INDUSTRIAL RELATIONS AND LABOUR LAWS (GENERAL STUDIES)

Total Questions: 50

41. During emergency, Article 43-A was introduced. What was the purpose of the article?

Correct Answer: (c) To raise productivity and industrial peace
Solution:

In 1975, during the Emergency, the Constitution was amended by the introduction of Article 43A. The purpose of this amendment was to raise productivity, promote industrial peace and create a sense of involvement amongst the workers.
The inserted article that formed part of the Directive Principles of State Policy provided that “The state shall take steps by suitable legislation or in any other way to secure participation of workers in the management of undertakings, establishments or other organizations engaged in the industry”. It has thus become incumbent on the state to work towards the effective participation of workers in the management of industrial establishments.

42. Which article of the Constitution calls for suitable legislation for workers participation in management?

Correct Answer: (c) Article 43A
Solution:

Article 43A: “The state shall take steps by suitable legislation or in any other way to secure participation of workers in the management of undertakings, establishments or other organizations engaged in the industry”. It has thus become incumbent on the state to work towards the effective participation of workers in the management of industrial establishments.

43. Which is correct regarding Participation of Workers in Management Bill, 1990?

Correct Answer: (b) The bill is applicable to all units covered under the ID Act, 1947
Solution:

The salient features of the Participation of Workers in Management Bill, 1990 are as follows:
The Bill is to be applicable to all units covered under the ID Act, 1947 and the definition of Appropriate Government prevailing in the ID Act is to be made applicable.
The Central Government will be responsible for enforcing the law in all cases where the Central Government is the appropriate Government under the ID Act, 1947 and also in enterprises where the Central Government holds 51% or more of the paid up share capital. In the remaining cases, the responsibility for enforcement will be that of the State Government.
The Bill provides for formulation of one or more schemes to be framed by the Central Government for giving effect to the provisions of the law which will include, among others, the manner of representation of workmen at all the three levels and of other workers at the Board level, nomination of representatives of employers on the shop floor and establishment level councils, procedure to be followed in the discharge of the functions of the Councils etc.

44. Which act applies to establishments with 20 or more workers?

Correct Answer: (d) Employees State Insurance Act
Solution:

Employees Provident and Miscellaneous Provisions Act, Maternity Benefit Act and Payment of Gratuity Act apply to all establishments with 10 or more workers.
But Employees State Insurance Act applies to only those establishments with 20 or more workers.

45. Collective bargaining is an impossible dream for most workers because

Correct Answer: (a) More than 97% of the enterprises employ less than 10 workers
Solution:

If we look at the general picture, only a tiny section of workforce is protected by the labour laws and has guaranteed space for collective bargaining in well defined legal boundaries. According to the Fifth Economic Census (1999) more than 97 percent of the enterprises employ less than ten workers, and most of these employ less than five workers.

46. Which of the following is true regarding labour in the era of liberalization?

Correct Answer: (c) Increase in employment in formal sector has been of the nature of informal
Solution:

Now, in the formal sector, number of formal workers is about 33.7 million and informal workers about 28.9 million (2004–05). Increase in the employment (in whatever amount) in the formal sector has largely been of informal in nature.

47. Which of the following statements is correct?

Correct Answer: (d) India has neither ratified ILO convention on Freedom of Association and Protection of the Right to Organize 1948 (C. 87), nor the Right to Organize and Collective Bargaining Convention, 1949 (C. 98).
Solution:

India has neither ratified ILO convention on Freedom of Association and Protection of the Right to Organize 1948 (C. 87), nor the Right to Organize and Collective Bargaining Convention, 1949 (C. 98). Trade Union Act of India provides right to association only with a limited scope and limited coverage.

48. The amended Trade Union Act requires which of the following to register a trade union?

Correct Answer: (d) At least 10% or 100 members required subject to a minimum of 7
Solution:

The Trade Union Act 1926 was amended in 2001 and after the amendment it became more difficult to form the trade unions. In the Act of 1926, only seven members were required to register a trade union, but after amendment at least 10% or 100, whichever is less, subject to a minimum of 7 workmen engaged or employed in the establishment are required to be the members of the union before its registration. The amendment also introduces a limitation on the number of outsiders among the office bearers.

49. Which of the following is true about the right to strike?

Correct Answer: (b) Right to strike is not a fundamental right
Solution:

In India, right to protest is a fundamental right under Article 19 of the Constitution of India; but right to strike is not a fundamental right. Right to strike as also the right to lock-out is a legal right governed by Industrial Disputes Act 1947.

50. Which among the following is incorrectly matched Trade Union and Party Affiliation

Correct Answer: (a) All India Trade Union Congress ---- Congress
Solution:

1. BMS- Bharatiya Mazdoor Sangh (linked with far right political party BJP)-members: 6 million
2. INTUC - Indian National Trade Union Congress (linked with centrist Congress Party), members: 3.8 million
3. AITUC - All India Trade Union Congress (linked with Communist party of India)- members: 3.3 million
4. HMS - Hind Mazdoor Sabha (independent-socialist) -members: 3.2 million
5. CITU - Centre of Indian Trade Unions (linked with Communist Party of India (Marxist) –members: 2.6 million