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Industrial Relations And Labour Laws > Labour Laws and Indian Constitution > Flashcards

Labour Laws and Indian Constitution Flashcards

1
Q

Which part of the constitution of India is the benchmark for labour laws in india?

A

Part 3

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2
Q

What is article 14 in context of labour laws?

A

“Equal Pay For Equal Work”

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3
Q

Which article of the constitution guarantees Equality Of Opportunity To All Citizens in matter of appointment to any office or any other employment under the State ?

A

Article 16(1) and (2)

Reasonable classification and provision for backwards

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4
Q

Which article guarantees citizens to form union or association ?

A

Article 19(1) (c)

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5
Q

Under which act workers are allowed to form trade union?

A

Trade Union Act, 1926

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6
Q

Which article says no person shall be deprived of his life or personal liberty except according to procedures established by law ?

A

Article 21

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7
Q

Which article prohibits traffic in human beings andforced labour ?

A

Article 23

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8
Q

Does constitution prohibits forced labour?

A

yes

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9
Q

Bonded labour (Abolition) Act, 1976 comes under which article?

A

Ar 23

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10
Q

which case held that labour or services for a remuneration less than a minimum wage amounts to “forced labour” ?

A

People’s Union for Democratic Rights vs. Union of India 1983.

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11
Q

What does article 24 says?

A

It prohibits child labour.

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12
Q

Which act comes under article 24 to act against ?

A

Child Labour (Prohibition and Regulation) Act, 1986

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13
Q

In which case it states that DPSP and FR should be harmonised without considering Directives as inferior and subservient to FR ?

A

Minerva case vs. Union of India

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14
Q

What does article 39(d) directs?

A

That there is equal pay for equal work for both men and women.

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15
Q

Which act provide remuneration to men and women workers and for prevention of discrimination ?

A

Equal Remuneration Act, 1976

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16
Q

Which art provide effective provision for securing right to work, to education, and to public assistance in case of unemployment old age , sickness and disablement ?

A

Art 41

17
Q

What will be the current example of art 41 ?

A

Covid pandemic

18
Q

Which article talks about maternity relief i.e. leave provided to women when they are pregnant?

A

Art 42

19
Q

Which act is mentioned under art 42 related maternity relief?

A

Maternity Benefits Act, (2017)

20
Q

Under which art the state shall endeavour to promote cottage industries on an individual or cooperative basis in rural areas ?

A

Art 43

21
Q

Which art directs to secure the participation of workers in management of undertakings, establishments or other organisations engaged in any industry ?

A

Art 43(A)

22
Q

Under which segment o the indian constitution, the Labour Policy is designed?

  1. Preamble
  2. FR
  3. DPSP
  4. Fundamental Duties
A

1,2,3

23
Q

Which of the following statements about workers’ participation in management in India is not true?

  1. It is a part of the 20 point Economic Programme.
  2. It is provided in the Directive Principle Of State Policy.
  3. It is made a Constitutional Provision under the 42nd Amendment Act.
  4. It is a justiciable right of the workers.
A

4

24
Q

The constitution of India upholds the principle ‘Freedom Of Association’ as a fundamental right by I.L.O convention in —-

  1. Art 20(C)
  2. Art 19(C)
  3. Art 24(C)
  4. Art 18(C)
A

2

25
Q

Which of the following comes under the ‘ state list’ under the seventh schedule of the constitution of india?

a) Relief of the disabled and unemployable
b) Regulation of labour and safety in mines
c) Regulation and control of manufacture, supply and distribution of salt
d) Social security and social insurance

A

a

26
Q

First Workers’ Union in India?

Who established the union?

A

Bombay Mill-Hands Association

N.M Lokhande

27
Q

First Properly registered trade union?

Who founded the union?

A

Madras Labour Union

B.P Wadia

28
Q

First trade union federation at National Level?

Who was the President of this trade union?

A

All India Trade Union Congress(AITUC) in 1920

Lala Lajpat Rai

29
Q

Objectives of trade unions?

A 
Better wages and salaries
Improving working conditions
Ensure favourable term of employment
Protection against victimisation of worker
Welfare of Employees
Harmonious Employee-Employer relations
Providing negotiating machinaries
Safeguarding Organisational Health  and the Interest of the industry
30
Q

Function of Trade Union?

A 
Militant or Protective or Intra -mutual functions:  Collective bargaining or direct action such as strikes, gheraos etc
Sectional bargainer or class bargainer

Fratenal or extra mutual functions : Providing Financial or non financial assistance to workers

Political Functions: Affiliating the union to a political party
Giving and seeking help

Social Functions : Educating the rank and file workers.
Refraining from unnecessary strikes.
Schemes for planned economic development of the country.
Organise the unorganized sections.

31
Q

Structure of trade Unions ?

A

Craft union—> Single occupation= also called occupational union
—>Engaged in a particular craft irrespective of the industries

Industrial union—> Basis of an industry rather than a craft=vertical union

  • –>Workers from lowest shop-floor grade up to management are recruited
  • ->Most popular type of union in india

General unions—>membership covers workers employed in different industries and crafts. General unions are not popular in India.

32
Q

Five functional type of unionism by Robert F. Hoxie?

A

Business Unions—>These are also known as ‘Bread and Butter union’.

  • –>They accept the existing economic system.
  • –>Collective bargaining is the usual method followed by these unions with heavy reliance on strike as a weapon.

Revolutionary Unions—>opposed to the capitalistic industry and replace it by the socialistic systems through radical means such as strikes, boycott and gheraos.

Predatory unions—>do not subscribe to any ideology. Such unions are characterized by their ruthless pursuit of immediate ends.
—>collective bargaining, secret bribery and violence.

Friendly or Uplift Unions—>These unions mainly aim at improving the intellectual, moral and social life of their members.
—>They are idealistic in nature. Since they are law-abiding, they believe in the institution of collective bargaining and also setting up of cooperative enterprises, mutual insurance, profit-sharing and the like.

Dependent Unions—>A depend union is parasitic in nature relying upon the support of the employers.
—>Company Union – This type of union totally depends on the employer for its support and does not really represent the interest of the workers in so far as it is not opposed to the interest of the management.

Union label Union – These types of union depends upon the union label being imprinted on the products made by the union members.

33
Q

Employer’s Associations ?

A

The period prior to 1930—->Bombay Millowners’ Association, the Bengal Millowners’ Association, and the Ahmedabad Millowners’ Association.

The period between 1931 and 1946—>The All-India Organisation of Industrial Employers (AIOIE) and the Employers’ Federation of India (EFI) came into existence in 1933. The All-India Manufacturers’ Organisation (AIMO) was formed in 1941.

The post-Independence period—>Standing Conference of Public Enterprises (SCOPE) came into existence on April 10, 1973 and was formally given recognition as an apex body of Central Public Sector Enterprises in November 1976 by a decision of the Union Cabinet.

Present Employers’ Association in India—>
All India Organisation of Employers (AlOE)
Employers’ Federation of India (EFI)
International Organisation of Employers (IOE)
Standing Conference of Public Enterprises (SCOPE)

34
Q

Trade union means any combination formed primarly for the purpose of regulating the relations between-

a) Workmen and employers permanently
b) Workmen and workmen permanently
c) Workmen and employers, workmen and workmen , employers and employers, temporary or permanent.
d) Workmen and employers, workmen and workmen , employers and employers, permanently.

A

c

35
Q

Which of the following is not a characteristics of trade union?

a) Is an association of employers or employees or of the independent workers.
b) Is relatively a permanent combination rather than temporary and casual.
c) Is an association of workers who are engaged in not securing economic benefits for their workers.
d) Is influenced by members of ideologies.

A

c

36
Q

An association of crane operators in an industrial establishment is an example of–

a) General union
b) Craft union
c) Industrial union
d) Industrial federation

A

b

37
Q

Which of the following factors are responsible for weakening the trade unions in india?

a) absence of rank and file leadership
b) Absence of one union in one industry
c) politicization of unions
d) proactive management

correct?

A

all

38
Q

A union whose membership may cover workers employed in many industries, employment and crafts is known as-

a) industrial union
b) general union
c) craft union
d) region-cum-industry level union

A

b

39
Q

Which one of the following is an exception from the five functional types of unionism identified by Robert Hoxie?

a) Business unionism
b) Predatory unionism
c) Revolutionary unionism
d) Evolutionary unionism

A

d

Industrial Relations And Labour Laws (6 decks)

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