UGC NET/JRF EXAM, JUNE-2025 Labour and Social Welfare

In a gherao, workers encircle managers inside their cabins or offices, preventing them from leaving until demands are heard.

It emerged in India during the 1960s as a militant form of industrial protest.

It exerts psychological and physical pressure on management, often leading to serious industrial tension.

Unlike sit-down strikes or go-slows, gherao involves physical confinement, which makes it distinct.

The payment of subsistence allowance to a suspended workman is dealt with under Section 10A of the Industrial Employment (Standing Orders) Act, 1946: Section 10A mandates payment of subsistence allowance to a workman who is suspended pending inquiry or investigation into misconduct.

Section 10A was inserted specifically to ensure that a suspended workman is not left withou income during the pendency of a domestic inquiry.

The section requires the employer to pay subsistence allowance at statutory ratesgenerally 50% of wages for the first 90 day and 75% thereafter, provided the delay is no caused by the workman.

This ensures fairness during disciplinar! proceedings by preventing economic hardshij and discouraging prolonged inquiries.

Other sections mentioned in the options relat to different subjects: 

-Section 11(1): Powers of Certifyin Officers/Appellate Authorities (similar civil court powers).
- Section 15(A): No such provision exists Section 15 deals with rule-making power of the appropriate government.
- Section 3(2): Requires that draft standin orders must cover all matters listed in th Schedule.

This is not a method of settling industrial dispute without state intervention because it necessaril involves state-appointed authorities.

Methods without state intervention include:

- Collective bargaining (with or withot private conciliation).
- Voluntary arbitration where parties choos a neutral arbitrator.

Compulsory conciliation and mediation invol the intervention of government-appointe conciliation officers or boards.

Therefore, this method requires the participation of the state, making it incompatible with the phrase "without state intervention."

The Second Schedule of the Industrial Disputes Act, 1947 deals with rights disputes-those arising from the interpretation and application of existing laws or agreements within Labour Court jurisdiction.

• Rights disputes (also called adjudication of "legal disputes") include:

- Legality of orders,
- Application of standing orders,
- Dismissals, retrenchment, discharge,
- Interpretation of labour laws and awards.

The Labour Court handles matters listed under the Second Schedule, focusing on enforcement of existing rights, not creation of new ones.

Interest disputes (requiring creation of new conditions) fall under the Third Schedule, handled by Industrial Tribunals.

Section 67 states that "no child who has not completed his fourteenth year shall be required or allowed to work in any factory."

This provision ensures protection of minors from hazardous industrial environments.

It is aligned with constitutional provisions under Article 24, which prohibits the employment of children in hazardous occupations.

The Act also prescribes additional safeguards for adolescents under related sections.

Section 46(1)(b) of the Mines Act, 1952 states that no woman shall be employed in any mine above ground except between the hours of 6 A.M. and 7 P.M.: This statutory restriction regulates the permissible working hours for women in above-ground sections of mines.

• Section 46 of the Mines Act, 1952 is titled "Employment of women" and sets two major restrictions:

- (1)(a) prohibits employment of women in any part of a mine below ground.
- (1)(b) prohibits employing women above ground outside the time window of 6 A.M. to 7 P.M.

• This means women are legally allowed to work above ground only during daytime and are restricted from night shifts in the original statutory framework.

• The purpose of this provision was safety protection, considering the hazardous nature of mining operations.

• Although later government notifications under Section 83 have allowed conditional exemptions permitting women to work night shifts or in certain below-ground roles, the statutory text of Section 46 itself clearly contains the above restriction.

Therefore, the correct item listed under Section 46 is employment of women above ground between 6 AM and 7 PM.

This is not an obligation of a contractor because exceeding the licensed number is a violation under the Act.

• Under the Contract Labour (Regulation and Abolition) Act, 1970, the contractor must strictly adhere to the number of workers permitted in the licence.

• Increasing workforce beyond the approved number requires prior amendment and approval from the Licensing Officer.

• The contractor's actual obligations include:

- Paying taxes as per statutory provisions.
- Submitting half-yearly returns within 30 days of closing the half-year.
- Managing grievances of contract workers.

Therefore, exceeding the licensed number of workers is not an obligation but an offence.

This is the correct distinction between the two categories of legislations.

• Labour legislation focuses on individuals in their capacity as workers-covering wages, industrial disputes, safety, welfare, working conditions and employment rights.

• Social legislation covers broader issues related to citizenship and social welfare, such as child protection laws, women's protection laws, SC/ST acts, domestie violence, dowry prohibition etc.

• Labour laws arise from employment relationships, whereas social legislations apply to society at large regardless of occupation.

Hence, the primary difference lies in the identity of the protected individual-worker vs. citizen.

The functional theory of labour welfare is also known as the efficiency theory because it argues that welfare measures increase worker efficiency.

• According to this theory, welfare amenitiescanteens, restrooms, health facilities, housing, recreation-improve morale and physical well-being.

• Better welfare conditions reduce absenteeism, accidents, and labour turnover while improving productivity.

• Employers adopt welfare practices not merely out of philanthropy but to achieve higher efficiency and industrial peace.

Therefore, "functional theory" and "efficiency theory" refer to the same concept.