a) the workers employed directly by him or by or through any agency; and

(b) the machinery, plant or premises in use for the purpose of carrying out such
repair or maintenance work by such owner, agent, master or other officer-in-charge
or person.

ION Exchange India Ltd. V.Deputy Chief Inspector of factories, Salem (1996).It was
held that owner can nominate any person tobe in ultimate control over the affairs of
a factory. If no one else has been nominated to be in ultimate control over the affairs
of the company, Director of a company or any partner of partnership is deemed to be
the occupier.

2. What is a factory?
According to section 2(m) "factory" means any premises including the precincts
thereof-

(i) whereon ten or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process is being
carried on with the aid of power, or is ordinarily so carried on, or

(ii) whereon twenty or more workers are working, or were working on any day of
the preceding twelve months, and in any part of which a manufacturing process is
being carried on without the aid of power, or is ordinarily so carried on, - but does
not include a mine subject to the operation of the Mines Act, 1952 (XXXV of 1952) or
a mobile unit belonging to the armed forces of the Union, a railway running shed or a
hotel, restaurant or eating place;

Explanation I--- For computing the number of workers for the purposes of this clause
all the workers in different groups and relays in a day shall be taken into account;

Explanation II.---For the purposes of this clause, the mere fact that an Electronic Data
Processing Unit or a Computer Unit is installed in any premises or part thereof, shall
not be construed to make it a factory if no manufacturing process is being carried on
in such premises or part thereof;

3. Who is a Worker?
According to section 2(l) ”worker" means a person employed directly or by or
through any agency (including a contractor) with or without the knowledge of the
principal employer whether for remuneration or not in any manufacturing process,
or in cleaning any part of the machinery or premises used for a manufacturing
process, or in any other kind of work incidental to, or connected with the
manufacturing process, or the subject of the manufacturing process but does not
include any member of the armed forces of the Union;

4. What is a Manufacturing Process?

According to section 2(k) "manufacturing process" means any process for-

(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing,

cleaning, breaking up, demolishing or otherwise treating or adopting any article or
substance with a view to its use, sale, transport, delivery or disposal; or

(ii) Pumping oil, water, sewage, or any other substance; or

(iii) Generating, transforming or transmitting power; or

(iv) composing types for printing, printing by letter press, lithography, photogravure
or other similar process or book-binding; or

(v) Constructing, reconstructing, repairing, refitting, finishing or breaking up ships

or vessels; or

(vi) Preserving or storing any article in cold storage;

5. What is hazardous process?

According to section 2(cb) "hazardous process" means any process or activity in
relation to an industry specified in the 'First Schedule where, unless special care is
taken, raw materials used therein or the intermediate or finished products, bye-
products, wastes or effluents thereof would-

(i) cause material impairment to the health of the persons engaged in or connected
therewith, or (ii) result in the pollution of the general environment:- Provided that
the State Government may, by notification in the official Gazette, amend the First
Schedule by way of addition, omission or variation of any industry specified in the
said Schedule;

Duties of Occupier
The Duties of Occupier have been clearly mentioned in the following sections of
Factories Act, 1948: -

1. Notice by Occupier (Section 7)

The occupier shall, send to the Chief Inspector a written notice in respect of all
establishments which come within the scope of the Act for the first time, before a
factory engaged in a manufacturing process which is ordinarily carried on for less
than one hundred and eighty working days in the year resumes working, whenever a
new manager is appointed. During any period for which no person has been
designated as manager of a factory or during which the person designated does not
manage the factory, any person found acting as manager, or if no such person is
found, the occupier himself, shall be deemed to be the manager of the factory for the
purposes of this Act.

2. General Duties of the Occupier(Section7A)

# To ensure the health, safety and welfare of all workers while they are at work in
the factory.

# To provide and maintain the plant and systems of work in the factory that are safe
and without risk to health of the workers.

# To provide arrangements in the factory for ensuring safety and absence of risk to
health in connection with the use, handling, storage and transport of articles and
substances

# To provide such information, instruction, training and supervision as are

necessary to ensure the health and safety of all workers at work.

# To maintain all places of work in the factory in a condition that is safe and without
risks to health and to provide and maintain such means of access to, and egress from,
such places as are safe and without such risks.

# To provide, maintain or monitor such working environment in the factory for the
workers that is safe, without risk to health and adequate as regards facilities and
arrangements for their welfare at work.

# To prepare a written statement of his general policy with respect to the health and
safety of the workers at work and the organization and arrangements in force for
carrying out that policy.
3. Appointment of Safety officers. (Section 40-B)
It shall be the duty of the of the Occupier to Appoint a Safety officer in a factory:-

(i) Wherein one thousand or more workers are ordinarily employed, or

(ii) Wherein, in the opinion of the State Government, any manufacturing process or
operation is carried on, which process or operation involves any risk of bodily
injury, poisoning or disease, or any other hazard to health, to the persons employed
in the factory, if so required by the State Government by notification in the official
Gazette.

4. Compulsory Disclosure of Information by the Occupier. (Section 41-B)

Compulsory disclosure of information by the occupier -

# The occupier of every factory involving a hazardous process shall disclose in the
manner prescribed to the Chief Inspector and the local authority.

# The occupier shall, at the time of registering the factory involving a hazardous
process, lay down a detailed policy with respect to the health and safety of the
workers employed therein and intimates such policy to the Chief Inspector and the
local authority.

# Every occupier shall, with the approval of the Chief Inspector, draw up an on-site
emergency plan and detailed disaster control measures for his factory and make
known to the workers employed therein and to the general public living in the
vicinity of the factory the safety measures required to be taken in the event of an
accident taking place.

# The occupier of a factory involving a hazardous process shall, with the previous
approval of the Chief Inspector, lay down measures for the handling, usage,
transportation and storage of hazardous substances inside the factory premises and
the disposal of such substances outside the factory premises and publicise them in
the manner prescribed among the workers and the general public living in the
vicinity.

5. Specific Responsibility of the occupier in relation to Hazardous Process. (Section

41-C)
Every occupier of a factory involving any hazardous process shall-

# maintain accurate and up-to-date health records or, as the case may be, medical
records, of the workers in the factory

# appoint persons who possess qualifications and experience in handling hazardous

substances

# Provide for medical examination of every worker.

6. Worker’s Participation in safety management. (Section 41-G)

The occupier shall, in every factory where a hazardous process takes place, or where
hazardous substances are used or handled, set up a Safety Committee consisting of
equal number of representatives of workers and management to promote co-
operation between the workers and the management in maintaining proper safety
and health at work and to review periodically the measures taken in that behalf.

7. Right of Workers to be warned about imminent dangers. (Section 41-H)

It shall be the duty of such occupier, agent, manager or the person in charge of the
factory or process to take immediate remedial action if he is satisfied about the
existence of such imminent danger and send a report forthwith of the action taken to
the nearest Inspector.

8. Facilities for sitting and Canteens. (Section 42 to 49)

It is the duty of occupier to provide welfare facilities like Lunch rooms, Canteen,
Crèche, Washing facilities, first-aid appliances etc. to all workers and to appoint a
welfare officer.

9. Annual Leave with Wage.(Section 79)

For the purpose of ensuring the continuity of work, the occupier or manager of the
factory, in agreement with the Works Committee of the factory constituted under
section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee
constituted under any other Act or if there is no such Works Committee or a similar
Committee in the factory, in agreement with the representatives of the workers
therein chosen in the prescribed manner, may lodge with the Chief Inspector a
scheme in writing whereby the grant of leave allowable under this section may be
regulated.

10. Safety and Occupational Health Survey. (Section 91-A)

The occupier or manager of the factory or any other person who for the time being
purports to be in charge of the factory, undertake safety and occupational health
surveys, and such occupier or manager or other person shall afford all facilities for
such every, including facilities for the examination and testing of plant and
machinery and collection of samples and other data relevant to the survey.

Duties of Factory Manager

The Duties of Factory Manager are mentioned in the following Sections of Factory
Act, 1948: -

1. Right of Workers to be warned about imminent danger. (Section 41-H)

It shall be the duty of such occupier, agent, manager or the person in charge of the
factory or process to take immediate remedial action if he is satisfied about the
existence of such imminent danger in the factory where the worker is engaged in any
hazardous process and send a report forthwith of the action taken to the nearest
Inspector.

2. Notice of periods of work for adults. (Section 61)

The manager of the factory shall display correctly and maintained in every factory in
accordance with the provisions of sub-section (2) of section 108, a notice of periods
of work for adults, showing clearly for every day the periods during which adult
workers may be required to work, fix the periods during which each relay of the
group may be required to work, classify them into groups according to the nature of
their work indicating the number of workers in each group, shall draw up a scheme
of shifts where under the periods during which any relay of the group may be
required to work.

3. Register of Adult Workers. (Section 62)

The manager of every factory shall maintain a register of adult workers, to be
available to the Inspector at all times during working hours, or when any work is
being carried on in the factory.

In State of Maharashtra v. Sampat Lal Mensukh Bothra (1992),it was held that the
obligation to maintain registers is imposed on the manager and

4. Annual Leave with Wage. (Section 79)

For the purpose of ensuring the continuity of work, the occupier or manager of the
factory, in agreement with the Works Committee of the factory constituted under
section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee
constituted under any other Act or if there is no such Works Committee or a similar
Committee in the factory, in agreement with the representatives of the workers
therein chosen in the prescribed manner, may lodge with the Chief Inspector a
scheme in writing whereby the grant of leave allowable under this section may be
regulated.
5. Notice of Certain Dangerous Occurrences. (Section 88A)
Notice of certain dangerous occurrences. —Where in a factory any dangerous
occurrence of such nature as may be prescribed occurs, whether causing any bodily
injury or disability or not, the manager of the factory shall send notice thereof to
such authorities, and in such form and within such time, as may be prescribed.

6. Notice of Certain Disease. (Section 89)

Where any worker in a factory contracts any disease specified in 1[the Third
Schedule], the manager of the factory shall send notice thereof to such authorities,
and in such form and within such time, as may be prescribed.

7. Safety and Occupational Health Survey. (Section 91-A)

The occupier or manager of the factory or any other person who for the time being
purports to be in charge of the factory, undertake safety and occupational health
surveys, and such occupier or manager or other person shall afford all facilities for
such every, including facilities for the examination and testing of plant and
machinery and collection of samples and other data relevant to the survey.

8. Notice of Certain Accidents. (Section 88)

Where in any factory an accident occurs which causes death, or which causes any
bodily injury by reason of which the person injured is prevented from working for a
period of forty-eight hours or more immediately following the accident, or which is
of such nature as may be prescribed in this behalf, the manager of the factory shall
send notice thereof to such authorities, and in such form and within such time, as
may be prescribed to the Chief Inspector.

General Procedure As To Filing of Cases In Case of Factory Accidents

Whenever an accident takes place in a factory the Occupier or Factory Manager shall
inform the Chief Inspector within a period of forty eight hours or so (Section 88) and
shall send Form No. 22 containing all the information regarding the said accident to
Labour Department, Industrial Health And Safety, which shall inquire into the matter
by factory inspector who shall inspect the accident spot, take the witness of the
victims, then he shall issue a show cause notice to the Occupier and Factory Manager
to reason out the causes of the mis happening. If the Factory Inspector is not satisfied
with the reply given by the factory management he shall institute a case against the
Occupier and Factory Manager before Judicial Magistrate First Class, Labour Court
(Section 105).Then in case if the party to the disputes are not satisfied with the
judgement they shall refer the case to the High Court or and to the Supreme Court
respectively.
Penalties under factory act, 1948
Section 92. General penalty for offences. -
Save as is otherwise expressly provided in this Act and subject to the provisions of
section 93, if in, or in respect of, any factory there is any contravention of the
provisions of this Act or of any rules made there under or of any order in writing
given there under, the occupier or manager of the factory shall each be guilty of an
offence and punishable with imprisonment for a term which may extend to two years
or with fine which may extend to one lakh rupees or with both, and if the
contravention is continued after conviction, with as further fine which may extend to
one thousand rupees for each day on which the contravention is so continued.

Provided that where contravention of any of the provisions of Chapter IV or any rule
made there under or under section 87 has resulted in an accident causing death or
serious bodily injury, the fine shall not be less than twenty-five thousand rupees in
the case of an accident causing death, and five thousand rupees in the case of an
accident causing serious bodily injury.

Explanation. - in this section and in section 94 "serious bodily injury" means an

injury which involves, or in all probability will involve, the permanent loss of the use
of, or permanent injury to, any limb or the permanent loss of, or injury to sight or
hearing, or the fracture of any bone, but shall not include, the fracture of bone or
joint (not being fracture of more than one bone or joint) of and phalanges of the
hand or foot.

General Manager, Wheel & A. P, Bangalore v. State of Karnataka (1996) .It was held in
this case that the requirement of obtaining sanction to prosecute is mandatory and
taking cognizance of an offence in the absence of sanction cannot be allowed to stand
and has to be quashed.

Provincial Government v. Ganpat, AIR 1943 Nag 243.It was held in this case where
the occupier or the manager of the factory admits the guilt under Section 92 of the
Act, but alleges the clerk of the Factory to be the actual offender, the onus of
establishing the innocence is on such occupier or the manager as the case maybe.

Section 94. Enhanced penalty after previous conviction. -

(1) If any person who has been convicted of any offence punishable under section 92
is again found guilty of an offence involving a contravention of the same provision,
he shall be punishable on a subsequent conviction with imprisonment for a term
which may extend to three years or with fine, which shall not be less than ten
thousand rupees but which may extend to two lakh rupees or with both;

Provided that the Court may, for any adequate and special reasons to be mentioned
in the judgment, impose a fine of less than ten thousand rupees:

Provided further that where contravention of any of the provisions of Chapter IV or

any rule made there under or under section 87 has resulted in an accident causing
death or serious bodily injury, the fine shall not be less than thirty-five thousand
rupees in the case of an accident causing death and ten thousand rupees in the case
of an accident causing serious bodily injury.

(2) For the purpose of sub-section (1), no cognizance shall be taken of any conviction
made more than two years before the commission of the offence for which the
person is subsequently being convicted.

Section 95. Penalty for obstructing inspector. -

Whoever wilfully obstructs an Inspector in the exercise of any power conferred on
him by or under this Act, or fails to produce on demand by an Inspector any register
or other documents kept in his custody in pursuance of this Act or of any rules made
there under, or conceals or prevents any workers, in a factory from appearing
before, or being examined by, an inspector, shall be punishable with imprisonment
for a term which may extend to six months or with fine which may extend to ten
thousand rupees or with both.

Section 96A. Penalty for contravention of the provisions of sections 41B, 41C and
41H.-
(1) Whoever fails to comply with or contravenes any of the provisions of sections
41B, 41C or 41H or the rules made there under, shall, in respect of such failure or
contravention, be punishable with imprisonment for a term which may extend to
seven years and with fine which may extend to two lakh rupees, and in case the
failure or contravention continues, with additional fine which may extend to five
thousand rupees for every day during which such failure or contravention continues,
after the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues beyond a

period of one year after the date of conviction, the offender shall be punishable with
imprisonment for a term which may extend to ten years.

Section 97. offences by workers. -

(1) Subject to the provisions of section 111, if any worker employed in a factory
contravenes any provision of this Act or any rules or orders made thereunder,
imposing any duty or liability on workers, he shall be punishable with fine which
may extend to five hundred rupees.

(2) Where a worker is convicted of an offence punishable under sub-section (1) the
occupier or manager of the factory shall not be deemed to be guilty of an offence in
respect of that contravention, unless it is proved that he failed to take all reasonable
measures for its prevention.

Exemptions of occupier or manager from liability in certain cases

Section 101. Exemption of occupier or manager from liability in certain cases.-

Where the occupier or manager of a factory is charged with an offence punishable
under this Act he shall be entitled, upon complaint duly made by him and on giving
to the prosecutor not less than three clear days' notice in writing of his intention so
to do, to have any other person whom he charges as the actual offender brought
before the Court at the time appointed for hearing the charge; and if, after the
commission of the offence has been proved, the occupier or manager of the factory,
as the case may be, proves to the satisfaction of the Court -

(a) that he has used due diligence to enforce the execution of this Act, and
(b) that the said other person committed the offence in question without his
knowledge, consent or connivance,

that other person shall be convicted of the offence and shall be liable to the like
punishment as if he was the occupier or manager of the factory, and the occupier or
manager, as the case may be, shall be, discharged from any liability under this Act in
respect of such offence:

Provided that in seeking to prove as aforesaid, the occupier or manager of the

factory, as the case may be, may be examined on oath, and his evidence and that of
any witness whom he calls in his support, shall be subject to cross-examination on
behalf of the person he charges as the actual offender and by the prosecutor:

Provided further that, if the person charged as the actual offender by the occupier or
manager, cannot be brought before the court at the time appointed for hearing the
charge, the court shall adjourn the hearing from time to time for a period not
exceeding three months and if by the end of the said period the person charged as
the actual offender cannot still be brought before the court, the court shall proceed
to hear the charge against the occupier or manager and shall, if the offence be
proved, convict the occupier or manager.

Changes brought about by the Factory Act,1948

The following changes were made by the factories Act, 1948: -

# The definition of the term “Factory” was widened to cover all industrial
establishments employing ten or more workers where power was used and 20 or
more workers in all other cases.

# The distinction between seasonal and non-seasonal factories was abolished.

# Under the Act of 1934 the State Governments had power to extend the application
of the Act to establishments where more than 10 Workers were employed. Under the
Act of 1948, the State Government may extend the provisions of this Act to any
establishment irrespective of the number of the workers employed therein and
irrespective of the number of the workers employed on therein and irrespective of
the fact that manufacturing work is carried by power or otherwise. The only
exception is an establishment where the work is done solely by the members of a
family.

# Chapter III of the Act of 1934 was split into three parts, dealing with health, safety
and welfare of workers. The Act specifies very clearly the minimum requirements
under three heads stated above.

# The basic provisions of the old Act relating to Health,

safety, and welfare are extended to all work places irrespective of the number of
workers employed, except premises where processes are carried on by the occupier
with the sole aid of his family.

# The minimum age for the admission of children to employment has been raised
from 12 to 14 years and the minimum permissible daily hours of work of children
were reduced from five to four and a half hour.

# Provisions are made for the licensing and registration of factories and the prior
scrutiny by the Factories Inspectorate of the Plans and specifications of factory
buildings.

# Employment of Children and women between 7 p.m. and 6 a.m. is prohibited. For
overtime work the workers are entitled to twice their normal rate of wages.

# The State Government are empowered to make rules requiring the association of
the workers in the management of arrangements for the welfare of the workers.

# State Government is obliged to see that all the factories are registered and take a
licensing for working, which should be periodically renewed. Prior approval of the
State Government has been made necessary for every New The installation of a
Factory or for the extension of an existing factory. Besides mines, the new Act also
excludes railway running sheds from the definition of Factories.

Changes made in Factories Act, 1948in 2016

The Factories (Amendment) Bill, 2016
The Factories Act 1948was an Act of Parliament passed in the United Kingdom by the
Labour government of Clement Attlee. It was passed with the intention of
safeguarding the health of workers and adopted by India.

The Factories (Amendment) Bill, 2016 was introduced in Lok Sabha on August 10,
2016 by the Minister for Labour and Employment, Mr. Bandaru Dattatreya. The Bill
amends the Factories Act, 1948. The Act regulates the safety, health and welfare of
factory workers. The Bill amends provisions related to overtime hours of work.

Key Amendments
# (Section 2) Power to make rules on various matters: The Act permits the state
government to prescribe rules on a range of matters, including double employment,
details of adult workers to be included in the factory’s register, conditions related to
exemptions to certain workers, etc.The Bill gives such rule making powers to the
central government as well.

Powers to make rules for exemptions to workers:Under the Act, the state
government may make rules to (i) define persons who hold management or
confidential positions; and (ii) exempt certain types of adult workers (e.g. those
engaged for urgent repairs) from fixed working hours, periods of rest, etc. The Bill
gives such rule making powers to both, the central and state governments.

Under the Act, such rules will not apply for more than five years. The Bill modifies
this provision to state that the five-year limitation will not apply to rules made after
the enactment of this Bill.

# (Section 64) Overtime hours of work in a quarter: The Act permits the state
government to make rules related to the regulation of overtime hours of work.
However, the total number of hours of overtime must not exceed 50 hours for a
quarter. The Bill raises this limit to 100 hours. Rules in this regard may be
prescribed by the central government as well.

# (Section 65) Overtime hours if factory has higher workload: The Act enables the
state government to permit adult workers in a factory to work overtime hours if the
factory has an exceptional work load. Further the total number of hours of overtime
work in a quarter must not exceed 75. The Bill permits the central or state
government to raise this limit to 115

Overtime in public interest: The Bill introduces a provision which permits the
central or state government to extend the 115-hour limit to 125 hours. It may do so
because of (i) excessive work load in the factory and (ii) public interest

Conclusion
The present Factories Act in operation for the last 37 years has provided ample
benefits to the factory workers. It has considerably improved their working and
employment conditions. The Government is actively considering the introduction of
some vital amendments to the Act to keep it in tune with time and make it more
effective While dealing with the duties of the Occupier and Factory Manager under
Factories Act 1948, altogether we can conclude that the Occupier and Factory
Manager has a vital role to play in assuring the health, safety and welfare of the
workers as they are the backbone of the industrial sector. It is, however necessary
that the workers and their representatives make themselves aware of the various
provisions of the Act and safeguard their interests on their own and force the
defaulting employer to be conscious of his legal obligations.

The Mines Act, 1952

The Mines Act, 1952 came into force on 1st July, 1952. The provisions of the said Act came into force on
different dates but not later than 31st December, 1953 as has been mentioned in the Act. The
applicability of the Act is extended to the whole of India. Mines Act, 1952 was legislated with the purpose
of regulating the health and safety of laborers working in the mines.

Mines Act, 1952 consists of 88 sections divided into 10 chapters. The said act came into existence solely
for the safety and health and welfare of workers working in the mines. The act however, defines as to
what is a mine. As per clause (j) of section 2 of the Act, mine means the place where any excavation work
is carried on for the searching and obtaining of minerals. Minerals as per clause (jj) of section 2 means
those substances which can be obtained from the earth by means of digging, dredging, drilling, mining or
through other operations. Minerals as per this clause also include mineral oils which mean natural gas
and petroleum.
Chapter 2 of the Act deals with Inspectors and Certifying surgeons. Section 5 provides that there should
be an appointment of one chief inspector that would be regulating all the territories in which mining is
done and an inspector for every mine who would be sub ordinate to the chief inspector. Moreover, the
District Magistrate is also empowered to perform the duties of an inspector subject to the orders of the
Central Government. However, the Act restricts the District Magistrate from exercising such powers under
sections 22, 22A and 61 of the Act.

The chief inspector or any of the inspectors would make such inquiry, at any time whether day or night, in
order to check whether the law is being abided in the mines or not. However, they would not exercise
their rights in such a way which would obstruct the work in mines. The inspector would inquire about the
safety, welfare and health of the persons working in the mine along with the conditions of the mine. While
making inquiry and examining the conditions of the mine, the chief inspector or any inspector has reason
to believe that any offence is being committed, in that case, the inspector would be empowered to initiate
search and seizure as mentioned in the Code of Criminal Procedure, 1973.

The certifying surgeon is appointed under section 11 of the Act. Any medical practitioner can be
appointed as certifying surgeon for a group of mines as notified by the Central Government. The certifying
surgeon has the power to appoint qualified medical practitioner to exercise such powers which the
certifying surgeon would specify. The certifying surgeon and the qualified medical practitioner would
examine the persons working in the mine and the exercise of such medical supervision would be
prescribed by the Central Government.

Chapter 5 the of the Act deals with health and safety of the workers. Section 19 provides that there
should be the facility of safe drinking water in every mine and that each such point should be legibly
marked as “Drinking Water” in such languages as is understood by the people working there. There would
be accessibility of first aid boxes or the cupboards filled with such contents and a person trained in such
first aid treatment should be available during the working hours of the mines. A conveyance should be
readily available in cases where there is a need to take any person to the nearest dispensary or hospital.
The number of first aid boxes should be such as prescribed by the central government however, in places
where there are more than hundred and fifty workers, in such cases, the size of the room should be such
which can occupy all the workers along with first aid boxes and required number of nurses.

The mines act, 1952 was amended in 1983 which provided a new law for the mine workers. It provides
that the person working in the mine should not be less than eighteen years of age. If in case a child is
seen to be working in the mine, in such a case, the owner, manager or agent of such a mine should be
held responsible and a penalty of rupees five hundred would be imposed upon him. Since there is a
lesser penalty imposed upon the owner, manager or agent, so the parliament has drafted a new
amendment bill in 2011 which is still pending. Therefore, the new amendment bill would bring beneficial
changes in favor of the workers working in the mines.

Interstate Migrant Workmen Act 1979

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 is an Act of
the Parliament of India enacted to regulate the condition of service of inter-state labourers in Indian labour law. The
Act's purpose is to protect workers whose services are requisitioned outside their native states in India. Whenever an
employer faces shortage of skills among the locally available workers, the act creates provision to employ better
skilled workers available outside the state.

The employment system of interstate migrant labour was an exploitative system prevalent more or less in all over
India. It was rampantly institutionalized in Orissa and in some other states. In Orissa the migrant labour (called dadan
labour locally) through contractors or agents (called Sardars / Khatedars) are sent for work outside the state in large
construction projects. This system lends itself to various abuses. Sardar promising at the time of recruitment that
wages would be calculated on piece rate basis would not be settled every month as promised. Once the worker came
under clutches of the contractor he took him to a far off place on payment of railways fare only. No working hours
were fixed for interstate migrant workers and they had to work on all the days in a week under extremely bad working
conditions.
Twenty eighth State Labour Ministers conference held on 21-10-1976 recommended for setting up of a small
compact committee to examine all issues and suggest measures for eliminating the abuses prevalent in the interstate
workers deployment. The compact committee which was constituted in February 1977, recommended the enactment
of a separate central legislation to regulate the employment of interstate migrant workers as it was felt the provisions
of the Contract Labour (Regulation and Abolition) Act 1970, even after necessary amendments would not adequately
take care of the variety of malpractices indulged in by the principal employers/contractors/Sardars/Khatedars etc. and
the required facilities to be provided to these workmen in view of the peculiar circumstances in which they are
working.

Rights of interstate workers

In addition to the general labour laws applicable to all workers, the interstate workers are entitled with

 equal or better wages for the similar nature & duration of work applicable for the local workmen or stipulated
minimum wages under the Minimum Wages Act, 1948 whichever is more,
 displacement allowance (Section 14),
 home journey allowance (Section 15) including payment of wages during the period of journey,
 suitable residential accommodation and medical facilities free of charge on mandatory basis.
 Termination of employment after the contract period without any liability.
 Right to lodge compliant with the authorities within three months of any incident, accident, etc.

Role of contractors
Registration of all contractors who employs or employed five or more Interstate Migrant Workmen on any day of the
preceding 12 months.

 Furnish the details of workmen periodically in such forms as prescribed by state government.
 Maintain the registers indicating the details of interstate workers and make available for scrutiny by the statutory
authorities.
 Issue of passbook affixed with a passport-sized photograph of the workman indicating the name and the place of
the establishment where the worker is employed, the period of employment, rates of wages, etc. to every inter-
state migrant workman.
 Reporting by the contractor the incidence of fatal accident or serious injury of such workman to the specified
authorities of both the States and also the next of kin of the workman.
 Liable for the prescribed punishments for violations committed under this Act.

Role of principal employers[edit]

 Registration of all principal employers who employs or employed directly or indirectly five or more Interstate
Migrant Workmen on any day of the preceding 12 months.
 Maintain the registers indicating the details of interstate workers and make available for scrutiny by the statutory
authorities.
 Every principal employer shall nominate a representative duly authorized by him to be present at the time of
disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts
paid as wages in such manner and may be prescribed.
 Principal employer shall be liable to bear the wages and other benefits to interstate workers in case of failure by
the contractor to effect the same.
 Liable for the prescribed punishments for violations committed under this Act.

Role of state governments

 Appointment of inspectors to oversee implementation of this act.

 Appointment of registration officers to grant and revoke registration of contractors / principal employers /
establishments.
 Appointment of licensing officers to grant, suspend and revoke licenses to contractors / principal employers /
establishments
 Making rules for carrying out the purposes of this Act subject to the condition of previous publication
 Entertaining appeals from the aggrieved parties and disposal of the same as per this Act

Actual implementation
As per the census of the year 1991, nearly 20 million people migrated to other states seeking livelihood. Within a
decade, the number of interstate migrants doubled to 41,166,265 persons as per the census figures of 2001. It is
estimated that there are at present around 80 million migrants of which, 40 million are in the construction industry, 20
million are domestic workers, 12 million working in illegal mines otherwise called “small scale quarries”, etc. [3] Since
the stipulations of this act are not implemented in true spirit by the state governments, more and more interstate
workers are deployed in miserable working conditions at wages far below the prevailing local wages.[4] The vested
interest of labour departments in collusion with the principal employers /contractors is the main stumbling block to
implement this act which is hurting the interests of the local workmen and the improvement in their living standards. [5]

Proposed amendment
The Interstate Migrant Workers (Regulation of Employment and Conditions of Service) Amendment Bill, 2011 is
proposed to make this Act gender neutral by amending its title and replacing the word ‘workman and workmen’ by the
words ‘worker and workers’ respectively.[6] However, the lawmakers have not thought of bringing additional provisions
to implement this Act strictly with more accountability and punishments for violations.

Possible improvements

 All interstate workers should be registered in gram panchayat or municipality or corporation compulsory.
 All interstate workers shall be provided with the benefits of Public Distribution System (PDS) Cards to avoid
buying food grains and kerosene at higher prices. Adhar identity card shall be made compulsory for the
interstate workers.
 The remuneration to interstate workers shall be deposited in their bank accounts and not by cash by the
contractors
 Every state government shall mandatorily operate an internet portal indicating the registered principal employers,
contractors, establishments and interstate workmen details including Adhar card data for general public
information and verification. The details of interstate workmen shall be uploaded by the principal employers and
contractors promptly. Non compliance by the principal employers or contractors is treated as violation of the Act
and liable for punishment.
 No contractor shall deploy the workers outside the state without getting registered in that state. All the details of
the interstate workers deployment outside the state shall be made available to the state authorities promptly.
 The state government authorities shall conduct mandatory yearly audit of all employers / contractors in a state
regarding deployment of interstate workers and submit yearly compliance status or implementation report to the
state assembly for their scrutiny.
 The ongoing finance commission shall give weight age in devolution of central government funds to the states
which are giving more employment to interstate workers as they are ahead in demographic transition.
Demographic transition of a state is a real index & status of all round human and economical development.

Social problems
More and more interstate workers deployment is bringing social and cultural tensions in the states which are created
on linguistic basis. Interstate workers being under the hold of their employers are scared of associating with local
workers in ameliorating their living standards and working conditions. Many times interstate workers are reluctant to
learn speaking in local majority language and to understand the local customs. Some times in the guise of interstate
workers, interstate thieves / robbers / dacoits commit theft, murders, etc. creating law and order problems.
 Contract Labour Act
The Contract Labour (Regulation and Abolition) Act, has been enacted by the Indian Legislature from the year 1970.
The act intends to prohibit the employment of contract labour in certain circumstances and to regulate the working
conditions of contract labour during employment. In this article, we look at the Contract Labour Act applicable in India
in detail.

Applicability of the Act

The Contract Labour (Regulation and Abolition) Act applies to the following entities:

 It applies to any establishment in which twenty or more workmen are employed on any day of the of the
accounting year as contract labour.
 It applies to any contractor who employs or who employed twenty or more workers on any day of the
accounting year.
 Also, it does not apply to the establishments if any work performed in the intermittent nature.
 It does not apply to the establishments if any work not performed for more than one-twenty days in a year.
 It does not apply to the establishments situated in the special economic zone(SEZ).
 It does not apply to the establishments if any work performed in the seasonal nature for more than sixty days
in a year.

Contractor under section(2) of the act

A contractor is a person who takes over the responsibility to produce a given result for the establishment, other than a
supply of goods or services of manufacture to such establishment, through contract labour or the person who
provides contract labour for any work of the establishment and includes a sub-contractor.

Advisory Boards
The central Government under section 3 is excepted to set up the Central Advisory Contract Labour Board on
activities relating to the administration of the act.

The Central Board should consist of the following are

 The Chairman to be appointed by the Central Government.

 The Chief Labour Commissioner (Central).

Central Advisory Board

The number of members, which does not exceeds seventeen but should not be less than eleven, as the Central
Government may specify to represent the government, the Railways sector, the coal industry, the mining sector, the
contractors, the workmen and any other sector with the opinion of the Central Government have to represent on the
Central Board.

State Advisory Board

The State board should consist of the following are

 A Chairman to be nominated by the State Government

  The Labour Commissioner or in his absence any other officer represented by the State Government.
 The number of members, which does not exceed eleven but should not be less than nine, as the State
Government may appoint to represent the government, industry, contractors, workers and any other sectors
with the opinion of the State Government have to represent on the State Board.

Registration of Establishments Employing Contract

Labour
Every establishment which proposes to employ contract workers for its work is required to obtain a certificate of
registration from the appropriate Government.

The procedure for registering establishment employed with contract labour are explained here.

 The employer should approach the Registering office with Application for registration in Form No I and along
with the receipt representing payment of the prescribed fee.
 If the application for registration is fulfilled in all aspects, the registering officer can register the establishment
and grant the copy of the registered certificate in Form-II.

Every certificate of registration will contain the following

 The name and address of the establishment.

 The maximum number of workers to be contracted as contract labour in the establishment.
 The type of business.
 Other important particulars, if any.

Documents Required for Registration

The required documents are to be produced by the contractor to the employer for approval. They are

 Copy of the report showing the legal status of the firm.

 Photograph of the document showing allotment of PF Code No.
 Copy of receipt/cover note/insurance policy received.
 Copy of challans showing remittance of security deposit.
 The license fee to receive the labour license.

Note: Contractors should in an application Form for engaging contract labour every month or a new entry.

Effect of Non-Registration
In case an establishment required to be enrolled under Section 7 has not been recorded within the time specified for
the purpose under that section, then the punishment will be given as per section 36.

Licensing of Contractor
Every contractor who has employed twenty or more workers on any day of the month has to obtain a license for
engaging contract labour working for any establishment.

The authorised licensing officer will issue the license as per the provisions under section12.
Grant of License under section 13G
The Procedure for granting the license is as follows:

 The Contractor has to request the Licensing Authority along with the application for the grant of a license in
Form No-IV.
 Security amount of Rs.20 that has to be deposited at the time of applying for the license.
 Receipt about the fee paid to the licensing officer.
 Certificate by the principal employer in Form-V stating that he employs the applicant as the contractor
concerning its establishment.
 The licensing officer, after making necessary investigations will grant a license in Form VI which can be
renewed from time to time.

Renewal of License
Procedure for renewal of the license is given below:

The contractor should approach the Licensing authority before 30 days of the expiry date of the license along with the
application for the renewal of license in Form VII in multiple copies.

The required fee has to be remitted by the applicant. If the applicant does not submit prescribed date the renewal
application, then the contractor will have to pay a fee of 25% more than the fee ordinary Payable.

Responsibilities of the Employer

The following responsibilities to be carried out by the employers are explained below:

 To get the registration of the Establishment.

 To engage workers only through licensed contractors. The notice showing the name and address of the
Inspector in the language of both English and Local Language, the rate of salary, date of payment.
 To retrieve the expenses involved from the contractor through bills payable.
 The principal employer has to choose a representative to be present at the time of disbursement of wages to
the contract workers.
 It is the duty of such representative has to certify the amount paid as wages in the wage-register.
 Report the details relating to contract labour when the inspector requires.
 Maintain a register of Contractors (Form XII).
 Number of Contractors – Nature of Work performed.
 To send the information relating Annual Return (Form XXV) to licensing authority by 15th February.
 To submit returns for each contractor within 15 days of start or completion of work (Form VIA).
 To provide welfare and Health facilities, if the contract is not producing under Section 16 and section 20.

Responsibilities of the Contractor

The following responsibilities to be carried out by the contractors are explained below:

 To get approval from the Employer.

 To obtain a License from the Licensing Authority.
 To submit the monthly printed bill to the firm for payment of the work done by him starting from the day of
the month.
 To present the Name of the Inspector, Wages paid & Abstract of the Act.
  To maintain Muster roll, Wages, Deductions, Overtime, Fines, Advance, Wage slipsRegisters under Section
29.
 To provide Welfare and Health facilities such as Canteens, if labour is above a hundred members restrooms
has to be compulsorily provided and also drinking water, urinals, latrines, first aid under section 19.
 To be responsible for the payment of wages before the 7th of each month underSection 21.
 To disburse the salaries in the presence of the representative of the employer.
 To distribute employment cards to all the workers by three days of the start of work.
 To send the half early return in form xxiv after 30 days from close of the halfyear, i.e. June and December.

Penalties
Contravention of provisions concerning employment of contract
labour
Any persons who violate any clause of this Act or any rules made under this Act will be punishable with custody for a
term which is more than three months, or with the penalty which is more than one thousand rupees, or with both.

In the case of a continuing contravention then the additional fine imposed which will be more than one hundred
rupees for every day of such violation continues after conviction for the first such contravention.

Other offences
If any person infringes any of the provisions of this Act or of any rules made under the act for which no additional
penalty is provided, then he will be punishable with imprisonment for a course which may be more than three months,
or with fine more than one thousand rupees or with both.

Offences by Employer
If an employer is committing a crime under this Act, the employer, as well as the responsibility of the company for the
conduct of its business at the time of the commission of the offence, will be considered to be guilty of the crime and
liable to be proceeded against and punished accordingly.

Provided that nothing contained in this sub-section should render any such person liable to any punishment if he
states that the offence was committed without his knowledge or that he practised the due diligence to prevent the
commission from such offence.

The Building and Other Construction Workers Act 1996

The Building and Other Construction Workers (Regulation of Employment and

Conditions of Service) Bill having been passed by both the Houses of Parliament
received the assent of the President on 19th August, .1996. It came on the Statute
Book as THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF
EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 (27 of 1996).
in building and other construction works more than eight million workers are engaged
throughout the country. These workers are one of the most vulnerable segments of the
unorganised labour in India. Their work is of temporary nature, the relationship
between employer and the employee is temporary, working hours are uncertain. Basic
amenities and welfare facilities provided to these workers are inadequate. Risk to life
and limb is also inherent. In the absence of adequate statutory provisions to get the
requisite information regarding the number and nature of accidents was quite difficult
and due to this to fix responsibility or to take corrective measures was not an easy job.
Although the provisions of certain Central Acts were applicable to the building and other
construction workers yet a need was felt for a comprehensive Central Legislation for
regulating the safety, welfare and other conditions of service of these workers. In
pursuant to the decision of the 41st Labour Ministers Conference held on 18th May,
1995, the Committee of State Labour Ministers had expressed its consensus for the
Central Legislation on this subject. In order to regulate the employment and conditions
of service of building and other construction workers and to provide for their safety,
health and welfare measures the Building and Other Construction Workers (Regulation
of Employment and Conditions of Service) Ordinance, 1995 (Ord. 14 of 1995) was
promulgated by the President on 3rd November, 1995 as the Parliament was /not in
session. To replace this Ordinance a Bill was introduced in the Lok Sabha on 1st
December, 1995. Since the Bill could not be taken up for consideration it lapsed. On 5th
January, 1996 the President promulgated the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Ordinance, 1996 (Ord. 3 of
1996). To replace this Ordinance a Bill was introduced in the Parliament which could not
be passed and the President promulgated the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Second Ordinance, 1996 (Ord.
15 of 1996) on 27th March, 1996. As this Ordinance could not be replaced by an Act of
Parliament the President promulgated the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Third Ordinance, 1990 (Ord. 25
of 1996) on 20th June, 1996. In order to replace this Ordinance the Building and Other
Construction Workers (Regulation of Employment and Conditions of Service) Bill was
introduced in the Parliament.

In building and other construction works more than eight million workers are
engaged throughout the country. These workers are one of the most vulnerable
segments of the unorganised labour in India. Their work is of temporary nature, the
relationship between employer and the employee is temporary, working hours are
uncertain. Basic amenities and welfare facilities provided to these workers are
inadequate. Risk to life and limb is also inherent. In the absence of adequate
statutory provisions to get the requisite information regarding the number and
nature of accidents was quite difficult and due to this to fix responsibility or to take
corrective measures was not an easy job. Although the provisions of certain Central
Acts were applicable to the building and other construction workers yet a need was
felt for a comprehensive Central Legislation for regulating the safety, welfare and
other conditions of service of these workers. In pursuant to the decision of the 41st
Labour Ministers Conference held on 18th May, 1995, the Committee of State Labour
Ministers had expressed its consensus for the Central Legislation on this subject. In
order to regulate the employment and conditions of service of building and other
construction workers and to provide for their safety, health and welfare measures
the Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Ordinance, 1995 (Ord. 14 of 1995) was promulgated by the
President on 3rd November, 1995 as the Parliament was /not in session. To replace
this Ordinance a Bill was introduced in the Lok Sabha on 1st December, 1995. Since
the Bill could not be taken up for consideration it lapsed. On 5th January, 1996 the
President promulgated the Building and Other Construction Workers (Regulation of
Employment and Conditions of Service) Ordinance, 1996 (Ord. 3 of 1996). To replace
this Ordinance a Bill was introduced in the Parliament which could not be passed
and the President promulgated the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Second Ordinance, 1996 (Ord.
15 of 1996) on 27th March, 1996. As this Ordinance could not be replaced by an Act
of Parliament the President promulgated the Building and Other Construction
Workers (Regulation of Employment and Conditions of Service) Third Ordinance,
1990 (Ord. 25 of 1996) on 20th June, 1996. In order to replace this Ordinance the
Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Bill was introduced in the Parliament.

STATEMENT OF OBJECTS AND REASONS

 It is estimated that about 8.5 million workers in the country are engaged in
building and other construction works. Building and other construction
workers are one of the most numerous and vulnerable segments of the
unorganised labour in India. The building and other construction works are
characterised by their inherent risk to the life and limb of the workers. The
work is also characterised by its casual nature, temporary relationship
between employer and employee, uncertain working hours, lack of basic
amenities and inadequacy of welfare facilities. In the absence of adequate
statutory provisions, the requisite information regarding the number and
nature of accidents is also not forthcoming. In the absence of such
information, it is difficult to fix responsibility or to take any corrective action.
 Although the provisions of certain Central Acts are applicable to the building
and other construction workers yet a need has been felt for a comprehensive
Central Legislation for regulating their safety, health, welfare and other
conditions of service The State Governments and Union Territory
Administrations have been consulted ID the matter and a majority of them
have favored such a legislation. Also, in a meeting of the Committee of State
Labour Ministers constituted pursuant to the decision of the 41st Labour
Ministers' Conference held under the Chairmanship of the then Union Labour
Minister on the 18th May, 1995, a general consensus had emerged on the need
for the proposed Central Legislation.

 In view of the circumstances explained above, it has been considered

necessary to constitute Welfare Boards in every State so as to provide and
monitor social security schemes and welfare measures for the benefit of
building and other construction workers. For the said purpose, it has been
considered appropriate to bring in a comprehensive legislation by suitably
amplifying the provisions of the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Bill, 1988 which was
introduced in the Rajya Sabha on the 5th December, 1988. It has also been
considered necessary to levy a cess on the cost of construction incurred by the
employers on the building and other construction works for ensuring
sufficient funds for the Welfare Boards to undertake the social security
Schemes and welfare measures.

 As Parliament was not in session and in view of the urgency felt by the
Government for meeting the longstanding demand for the aforesaid
legislation, the President was pleased to promulgate the Building and Other
Construction Workers (Regulation of Employment and Conditions of Service)
Ordinance, 1995 (Ordinance 14 of 1995) along with another Ordinance for the
levy of a cess on the 3rd November, 1995.

 A Bill, namely the Building and Other Construction Workers (Regulation of

Employment and Conditions of Service) Bill, 1995 was introduced in Lok
Sabha on the 1st December, 1995 to replace the aforesaid Ordinance by an Act
of Parliament Singe the said Bill could not be taken up for consideration in the
Winter Session, 1995 and the Budget Session, 1996 of Lok Sabha, fresh
Ordinances, namely, the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Ordinance, 1996 and
the Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Second Ordinance, 1996 (Ordinance 15 of 1996)
respectively were promulgated on the 5tIl January , 1996 and the 27th March.
 1996 with a view to provide continued effect to the legislative protection. With
tile dissolution of the 10th Lok Sabha, the Building and Other Construction
Workers (Regulation of Employment and Conditions, of Service) Bill, 1995 has
lapsed. By virtue of Articles 123 (2)(a) of the Constitution the Building and
Other Construction Workers (Regulation of Employment and Conditions of
Service) Second Ordinance, promulgated on 27th March, 1996 would have
also ceased to operate with effect from 4th July, 1996. In view of the urgency
attaching to the matter and as Parliament was not in Session, the President
was pleased to promulgate the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Third Ordinance, 1996
(Ordinance 25 of 1996), on 10th June, 1996 in order to give continued effect to
the legislative protection envisaged in the said ordinance.

 The Building and Other Construction Workers (Regulation of Employment and

Conditions of Service) Third Ordinance, 1996, inter alia, provides for the
following matters, namely:-

(i) provision to cover every establishment which employs or had employed on

any day of the preceding twelve months, fifty or more workers in any building
or other construction work;

(ii) define "appropriate Government" in respect of various establishments and

also to enable to Central Government to notify and public sector undertaking
in respect of which the Central Government will be the appropriate
Government;

(iii) constitution of Central and State Advisory Committee to advise the

appropriate Government on matters arising out of administration of the said
Ordinance:

(iv) constitution of Expert Committee to advise on matters relating to framing

of rules by the appropriate Government.

(v) registration of establishments employing construction workers, and

appointment of registering officers;

(vi) registration of building workers as beneficiaries under the said Ordinance

and provision for their identity cards, etc.;

(vii) constitution of Welfare Boards by the State Governments and registration

 of beneficiaries under the Fund;

(viii) provide for final1cing and augmenting resources of the Welfare Board
constituted by the State Governments;

(ix) fixing hours for normal working day, weekly paid rest day, wages for over
time, provision of basic welfare: amenities like drinking water, latrines and
urinals, crches, first aid, canteens, etc., for the building workers;

(x) provision for temporary living accommodation to all building workers

within or near the work site;

(xi) making adequate provisions for safety and health measures for
construction workers including appointment of safety committees and safety
officers and compulsory notification of accidents;

(xii) empowering the Central Government to frame model rules for safety
measures headed by Director -General of Inspection at the Central Level and
Inspector-General at the State Level;

(xiii) provision for appointment of inspecting staff including Director-General

of Inspection at the Central level and Inspector-General at the State level;

(xiv) special provisions regarding fixing responsibility of employers to ensure

compliance with safety provisions and with regard to prevention of accidents,
timely payment of wages, etc;

(xv) provision for penalties for contravention, obstructions, violation and

offence; taking cognizance by court of offence punishable under this Bill; and
protection of action taken in good faith;

(xvi) application of the Workmen's Compensation Act, 1923 to building and

other construction workers; and

(xvii) empowering the Central Government to give directions to the States and
to remove difficulties arising in giving effect to the provisions of the said
Ordinance.

 The Bill seeks to replace the Building and Other Construction Workers
(Regulation of Employment and Conditions of Service) Third Ordinance, .1996.
Child Labour (Prohibition and Regulation) Act 1986
The Child Labour (Prohibition and Regulation) Act, 1986 is one the most debated acts
regarding children in India. It outlines where and how children can work and where they
can not. The provisions of the act are meant to be acted upon immediately after the
publication of the act, except for part III that discusses the conditions in which a child may
work. Part III can only come into effect as per a date appointed by the Central Government
(which was decided as 26th of May, 1993).

The act defines a child as any person who has not completed his fourteenth year of age. Part
II of the act prohibits children from working in any occupation listed in Part A of the
Schedule; for example: Catering at railway establishments, construction work on the railway
or anywhere near the tracks, plastics factories, automobile garages, etc. The act also
prohibits children from working in places where certain processes are being undertaken, as
listed in Part B of the Schedule; for example: beedi making, tanning, soap manufacture, brick
kilns and roof tiles units, etc. These provisions do not apply to a workshop where the
occupier is working with the help of his family or in a government recognised or aided
school.

The act calls for the establishment of a Child Labour Technical Advisory Committee (CLTAC)
who is responsible for advising the government about additions to the Schedule lists.

Part III of the act outlines the conditions in which children may work in
occupations/processes not listed in the schedule. The number of hours of a particular kind
of establishment of class of establishments is to be set and no child can work for more than
those many hours in that particular establishment. Children are not permitted to work for
more than three hour stretches and must receive an hour break after the three hours.
Children are not permitted to work for more than six hour stretches including their break
interval and can not work between the hours of 7 p.m. and 8 a.m. No child is allowed to work
overtime or work in more than one place in a given day. A child must receive a holiday from
work every week. The employer of the child is required to send a notification to an inspector
about a child working in their establishment and keep a register of all children being
employed for inspection.

If there is a dispute as to the age of the child, the inspector can submit the child for a medical
exam to determine his/her age when a birth certificate is not available. Notices about
prohibition of certain child labour and penalties should be posted in every railway station,
port authority and workshop/establishment.

The health conditions of work being undertaken by children shall be set for each particular
kind of establishment of class of establishments by the appropriate government. The rules
may cover topics such as cleanliness, light, disposal of waste and effluents, drinking water,
bathrooms, protection of eyes, maintenance and safety of buildings, etc.

Section IV of the act outlines various remaining aspects such as Penalties. The penalty of
allowing a child to work in occupations/ processes outlined in the schedule which are
prohibited is a minimum of 3 months prison time and/or a minimum of Rs. 10,000 in fines.
Second time offenders are subject to jail time of minimum six months. Failure to notify an
inspector, keep a register, post a sign or any other requirement is punishable by simple
imprisonment and/or a fine up to Rs. 10,000. Offenders can only be tried in courts higher
than a magistrate or metropolitan magistrate of the first class. Courts also have the authority
to appoint people to be inspectors under this act.

Rules of this act must be passed by the respective parliaments (state or central). Any
changes or added provisions must be passed by the parliament. The establishment of this act
also calls for a change in a number of other acts. The Employment of Children Act of 1938 is
repealed. The enactment of this act changes the definition of child to one who has not
completed his fourteenth year of age. Hence under provisions of this act the age of a child is
also changed in the Minimum Wages Age 1948, the Plantations Labour Act 1951, the
Merchant Shipping Act 1958, and the Motor Transport Workers Act 1961.
UNIT-7 MCQ LABOUR WELFARE

1) __________________ refers to all types of relationship between all the parties concerned with
industry.
a. Industrial relations.
b. Human relations.
c. General relations.
d. All of these.
2) The scope of IR does not include
a. Employer and employee relation.
b.Employee and trade union relation.
c. Employer, employee and trade union relation.
d.Employee and customer relation
3) Dominant aspects of industrial relations are
a. Co-operation.
b.Conflict
c. Both (A) and(B).
d.None of these.
4) Which of the following factor affecting IR?
a. Institutional Factors
b.Economic factors
c. Social factors
d.All of these.
5) Which of the following is not a part of the scope of industrial relations
a. Labor relations
b.Employer –employee relations
c. Group Relation
d.None of these
6) Main aspects of industrial relations are
a. Promotion and development of healthy manager and labor relations
b.Maintenance of industrial peace and avoidance of industrial dispute
c. Development of industrial democracy
d.All of these
7) Which of the following factors not affecting industrial relations
a. Psychological factors
b.Political factors
c. Global factors
d.None of these
8) Which of the following is the approaches of industrial relation
a. Gandhian approach
b.System approach
c. Oxford approach
d.All of these
9) John Dunlop gave the
a. Gandhian approach
b.System approach
c. Oxford approach
d.All of these
10) Collective bargaining was considered as apex of IR system is concerned with
a. Gandhian approach
UNIT-7 MCQ LABOUR WELFARE
b.Systems approach
c. Oxford approach
d.All of these
11) Which of the following is an objective for IR?
a. To safeguard mutual trust
b.To raise productivity
c. To avoid industrial strike
d.None of these
12) Temporary closing down the undertaking with the intention of forcing workers to accept the
demand of the employer is called
a. Lockout
b.Layoff
c. Strike
d.Retrenchment
13) The conflicts and dispute between employers and employees on any industrial matters are
known as
a. Industrial disputes
b.Human relations
c. Conflict relations
d.All of these
14) The phrase collective bargaining was first coined by
a. Sydney and Beatrice web
b.U.K.
c. Both A& B
d.None of these
15) Workers participated in management is highlighted in
a. Article 43A
b.Article 42 A
c. Both ( a) and (b)
d.None of these
16) Workers participated in management has _______________objectives
a. Economic
b.Psychological
c. Both A& B
d.None of these
17) __________ is the ultimate remedy for the settlement of industrial dispute through the
intervention by the third party appointed by the government
a. Conciliation
b.Voluntary Arbitration
c. Adjudication
d.Collective bargaining
18) The utility of non violence as the means of conflict resolution is the principle of
a. Gandhian approach
b.System approach
c. Both ( a) and (b)
d.All of these
19) A trade union is a continuous association of wage earners for the purpose of maintaining or
improving the condition of their working lives
a. Sydney & Beatrice web
b.G.D.H. Cole
c. Both A& B
UNIT-7 MCQ LABOUR WELFARE
d.None of these
20) A______ strives to protect maintain and improve economic, social and vocational interest of
their members
a. Trade union
b.Employer union
c. Both A& B
d.None of these
21) The objectives of trade union includes
a. Employee compensation
b.Working Condition
c. Recognition and participation
d.All of these
22) Which of the following is not a type of trade union
a. Craft union
b.Stable union
c. Company union
d.Industrial union
23) Which of the following is the method of trade union
a. Mutual insurance
b.Collective bargaining
c. Political action
d. All of these
24) The first union was recognized in
a. 1884
b.1890
c. 1918
d.1920
25) Theories of trade union includes
a. Industrial democracy
b.Social psychological
c. Capitalism approach
d.All of these
26) Which theory was given by Robert.F.Hoxie
a. Industrial democracy / Non revolutionary
b.Social Psychological
c. Capitalism Approach
d.Anti- Capitalism/Revolutionary
27) Which theory was given by Karl Max
a. Industrial democracy / Non revolutionary
b.Social Psychological
c. Capitalism Approach
d.Anti- Capitalism/Revolutionary
28) Who was the first trade unionist in India
a. Selig Perlman
b. N.M. Lokhanday
c. Gandhiji
d.All of these
29) Structure of trade union is concerned with
a. On the basis off purpose
b. On the basis of membership structure
c. Both A&B
UNIT-7 MCQ LABOUR WELFARE
d.All of these
30) AITUC was established in
a. 1920
b. 1954
c. 1930
d. All of these
31) Such union destroying the present economic system by resorting the revolutionary measures .
The seek to abolish the wage system and private property
a. Anarchist
b. Political union
c. Predatory
d. Guerilla Union
32) Which of the following is not the characteristic of the trade union
a. Common Goal
b.Individual action
c. Both ( a) and (b)
d.All of these
33) Types of organization to which trade union are affiliated
a. The National Federation
b. The federation of union
c. Both ( a) and (b)
d.All of these
34) Which of the following is a function of trade union
a. Militant function
b.Fraternal function
c. Both ( a) and (b)
d.All of these
35) Techniques to achieve the objectives of organization are
a. Collective bargaining
b. Grievance Handling
c. Negotiations
d. All of these
36) Internal problem of trade union are
a. Migratory character
b. Homogenous character
c. Poor economic conditions
d.All of these
37) Which of the following factors are not the measures to strengthen the trade union in India
a. Education of workers
b. Economic and social uplift
c. Effective leadership
d. None of these
38) The central trade union in India is/are
a. AITUC
b. INTUC
c. UTUC
d. All of the above
39) The first president of AITUC was
a. Sarabhai and Banker
b.Gandhiji
c. Lala Lajpat Rai
UNIT-7 MCQ LABOUR WELFARE
d.All of these
40) Hind Mazdoor Panchayat(HMP) was established in
a. 1965
b. 1948
c. 1930
d. 1945
41) All India Trade Union Congress (AITUC) has political link with
a. CPI
b. CPI(M)
c. BJP
d. All of these
42) The agreement arrived between the representative of a trade union and employer is known as
a. Collective agreement
b. Mutual agreement
c. Both ( a) and (b)
d. None of the above
43) __________ denotes the absence of an employee when he is scheduled to work
a. Labor turnover
b. Absenteeism
c. Both ( a) and (b)
d. None of the above
44) Recognition of the trade union was made by the provision of
a. Trade union act ,1926
b. Industrial disputes Act , 1947
c. Code of discipline
d. Factories Act 1948
45) Which is not a structure of trade union of industrial organization
a. Craft union
b.General union
c. Industrial union
d. Consumers union
46) What should be the minimum number required to register a union
a. 100
b. 7
c. 6
d. All of the above
47) The basic function of the trade union is
a. To protect and promote the interest of the worker
b. Acquiring the control of industry by workers
c. Imbibing sincerity and discipline of workers
d.To provide cultural and recreational activities
48) Intra union rivalry means
a. Rivalry between union
b. Rivalry within the same union
c. Rivalry between union and management
d. All of the above
49) Which of the following is not the principle of Industrial relations policy
a. The code of conduct
b. Labor welfare activities
c. The code of discipline
d.All of the above
UNIT-7 MCQ LABOUR WELFARE
50) Which of the following is not a part of industrial relations
a. Government and employers
b. Trade unions, union federations or associations
c. Foreign companies
d. Labor courts and Tribunals
51) Which are the major causes of the origin in industrial relations
a. Industrialization
b. Emergence of factory system
c. Development of capitalist economy
d. All of the above
52) Which of the following are the major participants of industrial relations from the following
a. Employers
b. Government
c. Unions
d. All of these
53) The international labor organization was established in
a. April 19,1919
b. May 20,1920
c. April 9, 1919
d. April 19,1949
54) Which of the following are the main causes of indiscipline
a. Wage differentials
b. Unreasonable work assignment
c. Non payment of Bonus
d. Any of the above
55) The main issues involved in industrial relations consists of
a. Collective bargaining
b. Machinery for settlement of industrial disputes
c. Workers participation in management
d. All of the above
56) Which of the following does not include the economic cause of dispute
a. Compensation like wages
b. Victimization of workers
c. Unjust lay off and retrenchments
d.Leave without pay
57) Which of the following are the non economic cause of dispute
a) Ill-treatment by staff
b) Sympathetic strike
c) Indiscipline
d) All of these
58) Which of the following can not be a cause of strike
a) Salary and incentive problems
b) Discontinuity in services due to overage
c) Wrongful discharge or dismissal of workmen
d) Dissatisfaction with company policy
59) Which of the following measures prove to be fruitful in improving industrial relations
a) Strong and stable unions
b) Workers participation in management
c) Mutual trust
d) All of the above
60) Which of the following cannot be categorized as the main aim of works committees
UNIT-7 MCQ LABOUR WELFARE
a) Giving greater participation to workers
b) Providing better opportunities outside the organization
c) Generating co-operative atmosphere for negotiation between parties
d) Ensuring close interaction between labour and management
61) By which of the following are the main implications summarized by ILO in regard to workers
participation in management
a) Workers are also creative and have innovative ideas
b) Workers’ are capable enough to give rational and logical justifications provided they are
well aware and well informed
c) Both A&B
d) Neither A and B
62) By which of the following methods workers participation can takes place management
a) Staff or work council
b) Board level participation
c) Joint council and Committees
d) All of the above
63) The main objectives of workers participation in management
a) Elevating, the status of a worker in the society
b) Increasing the efficiency of the enterprise and establishing harmonious relations
c) For promoting solidarity among workers and tapping human talents
d) All of the workers
64) Which of the following can be considered as advantages or quality circles
a) Employees become involved in decision-making
b) Employees getting chances of production
c) Employees improve their communication and analytical skills
d) All of the above
65) Which of the following is not the principle of total quality management
a) High quality high cost
b) Measure the cost of quality
c) Manage by prevention, not correction
d) Meet the customers requirement on time, the first time and 100% of the time
66) Which of the following are the pre requisites of workers participation in management
a) Profit linked pay
b) Pension-fund participation
c) Profit- Sharing and employees stock option schemes
d) All of the above
67) Which of the following are considered to be the bottlenecks of workers participation in
management
a) Employers cannot think beyond their knowledge and skills
b) Role of trade union is not satisfactory
c) Employers are unwilling to share power with workers representative
d) All of the above
68) Which of the following are the basic objectives of code of discipline
a) Maintain peace and order in the industry
b) Avoid work stoppage in industry
c) Promote options from all levels of management and employment
d) All of the above
69) The code of discipline is based on which of the following principles
a) No strike or lockout without prior notice
b) No deliberate damage to a plant or property of the establishment
c) Usage of existing machinery for settlement of disputes
UNIT-7 MCQ LABOUR WELFARE
d) All of the above
70) Which of the following is not a principle of industrial relations policy
a) The code of conduct
b) The code of discipline
c) Labour welfare
d) None of these
71) Which of the following matters are usually brought under collective bargaining
a) Working conditions
b) Labour welfare
c) Organizational matters
d) All of the above
72) Which of the following is not the most important aspects of the process of collective
bargaining
a) Negotiations
b) Confrontations
c) Discussions
d) Compromise
73) Which of the following are the main reasons of workers participation in management not
getting successful in India
a) Multiplicity of trade union and conflicts between them
b) Confusion and duplication of functions
c) Lack of education and training
d) All of the above
74) Who of the following is not associated with concept of industrial relations system
a) Frederick Taylor
b) R.A. Lestler
c) Dale yoder
d) Prof. Dunlop
75) Who defined industrial relations as “ Industrial relations may be defined as the complex of
inter relations among workers , managers and government
a) Dale yoder
b) Prof .Dunlop
c) Frederick Taylor
d) R.A. Lestler
76) ______________ is used to denote the collective relationship between management and
workers
a) Industrial relation
b) Social relation
c) Family relation
d) Personal relation
77) ___________ with the rules , laws and agreement through executive and judicial machinery
influences and shapes industrial relation
a) Society
b) Industry
c) Government
d) None of these
78) _____________ approach focus on the types of society in which organization functions
a) Lenin
b) Gandhian
c) Marxist
d) None of these
UNIT-7 MCQ LABOUR WELFARE
79) According to ___________approach industrial relations a social sub system within the
economic and political system
a) System approach
b) Human relation approach
c) Leadership approach
d) Group discipline approach
80) _____________ Having a protecting role of safe guarding workers interests
a) Trade unions
b) Management
c) International agencies
d) Society
81) _________or ______________regulates the relationship between workers organization and
employers organization
a) Society, Employees
b) NGO’s , Government
c) Government, State Machinery
d) None of the above
82) _____________ is process in which representatives of workers and employees are brought
together before a third person or a group of person with view to come to mutually satisfying
agreement
a) Conciliation
b) Merger
c) Diversification
d) Expansion
83) _____________ is person appointed voluntarily if the dispute is not settled by conciliation
a) Bidder
b) Arbitrator
c) Nominee
d) Representative
84) _________________ is another name of compulsory arbitration
a) Adjudication
b) Amortization
c) Dissolution
d) Fraction
85) ______________ is the technique that has been adopted by unions and management to
reconcile their conflicting interests
a) Arbitration
b) Collective bargaining
c) Court intervention
d) Social norms
86) ___________ refers to mental and emotional involvement of a person in a group situation
which encourages him to contribute to goals and share responsibilities in them
a) Workers participation in management
b) Rehabilitation
c) Discipline
d) None of the above
87) __________ is a powerful weapon used by trade unions and their labour associations to get
their demand accepted
a) Strikes
b) Lockout
c) Picketing
UNIT-7 MCQ LABOUR WELFARE
d) Gherao
88) _____________ is a work stoppage in which an employer prevents employees from working
a) Strike
b) Gherao
c) Picketing
d) Lockout
89) Work committee and joint consultation are the measures to encourage ___________ which
will increase productivity and lead to greater effectiveness.
a) Rehabilitation
b) Workers participation in management
c) Discipline
d) Creativity
90) __________is a consultive body comprising of 100 or more persons , which aims at giving
greater participation to workers
a) Advisory committee
b) Managing committees
c) Work committees
d) None of these
91) ___________ are the rules and regulations which govern the conditions of employment of
workers
a) Standing orders
b) Policies
c) Advice
d) None of these
92) ___________is an authority appointed by the government to mediate dispute between parties
brought to his notice, enjoying the powers of a civil court
a) Arbitrator
b) Conciliation officer
c) Disciplinarian
d) None of these
93) ___________is constituted if the conciliation proceedings fail to resolve a dispute by the
government to investigate the dispute
a) A court of enquiry
b) A court of social justice
c) A court of norms
d) None of the above
94) When the process of collective bargaining fails, then the role of third party comes to break
the dead lock and this process is generally called
a) Conciliation/mediation
b) Arbitration
c) Intervention
d) None of the above
95) ________ has been the highest level of democracy in industrial relations management and a
privilege for the employees
a) Board level participation
b) Participation in management
c) Participation in solving problems
d) None of the above
96) _________ involves making the workers share holders of the company by including them to
buy equity shares
a) Participation through ownership
UNIT-7 MCQ LABOUR WELFARE
b) Participation in management
c) Board level participation
d) None of the above
97) _________ are the bodies comprising representatives from employers and employers
a) Management committees
b) Joint councils and committees
c) Discipline committees
d) None of the above
98) _____________ bring both the parties together and develop appropriate mutual
understanding and brings about a mature responsible relationship
a) Workers participation management
b) Harmony and co-operation
c) Following social norms and values
d) None of the above
99) In------------- method workers participation in management invites suggestions and the
reward is given for best suggestion
a) Participation through management
b) Participation through suggestion schemes
c) Participation by complete control
d) None of the above
100) The person appointed by the government to settle the dispute presented in labour court is
known as
a) Presiding officer
b) Officiate
c) Substitute officer
d) Arbitrator
101) Which one of the settlement is not relevant here for disputes?
a) Collective bargaining
b) Compulsory adjudication
c) Voluntary Arbitration
d) Reference to civil court
102) Reduction of labour force is called
a) Termination
b) Retrenchment
c) Layoff
d) Right sizing
103) The decision given by Arbitrator is called
a) Degree
b) Sentence
c) Award
d) Reward
104) In which five year plan removal of poverty received top priority
a) Second
b) Fourth
c) Fifth
d) Sixth
105) Which of the following National Level Federation was established in 1921
a) INTUC
b) AITUC
c) UTUC
d) HMS
UNIT-7 MCQ LABOUR WELFARE
106) Which of the following methods are used in industrial relations system
a) Collective bargaining
b) Discipline procedure
c) Grievance redressal procedure
d) All of the above
107) Which of the following is not a objective of industrial relations
a) To enhance economic status of workers
b) To settle the disputes with workers neighbor
c) To regular production by minimizing conflict
d) To provide an opportunity to the worker to have a say in management decision making
108) Which of the following is the exact meaning of ‘lockout’ according industrial dispute Act
1947
a) Temporary closing of a place of employment
b) Suspension of work
c) Refusal by an employer to continue to employ any number of persons employed by him
d) All of the above
109) Which of the following is not a main purpose picketing
a) To stop workers to go to work
b) TO stop workers to take sick leaves
c) To tell the public about the strike
d) To persuade workers to take their union side
110) In __________ the workers acquire complete control of management through election
boards
a) Workers participation in management
b) Participation through complete control
c) Participation through partial control
d) None of the above
111) ___________ refers to the deep commitment, almost obsession of an organization to
quality
a) Production management
b) Human resource management
c) Total quality management
d) None of the above
112) ____________is a body which is composed of members representing the central
government , Trade union federation and employers organizations
a) Tripartite bodies
b) Bipartite bodies
c) Management committees
d) None of the above
113) ___________is the international organization responsible for drawing up and overseeing
international labor standards
a) Indian labor congress
b) Hind mazdoor Sabha
c) International Labor Organization
d) None of the above
114) Which of the following statement is true about an industrial dispute
a) The dispute may relate to employment
b) The dispute may relate to non employment
c) The dispute may between worker and worker
d) The dispute may between employer and government
115) Which of the following is not cause of industrial dispute
UNIT-7 MCQ LABOUR WELFARE
a) Demand for pay and benefit hike
b) Demand for hygienic and safe working conditions
c) Demand for better labor welfare
d) None of the above
116) When employees resort to unauthorized strike in violation of the labor contract agreement it
is called
a) Pen down
b) Tools- down
c) Sit in Strike
d) Wild cat strike
117) The strike organized to express solidarity with the striking employees in the same
organization, industry or region is called
a) Hunger strike
b) Sympathy strike
c) Tool down strike
d) All of the above
118) Which of the following dispute settlers cannot make a binding decision
a) Arbitrator
b) Adjudicator
c) Conciliator
d) Industrial tribunal member
119) “One party gains at the expense of another” norm refers to which type of collective
bargaining
a) Distribute bargaining
b) Integrative bargaining
c) Centralized bargaining
d) None of the above
120) A union may claim recognition for an industry in a local area , if it has the membership of
a) 10% of the workers in that industry
b) 15% of the workers in that area
c) 25% of the workers of that industry in that area
d) 30% of the workers in similar industry
121) Who among the following advocated the trusteeship theory of trade union
a) N.M. Lokhande
b) B.P. Wadia
c) G.L.Nanda
d) M.K. Gandhi
122) A person is qualified to be chosen as a member of the executive or any other office bearer
of the registered trade union if he attained the age of
a) Fifteen years
b) Eighteen Years
c) Twenty one years
d) Twenty five years
123) Which of the following is method of union recognition
a) Secret ballot
b) Membership verification
c) Check-off system
d) All of the above
124) Workers do join trade unions find out the incorrect reason out of the following
a) To attain economic security
b) To improve bargaining power
UNIT-7 MCQ LABOUR WELFARE
c) To ventilate their grievances
d) To satisfy their family needs
125) The first to introduce the term collective bargaining
a) Sydney & Beatrice web
b) Samuel Gompers
c) Clark kerr
d) Robert Hoxie
126) Recognition of trade union is made by the provision of
a) Trade union Act 1926
b) Industrial dispute Act 1947
c) Code of discipline
d) Factory Act of 1948
127) Which is not a structure of Trade union of Industrial organization
a) Craft Union
b) General Union
c) Industrial union
d) Consumers Union
128) A trade union should be registered as per the law must have
a) 20% of the workers
b) 150 workmen
c) Minimum 17 persons
d) None of the above
129) Which of the following not a characteristic of trade union
a) Voluntary Association
b) Inter Mediary
c) Common Goals
d) Individual actions
130) Employees join unions to fulfill their needs
a) Social
b) Economic
c) Esteem
d) All of these
131) What should be the minimum number of persons required to register a trade union
a) 6
b) 7
c) 8
d) 9
132) Any communications and notices concerning registered trade union may be addressed to its
a) Head office
b) Government
c) President
d) None of the above
133) Trade unions not only take care of wages and salaries of the workers but also provide
valuable _________ and _____________ to the workers
a) Notice, information
b) Information, Advice
c) Suggestion, Notice
d) None of these
134) ___________ are the bodies comprising representatives from employers and employees
a) Management committees
b) Joint councils and committees
UNIT-7 MCQ LABOUR WELFARE
c) Discipline committees
d) None of the above
135) ___________________is the term used for the workers/employees who are the members of
the trade unions or employee association
a) Unorganized labour
b) Organized labour
c) Uneducated labour
d) None of these
136) Which of the following is not right of registered unions
a) Right to employ anyone without consulting the management
b) Right to collect membership fees within premises of the organization
c) Right to raise issues with the management
d) Right to discuss members grievances with employer
137) ______________ is technique that has been adopted by unions and management to
reconcile their conflicting interests
a) Negotiation
b) Collective bargaining
c) Enforcement
d) None of these
138) __________ refers to the mental and emotional involvement of a person in a group situation
which encourage him to contribute to goals and share responsibilities in them
a) Workers participation in management
b) Rehabilitation
c) Discipline
d) None of the above
139) _____________is a powerful weapon used by Trade unions and other labour organizations
to get their demands accepted
a) Strikes
b) Lockout
c) Picketing
d) Gherao
140) When workers are dissuaded from work by stationing certain men at the factory gates such a
step is known as
a) Strike
b) Lockout
c) Picketing
d) Gherao
141) ___________ represent individual workers when they have a problem and also offer legal
representation
a) Socialism
b) Trade Unionism
c) Communalism
d) None of these
142) In ___________ union representatives discuss with management with the issues which
affect people working in an organization
a) Negotiation
b) Beater
c) Meeger
d) None of these
143) Which of the following is a hall mark of the hot stove approach to disciplinary action
a) Provides warning
UNIT-7 MCQ LABOUR WELFARE
b) Happiness immediately
c) Give consistent consequences
d) All of the above
144) The causes for unsound functioning of Indian trade unions are
a) Multiple union
b) Intra union and inter union rivalry
c) Category wise union
d) All of the above
145) ________________ refers to the relationship and trust between labor and management
negotiators
a) Collective bargaining
b) Integrative bargaining
c) Inter organizational bargaining
d) Attitudinal structuring

146) How many parties are involved in collective bargaining

a) 3 b) 4 c) 2 d) 5
147) ______________ is focused on workers educational and has established an Institute of
Indian labor in Calcutta
a) International Labor Organization
b) National Front of Indian Trade Union
c) World Trade organization
d) None of the above
148) The day to day operations of All India Trade Union Congress are carried out by the
_____________ at the National and state levels
a) Secretariat
b) Department
c) Cabinet
d) None of these
149) Negotiations and collective bargaining are the tools for _________ to accomplish the
objectives
a) NGO’s
b) Social organization
c) Government
d) Trade union
150) At present there are ___ central trade union organization in India
a) 12 b) 13 c)14 d) 15
151) Which of the following are the main causes of indiscipline
a) Wage differentials
b) Unreasonable work assignment
c) Nonpayment of bonus
d) Any of the above
152) Which of the following is not a reason for joining trade unions
a) Great bargaining power
b) Minimize discrimination
c) Good contact with politicians
d) Platform for self expression
153) Business and uplift union are types of
a) Revolutionary unions
b) Reformist unions
c) Political unions
UNIT-7 MCQ LABOUR WELFARE
d) None of these
154) Which section empowers the appropriate government to appoint a person to be registrar of
trade unions
a) Section3
b) Section 4
c) Section5
d) Section9
155) If the workers of different categories form into a union that union is called
a) Industrial union
b) General union
c) Craft union
d) None of these
156) The center of Indian Trade Union (CITU) was organized in
a) 1970 b) 1980 c) 1948 d) 1990
157) Registration and conciliation of trade union is governed by
a) Trade unions Act, 1926
b) The Industrial Disputes Act,1948
c) The factories Act, 1948
d) None of the above
158) By which of the following methods workers participation can take place in management
a) Staff or work councils
b) Board level participation
c) Joint councils and committees
d) All of the above
159) Which of the following are essential pre requisites of workers participation in management
a) Free flow communication and information
b) Mutual trust between parties
c) Avoidance of participation of outside trade unions
d) All of the above
160) Which of the following are considered to be the bottle neck of workers participation in
management
a) Employers cannot think beyond their knowledge and skills
b) Role of trade unions is not satisfactory
c) Employers are unwilling to share power with workers representatives
d) All of the above
161) Which of the following are the basic objectives of code of discipline
a) Maintain peace and order in industry
b) Avoid work stoppage in industry
c) Promote opinions from all levels of management and employment
d) All of the above
162) Which of the following approaches assumes that voluntary negotiations between employers
and employees are a means of settling disputes
a) Marxist approach
b) Giri approach
c) Gandhian approach
d) System approach
163) Trade union perform functions relating to
a) Society
b) Organization
c) Members
d) All of these
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164) Which of the following is not the most important aspect of process of collective bargaining
a) Negotiations
b) Confrontations
c) Discussions
d) Compromise
165) Which of the following is not a principle of industrial relations policy
a) The code of conduct
b) The code of discipline
c) Labor welfare
d) None of these
166) Which of the following matters are usually brought under collective bargaining
a) Working conditions
b) Labor welfare
c) Organizational matters
d) All of these
167) The main aim of International Labor Organization(ILO) is to
a) Promote rights at work
b) Strengthen dialogue on work related issues
c) Enhance social protection
d) All of the above
168) According to --------------------- the main function of Trade unions is to raise the moral and
intellectual standards of labor through reformatory measure.
a) Abraham Linkon
b) Lenin
c) Mahatma Gandhi
d) Bal Gangathar Thilak
169) By which of the following methods workers participation can take place in management?
a) Staff or work councils
b) Board level participation
c) Joint councils and committees
d) All of these
170) Industrial relations is a set of functional interdependence of all walks of life as it involves
the issues related to
a) Economic and occupational
b) Social and physiological
c) Technological and political
d) All of the above
171) Who of the following is not associated with the concept of industrial relations system
a) Fredrick Taylor
b) R.A Lester
c) Dale Yoder
d) Prof.Dunlop
172) ______________ condemned the system of private ownership and believed in replacing
existing social order
a) Trade union
b) Revolutionary Union
c) Productive Union
d) None of these
173) Managerial associations are commonly referred to as _________ and registered under
Trade unions Act 1926
a) Workers Association
UNIT-7 MCQ LABOUR WELFARE
b) Employers Association
c) Officers Association
d) None of these
174) _________ are formal groups of employers set up to defend, represent or advice affiliated
employers and to strengthen their position in society.
a) Workers Association
b) Employers Association
c) Officers Association
d) None of these
175) Both employers and employee’s associations come under the purview of
a) Trade union
b) General union
c) Industrial union
d) Government
176) Employer’s association came into existence as a result of the formation of _________ after
the first world war
a) Hind Mazdoor Sangh
b) Indian labor Congress
c) International labor Organization
d) None of these
177) Which of the following measures prove to be fruitful in improving industrial relations
a) Strong and stable unions
b) Workers participation in management
c) Mutual Trust
d) All of the above
178) Which of the following cannot be categorized as the main aims of works committees
a) Giving greater participation of workers
b) Providing better opportunities outside the organization
c) Generating co-operative atmosphere for negotiation between parties
d) Ensuring close interaction between labor and management.
179) ________ is a person appointed voluntarily if the dispute is not settled by conciliation
a) Bidder
b) Arbitrator
c) Nominee
d) Representative
180) _________is focused on worker’s education and has established an institute of Indian labor
in Calcutta
a) International Labor Organization
b) National Front of Indian Trade Union
c) World Trade Organization
d) None of the above
181) The day to day operations of AITUC are carried out by the ______ at the national and state
levels
a) Secretariat
b) Department
c) Cabinet
d) None of these
182) Negotiations and collective bargaining are the tools for _________ to accomplish the
objectives
a) NGO’s
b) Social Organization
UNIT-7 MCQ LABOUR WELFARE
c) Government
d) Trade Union
183) The __________ consultative machinery comprises two parties via employees and employer
a) Bipartite
b) Tripartite
c) Both a and b
d) None of the above
184) Which one of the following not a type of conflict
a) Interest disputes
b) Grievance disputes
c) Recognition disputes
d) None of these
185) Which of the following is not true in case of causes of industrial conflicts
a) Industrial factors
b) Management attitude towards workers
c) Government machinery
d) None of the above
186) In India ___________ arbitration is enforced because collective bargaining was not used for
regulating wages and other conditions of employment
a) Compulsory
b) Mediation
c) Conciliation
d) Investigation
187) Which of the following functions of trade unions are related to trade unions organizations
a) To present and strengthen trade union democracy
b) To improve financial position of trade unions
c) To curb inter – union rivalry
d) All of the above
188) Workers committee is to be constituted in an industry which is employing- ________or
more employees
a) 75
b) 90
c) 100
d) 804
189) __________ is the term used for the workers or employees who are the members of trade
unions or employee association
a) Un-organized labor
b) Organized labor
c) Uneducated labor
d) None of these
190) Which of the following is not a part of primary strikes
a) Sympathetic strikes
b) Tools down- Pen down
c) Stay away strikes
d) Protest strikes
191) _________ are the rules and regulations which govern the conditions of employment of
workers
a) Standing orders
b) Policies
c) Advice
d) None of these
UNIT-7 MCQ LABOUR WELFARE
192) Which area Industrial Relations does not cover
a) Economic development
b) Role of management, union and government
c) Collective bargaining
d) Machinery for resolution of industrial dispute
193) __________ refers to the kind of rivalry present within the establishment as there is
provision in law of being more than one union in a plant
a) Intraunion rivalry
b) Unionism
c) Socialism
d) None of these
194) _________ are the bodies on which the representation is entirely of the employees
a) Staff and work councils
b) Management committee
c) Mentors and councilors
d) None of the above
195) ________ is a sort of insurance covers to members to fight against irrational , arbitrary and
illegal actions of employees
a) Collective strength
b) Industrial strength
c) Social strength
d) None of these
196) It is one of the ______ function to protect labor against victimization and injustice
a) Trade unions
b) Social groups
c) Government
d) None of these
197) The first organized trade union in India named as _______ was formed in the year 1918
a) Delhi labor union
b) Bombay labor union
c) Madras Labor Union
d) None of these
198) The main functions of __________is resolve the difference existing between the
management and the workers
a) Collective bargaining
b) Co-operation
c) Agitations
d) None of the above
199) Which of the following method had not been given a statutory form in India
a) Conciliation
b) Mediation
c) Voluntary arbitration
d) Adjudication
200) The concept of unions came in to existence as a result of employees
a) Problem of communication
b) Dissatisfaction among workers
c) Longing for belongingness
d) Change in technology
UNIT-7 MCQ LABOUR WELFARE
Answer Key
1.A 2.D 3.C 4.D 5.C
6.D 7.C 8.D 9B 10.A
11.D 12.A 13.A 14.A 15.C
16.C 17.A 18.A 19.A 20.C
21.D 22.C 23.D 24.D 25.D
26.B 27.C 28.B 29.C 30.A
31.D 32.B 33.C 34.C 35.D
36.D 37.D 38.D 39.C 40.A
41 .A 42.C 43.B 44.C 45.D
46.B 47.A 48.A 49.C 50.C
51.D 52.D 53.A 54.D 55.D
56. B 57.D 58.B 59.D 60. B
61.C 62.D 63.D 64.D 65.A
66.D 67.D 68.D 69.D 70.D
71.D 72.B 73.D 74.A 75.B
76.A 77.C 78.C 79.A 80.A
81.C 82.A 83.B 84.A 85.B
86.A 87.A 88.D 89.B 90.C
91.A 92.B 93.A 94.A 95.A
96.A 97.A 98.A 99.B 100.A
101.D 102.B 103.C 104.D 105.B
106.D 107.B 108.D 109.B 110.B
111.C 112.A 113.A 114.D 115.D
116.D 117.B 118.C 119.A 120.C
121.D 122.B 123.D 124.D 125.A
126.C 127.D 128.D 129.D 130.D
131.B 132.A 133.B 134.B 135.B
136.A 137.B 138.A 139.A 140.C
141.B 142.A 143.D 144.D 145.D
146.C 147.B 148.A 149.D 150.A
151.D 152.C 153.B 154.C 155.A
156.A 157.A 158.D 159.D 160.D
161.D 162.C 163.D 164.B 165.D
166.D 167.D 168.C 169.D 170.D
171.A 172.B 173.C 174.B 175.A
176.C 177.D 178.B 179.B 180.B
181.A 182.D 183.A 184.D 185.D
186.A 187.D 188.C 189.B 190.A
191.A 192.A 193.A 194. 195. A
196.A 197.C 198.A 199.B 200.B

PART -2
UNIT-7 MCQ LABOUR WELFARE
1) Exhaust / Retarder braking system in a truck;

a) Is primarily to protect the service break from excess heat and save wear

b) Can stall the engine if the specified engine speed is not maintained

c) Is the preferred means of speed control when travelling down grades

d) All above
2) What is the minimum height of Roof in case of flat roof Rest Shelters?

a) 2.5 Mts b) 3.0 Mts c) 1.8 Mts d) 3.5 Mts

3) Which of the following are the causes of “Slope failure”

a) Geological structure, textur b) Anomalies like dykes, faults, folds Etc.

c) Dynamic Loading. d) Fissures and joint

e) ‘a’, ‘b’, ‘c’ & ‘d’ are correct f) ‘a’ & ‘b’ are correct

g) ‘c’ & ‘d’ are correct h) ‘a’ & ‘d’ are correct
4) No drill shall be used for boring a shot hole unless it allows a clearance of atleast over
the diameter of the cartridge of explosive which it is intended to use.

a) 2 mm b) 2.5mm c) 4mm d) 3mm

5) Minor injuries shall be recorded in Form

and reports shall be sent to Regional Inspector once in

a) ‘J’ – once in a quarter b) ‘K’ – once in a year

c) ‘J’ – once in a year d) ‘K’ – once in a quarter

6) Sound level of Audio Visual Alarm (AVA) should be at least higher than theambient
noise level.

a) 5 to 20% b) 10 to 15% c) 20 to 25% d) 5 to 10%

7) Runaway ramps can be seen at

a) Benches b) Haul roads c) O B Dumps d) Workshop

8) Which of the Fire Extinguisher can be used for Electrical fires?

a) Automatic b) water type c) Foam type d) CO2 type

UNIT-7 MCQ LABOUR WELFARE
9) As per Reg.177 of MMR 1961 Every Fence erected on the surface shall once at least inevery
week be

examined by .

a) Mines Manager b) Asst. Mines Manager c) Foreman d) Competent person

10) Adult means a person who has completed his year.

a) 20th b) 18th c) 21st d) 19th

11) What are the “UNSAFE WORKING CONDITIONS” at Mines? Choose from the following.

a) Defective tools or equipment. b) Congestion in the

workplace.

c) Narrow roads. d) Improper method of

working.

e) Poorhousekeeping. ) all are correct

f

12) A vehicle transporting EXPLOSIVES shall not be driven at speed exceeding KMPH.

a) 25 b) 20 c) 15 d) 30
13) Voltage shall not exceed Volts for hand held portable apparatus used in theMines as per
CEA Regulations. 2010.

a) 230 b) 125 c) 250 d) 110

14) To reduce the Noise induced hearing loss by implementing

a) Effective Personal Protective Equipment b) Effective engineering controls

c) Effective administrative controls d) All ‘a’, ‘b’ & ‘c’ are correct
15) Which of the following are the main factors responsible for Blast induced ground vibrations?

a) Physio-Mechanical properties of Rock mass. b) Explosive types and their properties.

c) Irregular shape of free face. d) Ground water table.

UNIT-7 MCQ LABOUR WELFARE
e) All above f) ‘a’, ‘b’ & ‘c’ are correct

16) As per 11th National Safety conference the contractor shall not employ or terminatehis worker
without the knowledge of the

a) Mine Management b) Regional Inspector c) Labour Officer d) DGMS

17) Proximity warning device is to be fitted for as an additional safetyfeature.

a) Excavators b) Water tankers c) Drilling equipment

d)Dumpers/Tippers
18) “Flash back arrestor” should be provided for_

a) Compressor b) Gas welding / cutting set c) Generator d) weigh

bridge
19) First-Aid Room shall have floor space not less than .

a) 5 Sq.Mtr b) 10 Sq. Mtr c) 50 Sq.Mtr d) 15 Sq.Mtr

20) Notice of accident causing death or serious bodily injury in connection with miningoperations, in
Form IV

‘A’ shall be sent to Regional Inspector within

hours.

a) 24 b) 48 c) 72 d) 12
21) Burden is the distance between

a) Two blast holes in same row b) distance between two rows

c) First row of the blast holes and bench d) none is correct

22) Who will set permanent or temporary speed limits, for any area of the Mine or anyvehicle or
class of vehicle?

a) Mines Manag b) Sr. Official. c) DGMS. d) Mines Foreman.

23) If any employee contracts a notified occupational disease, the Mine Management shallsend
notice to Regional Inspector in

a) Form ‘I’ b) Form ‘II’ c) Form IV ‘C’ d) Form ‘V’

24) To measure the performance of the blast which factor is calculated?

a) Tonnage factor b) space factor c) stripping ratio d) Powder factor

25) No working shall be made within road or building.
UNIT-7 MCQ LABOUR WELFARE
meters of any railway or of any public work or of any public

a) 60 b) 200 c) 45 d) 500
26) Voltage limits shall not exceed

for general lighting in Opencast Mines?

a) 125 Volts. b) 650 Volts. c) 250 Volts. d) 11KV

27) Pointing out of contraventions by Chief Inspector or Regional Inspector of Mines shall be
entered in

a) Form-V b) Form-VI c) Form-IV C d) Form-IV A

28) Operator’s Seat in the Vehicle / HEMMs should be designed tohave
adequate comforts while driving continuously.

a) Scientifically b) Technically c) Both ‘a’ & ‘b’ d) Ergonomically

29) Workmen Inspector is designated by in consultation with
theregistered trade union in the mine.

a) DGMS b) Mines Manager c) Owner/Agent d) Mines Foreman

30) In Opencast Mining, the width which is extracted from the working bench is termed as

a) Cut b) Bench width c) bank width d) Bench face

31) Minimum length of safety fuse at the firing end shall not be less than

a) 1.2 Mt b) 2 Mtr c) 1.8 Mtr. d) 1.5 Mtr

32) Who are the persons not holding position of supervision or Management, choose fromfollowing,

a) Asst.Manager and Safety officer b) Electrical and Mechanical Engineer

c) Electrical supervisor d) Mine Foreman

e) Medical officer, chemist, welfare officer f) Blaster

g) ‘b’ & ‘c’ are correct h) Mine Mate

33) As per Regulation- 36 of MMR 1961, in opencast mines worked by HEMM,
MechanicalEngineer shall be appointed, where aggregate H.P. of all machineries exceeds

a) 750 b) 250 c) 450 d) 500

34) According to Mines Act 1952, Calendar year means

a) 1st Apr to 31st Mar b) 1st Jan to 31st Dec c) 1st Jan to 30th Sep d) 1st Oct to 31st Dec
35) In case of hilly terrain Foreman district shall not exceed
UNIT-7 MCQ LABOUR WELFARE
a) 2.0 KM b) 1.5 KM c) 1.0 KM d) 0.5K M
36) Detailed pre-operational checks of vehicles used in theMine;

a) Improves mine efficiency, reduces down time and cuts maintenance costs

b) Improves equipment operator safety

c) Improves safety of other miners

d) All above
37) Cracking powder is used in

Mines.

a) Dimension Stone / Granite b) Limestone c) Sand d) Manganese

38) Notice of Medical examination under 29D of Mines Rules 1955 shall be given
in

a) Form ‘M’ b) Form ‘N’ c) Form ‘Q’ d) Form ‘R’

39) Every Women employed in a mine above ground shall be allowed an interval of not less
than hours between the termination of employment on any one day thecommencement of the
next period of employment.

a) 11 b) 12 c) 24 d) 16
40) For employees engaged in Driving / HEMM operation jobs, eye refraction test should
beconducted one in Years.

a) 2 b) 1 c) 3 d)5
41) The explosives shall be transported to the site of blasting not more
than commencement of charging of the holes.

a) 30 mi b) 1 hour c) 45 min. d) 1 ½ hour

before the

42) Which of the following are the examples of an inadequately maintained haul road?

a) Pot holes or washouts b) Inadequate berms

c) Bumps and muddy areas d) inadequate gradient

d) All above
43) The energy shall not be transmitted in to a Mine at a voltage exceeding andshall not be
used therein at a voltage exceeding .
UNIT-7 MCQ LABOUR WELFARE
a) 11 KV & 6.6 KV b) 1100 KV & 660 KV c) 250 V & 650 V d) 33
KV & 11 KV
44) Pit slope is the angle made by the imaginary line joining the –

a) Top most crest of the bench to bottom most toe of the

b) Top most toe of the bench to the bottom most toe of the benc

c) Top most crest of the bench to bottom most crest of the

d) Average of the all bench ang

45) Maximum Exposure Limit of dust prescribed for 8 hrs time weighted average in Mine
workingenvironment.

a) 5 Mg/m³ b) 3 Mg/m³ c) 7 Mg/m³ d) 10 Mg/m³

46) Which of the following is not the cause of “Fly rock”

a) Insufficient stemming of holes b) Overcharging of holes

c) Excessive burden d) Geological disturbances

e) ‘a’, ‘b’, ‘c’ & ‘d’ are correct e) faulty connection

47) Your colleague is complaining of breathlessness and a tight pain in the chest. You suspect aheart
attack.

What should you do?

a) Get him to lay down flat.

b) Encourage him to stand up and move around slowly.

c) Make him to sit in a comfortable positi

d) Give him heart compressions and artificial respirati

48) A successful accident investigation must answer three questions: What are they?

a) What happened? 2. How it happened? 3. Why it happened?

b) Who is behind it? 2. Who are involved? 3. Why they involved?

c) Why did they do? 2. Why they couldn’t avoid it 3. What went wrong?

d) ‘b’ & ‘c’ are correct

UNIT-7 MCQ LABOUR WELFARE
49) Which of the following features should be shown in water danger plan?

a) Position of dyke, fault and geological disturbances

b) River, stream, water course, reservoir

c) Surface contour lines

d) Highest Flood Level of the area

e) All above

f) ‘a’, ‘b’ & ‘d’ are correct

50) “Super elevation” is a term used for designing

a) Benches b) Haul Roads c) Dumps d) Magazine

51) If the mine wherein 1600 persons are ordinarily employed, the number of WorkmenInspector
required as per as per Rule 29 Q of Mines Rules 1955.

a) 2 b) 3 c) 4 d) 5
52) The gradient of road is 1 in 16 , convert into degrees (θ) =

a) Sin -1 (1/16) b) Cos -1 (1/16) c) Cot -1 (1/16) d) Tan -1 (1/16)

53) Pit slope is the angle made by the imaginary line joining the –

e) Top most crest of the bench to bottom most toe of the

f) Top most toe of the bench to the bottom most toe of the benc

g) Top most crest of the bench to bottom most crest of the

h) Average of the all bench ang

54) As per 106 of MMR 1961, No tree, loose stone or debris shall remain within a distance of ——
— from the edge or side of excavation.

a) 5 m b) 4m c) 3 m d) 2 m
55) If the percentage of free respirable silica present is 10% in the atmosphere , what is
thepermissible limit of free silica in milligrams per cubic meter of air sampled.

a) 1.5 b) 3 c) 10 d) 5
56) As per 173 of MMR 1961, the hydraulic test for the air receiver to be done at a pressure ofat
least —- times the maximum permissible working pressure.

a) 2 times b) 2.5 times c) 3 times d) 1.5 times

57) Which of the following is correct statement?
UNIT-7 MCQ LABOUR WELFARE
Medical certificates should be retained for 5 years from the date of medical examination

Medical certificates should be retained as long as the person employed in mine.

Medical certificates should be maintained as long as the person employed and 10 years thereafter.

Medical certificates should be maintained as long as the person employed and 5 years thereafter.
58) The annual returns submitted to the DGMS as per – First Schedule of which form?

a) Form –I b) Form – II c) Form – III d) Form – IV

59) Which of the following are the competent persons?

a) Blaster b) wheel loader operator c) Tipper Operator d) All are correct

60) Full form of DGPS?

a) Differential Global position set.

b) Digital Geo positioning system.

c) Data Geometrical positioning system

d) Differential Global positioning system.

61) Miner died due to heart- attack during his duty hours without any injury . which of thefollowing
statements is

/ are not true ?

It is considered as natural death due to heart issues.

It is an accident happened in the Mine.

iii. The post mortem report to be submitted to DGMS.

If post mortem report fails to submit to DGMS … it is considered as accident in the Mine.

a) i b) iii c) ii d ) iii & IV

62) Regarding Foreman district the following statement is true.

In case of Mechanised Mine – working area of 3 power shovels.

In case of Semi – Mechanised – area of maximum of 4 Mate districts with 2 KM flat area as radius.

In case of Mechanised Mine – working area of max. 2 power shovels.

In case of Semi – Mechanised – area of maximum of 2 Mate districts.

a) 1, 2 b) 2, 3 c) 3, 4 d) None of the abov

 UNIT-7 MCQ LABOUR WELFARE
63) The usage of coal in the earth pit for

a) To increase the conductance of the earthing

b) To reduce the conductance of the earthing.

c) To increase the resistance of the earthin

d) All of the above.

64) The bench height is 6m, depth of the hole is 6.6 m (includes sub grade drilling), spacing is 4 m,
burden is 5 m, the density of the rock is 2, and explosive used is 24kg. Find thepowder factor.

a) 12 b) 10 c) 24 d) 11
65) As per Reg.177 of MMR 1961 Every Fence erected on the surface shall once at least inevery
week be examined by .

a. Mines Manager b) Asst. Mines Manager c) Foreman d) Competent person

66) Which of the following is in the part of ISO (Internal Safety Organisation)

i. Managing Director

ii. Director Technical

iii. Safety officer

iv. None of the above

a) 1 & 2 b) 3 c) 1, 2 &3 d) 4

67) Which of the following is true regarding the workers participation in safety management?

a) Pit safety committee

b) Committee

c) Tripartite committee

d) All of the above

68) The number of man days in the year 2014 is 26500, rest days are 54, and non working daysdue to
sick are

46. Find the persons ordinarily employed in the Mine. Consider the yearmeans 365 days.
UNIT-7 MCQ LABOUR WELFARE
a) 110 b) 120 c) 100 d) 90
69) Which of the following statements is/ are true?

Parking brake is to be used when the dumper is in motion.

Parking brake is to be tested with dumper is in full load

Parking brake is to be tested with dumper is in empty position

Parking brake is to be tested at maximum gradient, permitted for at least 10 minutes.

a) 4 only b) 2 only c) 2 , 4 d) 3 only

70) The handling figures of the Mine for the year 2014-15 are as below.

The OB hanlding = 5,00,000 Tonnes , ore production = 2,00,000 Tonnes and densities of OB and Ore
are 2.5 and 3respectively . Find the stripping ratio for the year 2014-15.

a) 1: 2.5 b) 2.5 : 1 c) 1: 1 d) 5 : 2
71) Which of the following are not the safety features of Belt conveyors?

a) Limit switch b) Pullchord Switch c) Hold back d) vulcanizing device

72) As per DGMS Circular No 36/1972, find the minimum width of the bench with the
followingdata?

The Height of the bench is 7 m , The boom reach of the machine is 6 m , the tipper plying on the
bench , where tipperwidth is 2.5 m and the widest machine Hitachi – Ex800 working on the bench ,
where the EX – 800 width is 5.5 m.

a) 7.5 m b) 6 m c) 7 m d) 5.5 m
73) Regarding the ground vibrations the following statement is true.

a) The lower the frequency – higher the ground displacement.

b) The higher the frequency – higher the ground displacement.

c) The frequency and ground displacements are directly proportional

d) None of the abov

74) If the depth of pit reaches —– meters the scientific study on slope stability will bedone by
scientific agency.

a) 60 m b) 75 m c) 50 m d) 100 m
75) The form which shall be reported by Workmen Inspector.

a) Form – T b) Form – R c) Form – S d) Form –P

UNIT-7 MCQ LABOUR WELFARE
Answer Sheet for Objective questions-

Question Answer Question Answer

No.
No.

1 d 41 a

2 a 42 d

3 e 43 d

4 d 44 a

5 b 45 b

6 a 46 e

7 b 47 c

8 d 48 a

9 d 49 e

10 b 50 b

11 f 51 b

12 a 52 d

13 b 53 a

14 d 54 c

15 f 55 a

16 a 56 d

17 d 57 c

18 b 58 c

19 b 59 d

20 a 60 d

21 c 61 c

22 a 62 b
UNIT-7 MCQ LABOUR WELFARE
23 d 63 a

24 d 64 b

25 c 65 d

26 c 66 a

27 b 67 d

28 d 68 c

29 b 69 c

30 b 70 c

31 a 71 d

32 f 72 a

33 a 73 a

34 b 74 a

35 c 75 d

36 d

37 a

38 a

39 a

40 b

1. The factors which caused variation of minimum wages in India are –

I. Prices of essential commodities
II. Paying capacity
III. Productivity
IV. Differences in exchange rates.
Select the correct answer form the codes given bellow:
(A) I only
(B) IV only
(C) I, III and IV
(D) I, II, III and IV
2. In order to have a uniform wage structure and to reduce the disparity in minimum wages across the
country, the concept of National Floor Level Minimum Wage (NFLMW) was mooted. On the basis
of increase
UNIT-7 MCQ LABOUR WELFARE
in the Consumer Price Index (Industrial Worker), the Central Government has revised the NFLMW
from
time to time. The present NFLMW –
(A) Rs.80/-
(B) Rs.100/-
(C) Rs.115/-
(D) Rs 225/-.
3. Which of the following area, where central government is exclusively competent to enact
legislations—
(A) Trade unions; industrial and labour disputes.
(B) Social security and social insurance; employment and unemployment.
(C) Welfare of labour including conditions of work, provident funds, employers’ lia­bility,
workmen’s
compensation, invalidity and old age pensions and maternity benefits.
(D) Regulation of labour and safety in mines and oilfields
4. A premises including precincts thereof is a ‘factory’ within the meaning of the Factories Act, 1948
wherein
a manufacturing process is being carried on without the aid of power and where the number of
workers
working is –
(A) 10 or more workers
(B) 20 or more workers
(C) 15 or more workers
(D) 50 or more workers.
5. The present wage ceiling per month for the purpose of the Employees’ State Insurance Act, 1948 is
–
(A) Rs. 10. 000/-
(B) Rs. 15, 000/-
(C) Rs. 18, 000/-
(D) Rs. 20,000/-
6. Which Schedule of the Factories Act, 1948 specifies Beriyllium poisoning, Anthrax and Arsenic
poisoning
or its sequelae etc, as notifiable diseases?
(A) First Schedule
(B) Second Schedule
(C) Third Schedule
(D) Fifth Schedule
7. The present wage ceiling per month for the purpose of the Payment of Wages Act, 1936 is —
(A) Rs. 10. 000/-
(B) Rs. 15, 000/-
(C) Rs. 18, 000/-
(D) Rs. 20,000/-
8. As per Payment of Wages Act, 1936, in railway factory or industrial or other establishment upon
or in
which less than one thousand persons are employed, wages shall be paid before the expiry of the —
(A) Seventh day of the month.
(B) Tenth Day of the months
(C) Third Day of the months
(D) None of the above
9. The Employees’ State Insurance Act, 1948 protects the interest of workers in contingencies such as
—
UNIT-7 MCQ LABOUR WELFARE
I. Sickness
II. Maternity,
III. Temporary or permanent physical disablement,
IV. Death due to employment injury resulting in loss of wages or earning capacity.
Select the correct answer form the codes given bellow:
(A) I only
(B) II only
(C) I, III and IV
(D) I, II, III and IV
10. The verification of membership of unions operating in establishment in central sphere is
conducted by
Chief Labour Commissioner office under Code of Discipline for the purpose of granting recognition
as and
when directed by the –
(A) Ministry of Labour and Employment.
(B) ESI Corporation
(C) Labour Tribunal
(D) Office Bearer of Trade Union
11. As per the provisions contained in Chapter VB of the Industrial Dispute Act, 1947 establishment
employing
_____________ persons or more are required to seek prior permission of Appropriate Government
before
effecting lay-off, retrenchment and closure.
(A) 50
(B) 100
(C) 250
(D) 500
12. ___________________ have been set up under the provisions of Industrial Dispute Act, 1947 for
adjudication
of industrial disputes in an organisation.
(A) Lok-Adalat
(B) Industrial Tribunal
(C) Labour Court
(D) All of the above
13. Payment of Bonus Act, 1965 shall apply to every factory; and every other establishment in which
______________ are employed on any day during an accounting year:
(A) 20 or more persons
(B) 25 or more persons
(C) 30 or more persons
(D) 50 or more persons
14. As per Payment of Bonus Act, 1965, employees drawing salary or wages not exceeding ________
per
month in any industry are eligible for bonus.
(A) Rs. 10, 000/-
(B) Rs. 15, 000/-
(C) Rs. 18, 000/-
(D) Rs. 20,000/-
15. As per the Employees Pension Scheme, 1995, members on attaining the age of fifty-eight years
and
having rendered minimum of _____ years of contributory service qualify for superannuation fund.
(A) 5
UNIT-7 MCQ LABOUR WELFARE
(B) 10
(C) 15
(D) 20
16. The term ‘same work or work of a similar nature” mentioned in the?
(A) Equal Remuneration Act, 1976
(B) Maternity Benefit Act, 1961
(C) Industrial Employment (Standing Orders) Act, 1946
(D) The Child Labour (Prohibition and Regulation) Act, 1986
(E) None of the above
17. Which of the following enactment stipulates for nursing break to a women employee?
(A) Equal Remuneration Act, 1976
(B) Maternity Benefit Act, 1961
(C) Apprentices Act, 1961
(D) The Child Labour (Prohibition and Regulation) Act, 1986
18. Award means an interim or a final determination of any industrial dispute are determined by:
(A) Labour Court
(B) Arbitrator
(C) Both (A) & (b)
(D) None of the above
19. Which of the following statement is true about the Constitutional Validity of section 10 of the
Industrial
Dispute Act, 1947?
(A) It is ultra-vires the Constitution
(B) It is intra-vires the Constitution
(C) Both (A) & (b)
(D) None of the above
20. The maximum amount of gratuity payable under the Payment of Gratuity Act, 1972 is –
(A) Rs. 5,00,000
(B) Rs. 7,50,000
(C) Rs. 10,50,000
(D) Rs. 10,00,000
21. Bonus must be paid to employees within a period of …………………….. months from the close
of the
accounting year.;
(A) 8
(B) 9
(C) 12
(D) None of the above.
22. The minimum number of members required for registration of a trade union is- .
(A) 2
(B) 3
(C) 7
(D) 10
23. The employer is required to send a report to the Commissioner for workmen’s compensation
within
……………………… days of the death or serious injury of the workman.
(A) 7
(B) 8
(C) 9
(D) 10
24. As per Schedule to the Child Labour Prohibition and Regulation) Act, 1986, paper making is a.
UNIT-7 MCQ LABOUR WELFARE
(A) Occupation
(B) Process
(C) Both (A) & (b)
(D) None of the above
25. As per the Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by
Certain
Establishments) Act, 1988, an employer of any small establishment or very small establishment
required
to furnishes a Core Return in:
(A) Form A
(B) Form B
(C) Form C
(D) Form D.
26. Contract Labour (Regulation and Abolition) Act, 1970 applies to every establishment/ contractor
in which
____________ workmen are employed or were employed on any day of the preceding twelve months
as
contract labour.
(A) Ten or more
(B) Fifteen
(C) Twenty or more
(D) Twenty-five or more
27. The text of the Certified Standing Orders shall be prominently posted by the employer
in_____________
and in the language understood by the majority of his workmen.
(A) English
(B) Hindi
(C) Devanagiri Script
(D) Language specified in 8th Schedule of the Constitution
28. _________________ means any trade or occupation or any subject field in engineering or
technology or
any vocational course which the Central Government, after consultation with the Central
Apprenticeship
Council, may, by notification in the Official Gazette, specify as a designated trade for the purposes of
Apprentices Act, 1961.
(A) Designated trade
(B) Apprenticeship training
(C) Both (A) & (B)
(D) None of the above.
29. As per Employees’ Compensation Act, 1923, in case of permanent total disablement, the
minimum amount
of compensation payable to an employee is ____________________.
(A) Rs. 90,000/-
(B) Rs. 1, 00,000/-
(C) Rs. 1, 20,000/-
(D) Rs. 1, 40,000/-
30. The Contract Labour (Regulation and Abolition) Act, 1970 shall not apply to establishments in
which work
is of _____
(A) An intermittent or casual nature
(B) Permanent work
UNIT-7 MCQ LABOUR WELFARE
(C) Both (A) & (B)
(D) None of the above.
31. Violation of the Child Labour (Prohibition & Regulation) Act, 1986 shall be punishable with
imprisonment
for a term not be less than ___________________.
(A) one month
(B) three months
(C) six months
(D) one year.
32. Under the Apprentices Act, 1961, Apprentice entitled for casual leave for the maximum period of
_____________ days in a year.
(A) 12
(B) 10
(C) 15
(D) 45
33. The appropriate government shall revise the minimum rates of wages under the Minimum Wages
Act,
1948 at least once in every __________
(A) 2 years
(B) 3 years
(C) 4 years
(D) 5 years.
34. Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 does not apply in
relation to
vacancies in any employment –
(A) in domestic service;
(B) to do unskilled office work;
(C) connected with the staff of Parliament
(D) All of the above.
35. The rate of employers’ contributions in the ESI Scheme is ___________% .
(A) 4.75,
(B) 1.65
(C) 1.75
(D) 5.75
36. The first Factories Act was enacted in
(A) 1881
(B) 1895
(C) 1897
(D) 1885
37. Who is an adult as per Factories Act, 1948?
(A) Who has completed 18 years of age
(B) Who is less than 18 years
(C) Who is more than 14 years
(D) Who is more than 15 years
38. A person who has ultimate control over the affairs of the factory under Factories Act, 1948 is
called
as_________
(A) Occupier
(B) Manager
(C) Chairman
(D) Managing Director.
UNIT-7 MCQ LABOUR WELFARE
39. The space for every worker employed in the Factory after the commencement of Factories Act,
1948
should be________ Cubic Meters.
(A) 9.9
(B) 10.2
(C) 14.2
(D) 13.2
40. The provision for cooling water during hot weather should be made by the organization if it
employees_______ or more employees.
(A) 200
(B) 250
(C) 300
(D) 150
41. Who is an Adolescent as per Factories Act, 1948?
(A) Who has completed 17 years of age?
(B) who is less than 18 years
(C) who has completed 15 years but less than 18 years.
(D) None of these
42. Which one of the following is not Welfare provision under Factories Act, 1948
(A) Canteen
(B) Crèches
(C) Alcoholic Beverage
(D) Drinking Water.
43. First Aid Boxes is to be provided for ______ of persons
(A) 125
(B) 135
(C) 150
(D) 160
44. Safety Officers are to be appointed if Organization is engaging______ or more employees.
(A) 1000
(B) 2000
(C) 500
(D) 750
45. Canteen is to be provided if engaging Employees more than______ persons.
(A) 250
(B) 230
(C) 300
(D) 275
46. Leave with wages is allowed for employees if they work for_______ days in a month.
(A) 15
(B) 25
(C) 20
(D) 28
47. Welfare Officers are to be appointed if Organization is engaging______ or more employees.
(A) 500
(B) 250
(C) 600
(D) 750
48. The Ambulance Room is to be provided If engaging employees more than______
(A) 400
(B) 350
UNIT-7 MCQ LABOUR WELFARE
(C) 500
(D) 450
49. Crèche is to be provided if______ or More lady employees are engaged.
(A) 25
(B) 32
(C) 30
(D) 40
50. The term Sabbatical is connected with
(A) Paid leave for study
(B) Paternity leave
(C) Maternity leave
(D) Quarantine leave
51. Section 2 (K) of the Factories Act 1947 Says about
(A) Manufacturing Process
(B) Factory
(C) Worker
(D) None of these
52. If the factory employs more than 1000 Workers, they should appoint qualified —————— to
carry out
the prescribed duties
(A) Safety Officer
(B) Welfare officer
(C) Security officer
(D) None of these
53. For contravention of provisions of Factories Act or Rules, the occupier shall Liable for
punishment up to
(A) 2 years or fine up to Rs.1,00,000 or both
(B) 6 months or fine unto 10, 000 or both
(C) 3 three years or fine 10, 000 or both
(D) None of these
54. If any employee found violating the section 20 of Factories Act 1947 shall be fine up to
(A) Rs. 10
(B) Rs. 5
(C) Rs. 15
(D) Rs.20
55. Section 41- G of the Factories Act 1948 says about
(A) Fencing of machineries
(B) Facing of machineries
(C) Work on near machinery in motion
(D) Workers participation in safety mgt.
56. Who is responsible for payment to a person employed by him in a Factory under the Payment of
wages Act
1936
(A) Accounts Manager
(B) HR manager
(C) Manager
(D) Owner
57. The occupier of a Factory has to submit the document on or before——— of every year to
renewal of a
license for a factory.
(A) 31st October of every year.
UNIT-7 MCQ LABOUR WELFARE
(B) 30th June of every year
(C) 31st March of every year
(D) 31st December of every year
58. The renewal application for a license submitted by a factory after December 31st of the every
year shall
pay the fine amount.
(A) 10 % of the license fee
(B) 20% of the license fee
(C) 30 % of the license fee
(D) none of these.
59. Where——————or more workers are employed in a factory, then there shall be a Safety
Committee in
the factory.
(A) 100 or more workers
(B) 150 or more workers
(C) 200 or more workers
(D) 250 or more workers
60. A general manager of a factory can be appointed as an Inspector of factory under the Factories
Act, 1948.
(A) True
(B) False
(C) Depend on the Organizational Structure of the company
(D) None of the above
61. The Factories employing more than 1000 workers are required to submit their plan for approval to
(A) Deputy Chief Inspector of Factories
(B) Joint Chief Inspector of Factories
(C) Chief Inspector of Factories
(D) Additional Chief Inspector of Factories.
62. A weekly holiday was introduced in the Factories for the first time in the year———.
(A) 1948
(B) 1931
(C) 1926
(D) 1923
63. Under the Section 41A of the Factories Act, the Site Appraisal Committee shall be constituted
once in——
——— year under the chairmanship of Chief Inspector of Factories.
(A) Once in 5 Year
(B) Once in 2 Year
(C) Once in 3 Year
(D) Once in a Year.
64. To close down a factory, the occupier has to give——— days notice to the authorities.
(A) 30 Days
(B) 60 Days
(C) 90 Days
(D) 14 Days
65. The annual return under the Factories Act shall be submitted to Inspector of Factories on or
before
........................................................ (A) 31st January
(B) 31st December
(C) 30th April
(D) 31st March
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66. The number of elected workers in the canteen managing committee shall not be more than———
or less
than—————
(A) more than 5 or less than 2
(B) more than 20 or less than 10
(C) more than 15 or less than 10
(D) more than 10 or less than 5
67. Designated trade defined under
(A) Equal Remuneration Act, 1976
(B) Contract Labour (Regulation and Abolition) Act, 1970
(C) Apprentices Act, 1961
(D) Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
68. Loss of a hand and foot of an employee due to accident Employees’ Compensation Act, 1923
treated as
(A) Permanent Total Disablement
(B) Permanent Partial Disablement
(C) Neither Permanent Total Disablement nor Partial Disablement
(D) None of the above
69. The body, by whatever name called, to which the management of the affairs of a trade union is
entrusted
under Trade Union Act, 1926 means:
(A) Executive
(B) Office Bearer
(C) Registered Office
(D) Trade Union
70. Every woman entitled to maternity benefit under the the Maternity Benefit Act, 1961 shall also be
entitled to
receive from her employer
(A) Medical bonus
(B) Leave for miscarriage
(C) Leave with wages for tubectomy operation
(D) All of the above
PART-B
71. Which of the following language not included in the 8th Schedule of the Indian Constitution?
(A) English
(B) Hindi
(C) Bengali
(D) Punjabi
72. The Indian Constitution refers to minorities based on;
(A) Religion or Language
(B) Region or Culture
(C) State or Region
(D) Culture or Cast
73. Who among the following hold(s) office during pleasure of the president of India?
1. The Governor of the State
2. The Chief Election Commissioner
3. The Comptroller and Auditor General of India
4. The Attorney General of India
Select the correct answer form the codes given bellow:
(A) 1 only
(B) 1 and 4
UNIT-7 MCQ LABOUR WELFARE
(C) 1, 3 and 4
(D) 1, 2, 3 and 4
74. Preamble of the Constitution of Indian is ;
(A) Part of the Constitution
(B) Prelogue of the Constitution
(C) Not a part of the Constitution
(D) None of the above
75. Summary trials will apply to such offences not punishable with imprisonment for a term
exceeding :
(i) Two years
(ii) One year
(iii) Two months
(iv) Three months
76. Indian Law of Torts is based on:
(A) USA Law of Torts
(B) Australia Law of Torts
(C) England Law of Torts
(D) Latin Law of Torts
77. Which of the following conditions are required for the principle of res judicata to suits as applied
by courts
vide section 11 of the Code of Civil Procedure, 1908 —
(A) The matter directly and substantially arise in former and later suits
(B) The former suit has not been decided
(C) The said suit has not been heard and decided
(D) All the above are required for the application of res judicata.
78. Under law of torts, exception to the strict liability is —
(A) Inevitable accident
(B) Inevitable mistake
(C) Consent of the plaintiff
(D) All of the above.
79. Jus scriptum means:
(A) Written Law.
(B) Unwritten law
(C) Customary Law
(D) None of the above
80. What remedies are available to a defendant, if an ex-parte decree is passed against him?
(A) He may file an appeal against the ex-parte decree under Section 96 of the C.P.C.
(B) He may file an application for review of the judgement.
(C) He may apply for setting aside the ex-parte decree
(D) All of the above
81. Principle of Estoppel is based on:
(A) the maxim ‘allegans contratia non est audiendus’
(B) Rule of evidence
(C) Both (A) & (B)
(D) None of the above
82. Under the Limitation Act, 1963, a suit for compensation for wrongful seizure of movable property
under
legal process required to be filed within ______________ year from the date of the seizure.
(A) One year
(B) Two years
(C) Three years
UNIT-7 MCQ LABOUR WELFARE
(D) Four years
83. Essential characteristic of an injunction are:
1. It is a judicial process
2. It is to restrain or to prevent
3. Wrongful act
4. Final Order of the Court
Select the correct answer form the codes given bellow:
(A) 1 and 4
(B) 1 and 2
(C) 1, 2 and 3
(D) 1, 3 and 4
84. “Interpretation or construction is the process by which the Courts seek to ascertain the meaning of
the
legislature through the medium of the authoritative forms in which it is expressed” was said by:
(A) Salmond
(B) Maxwell
(C) Crawford
(D) Lone Fuller
85. Where life or liberty of a person is involved, the Public Information Officer (PIO) is bound to
provide information
under the Right to Information Act, 2005 within____________ :
(A) 30 days
(B) 35 days
(C) 24 hours
(D) 48 hours
86. As per the Limitation Act, 1963, the period of limitation relating to suits of immovable property
to redeem or
recover the possession of property mortgaged is —
(A) 3 years
(B) 12 years
(C) 20 years
(D) 30 years.
87. A person against whom a decree has been passed or an order capable of execution has been made
is
called .........................
(A) Lender
(B) Judgement debtor
(C) Legal representative of the debtor
(D) Any of the above.
88. As per the Indian Evidence Act, 1872, a witness cannot be compelled to give evidence relating to
—
(A) Official communications
(B) Affairs of the State
(C) Communications during marriage
(D) All the above.
89. ………………… is a written statement of the deponent on oath duly affirmed before any court or
any
Magistrate or any Oath Commissioner appointed by the Court or before the Notary Public.
(A) An affidavit
(B) Summon
(C) Warrant
UNIT-7 MCQ LABOUR WELFARE
(D) None of the above
90. Under the Specific Relief Act, 1963, recovering possession of property is a –
(A) Specific relief
(B) Preventive relief
(C) Either (a) or (b)
(D) None of the above.
91. Rule of ejusdem generis shall apply when –
(A) The statute contains an enumeration by specific words
(B) The members of the enumeration constitute a class
(C) The class is not exhausted by the enumeration
(D) All the above.
92. An arbitral award –
(A) must be in writing
(B) may be an oral decision
(C) either (A) or (B) depending upon the circumstances of the case
(D) must be in writing and made on a stamp paper of prescribed value.
93. Investigation and inquiry as per the Code of Criminal Procedure, 1973 are –
(A) The same
(B) Different
(C) Depend upon the circumstances
(D) None of the above.
94. Place of arbitration is important for the determination of the rules applicable to substance of
dispute, and
recourse against the ………. .
(A) Award
(B) Arbitration
(C) Conciliation
(D) Mediation
95. The term ‘sufficient cause’ has not been defined in the Limitation Act, 1963. It depends on the
……………………… of each case.
(A) Circumstances
(B) History
(C) Time
(D) None of the above
96. In the interpretation of statutes, an important role is played as an internal aid by :
(A) Schedules
(B) Preamble
(C) Heading
(D) All the above.
97. Under the law of limitation, suits can be filed within three years in cases relating to :
(A) Seamen’s wages
(B) Hire of animals
(C) Price of goods sold and delivered
(D) All the above.
98. The right of review has been conferred by the Code of Civil Procedure, 1908. It provides that any
person
considering himself aggrieved by a decree or order may apply for a review of judgement to the —
(A) Appellate Court
(B) High Court
(C) District Court concerned
(D) Court which passed the decree or order.
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99. The term ‘cognizance’ means —
(A) A crime
(B) Custody without warrant
(C) Arousing judicial notice
(D) Custody with warrant.
100. Extension of time limit under the Limitation Act, 1963 on showing sufficient cause may be
granted for —
(A) Filing a suit
(B) Filing an application for execution of a decree
(C) An appeal in a labour court
(D) None of the above.
ANSWERS
PART-A
1. D
2. C
3. D
4. D
5. B
6. C
7. C
8. A
9. D
10. A
11. B
12. C
13. A
14. A
15. B
16. A
17. B
18. C
19. B
20. D
21. A
22. C
23. A
24. B
25. A
26. C
27. A
28. A
29. A
30. A
31. B
32. A
33. D
34. D
35. A
36. A
37. A
38. A
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39. C
40. B
41. C
42. C
43. C
44. A
45. A
46. C
47. A
48. C
49. C
50. A
51. A
52. A
53. A
54. B
55. D
56. C
57. A
58. B
59. D
60. B
61. C
62. D
63. A
64. B
65. A
66. A
67. C
68. A
69. A
70. D
PART B
71. A
72. A
73. D
74. A
75. A
76. C
77. A
78. C
79. A
80. A
81. C
82. A
83. C
84. A
85. D
86. D
87. B
88. D
UNIT-7 MCQ LABOUR WELFARE
89. A
90. A
91. D
92. D
93. B
94. A
95. A
96. D
97. D
98. D
99. C
100. D