IGNOU MS-28 Solved Question Paper PDF Download

IGNOU MS-28 Previous Year Solved Question Paper in Hindi

IGNOU MS-28 Previous Year Solved Question Paper in English

Q1. Explain the sources’ of industrial jurisprudence in India. Discuss the specific objectives of labour legislation in India.

Ans. Industrial Jurisprudence is the branch of law that deals with industrial relations, i.e., the relationship between employers and employees, and their respective rights and obligations. The sources of industrial jurisprudence in India are varied and have evolved from different levels. Sources of Industrial Jurisprudence in India: The primary sources of industrial jurisprudence are as follows:

• Constitution of India: The Constitution is the parent source of industrial jurisprudence. The Fundamental Rights (e.g., Articles 14, 19, 21, 23, 24) and the Directive Principles of State Policy (e.g., Articles 39, 41, 42, 43, 43A) provide the framework for labour welfare and social justice. Article 43A, in particular, promotes workers’ participation in management.
• Legislation: The various labour laws passed by the Parliament and State Legislatures form a significant part of industrial jurisprudence. These include the Industrial Disputes Act, 1947; the Factories Act, 1948; the Employees’ State Insurance Act, 1948; and the Payment of Wages Act, 1936. These statutes regulate the terms of employment, dispute resolution, social security, and safety at the workplace.
• Judicial Precedents: Judgements delivered by the Supreme Court and High Courts are binding sources of law. These decisions have interpreted and clarified many aspects of labour law, such as the definition of “industry,” “workman,” and the principles of natural justice.
• International Labour Organisation (ILO) Conventions and Recommendations: India is a founding member of the ILO. While not all conventions have been ratified, they serve as an influential force in shaping labour laws and policies in India. International Labour Standards are often incorporated into domestic law.
• Awards of Tribunals and Labour Courts: The awards or decisions given by Labour Courts, Industrial Tribunals, and National Tribunals create law for the specific disputes and can serve as precedents for future cases.
• Collective Bargaining Agreements: Bipartite and tripartite agreements reached between management and trade unions, known as “settlements,” are binding on the employees and are an important source of industrial jurisprudence.
• Standing Orders: The Standing Orders certified under the Industrial Employment (Standing Orders) Act, 1946, regulate the conditions of employment in an industrial establishment and are legally enforceable.

Objectives of Labour Legislation in India:

The main objectives of labour legislation in India are:

• Social Justice: The primary goal is to protect workers from exploitation, ensure fair wages, and promote humane working conditions, thereby establishing a fair balance in society.
• Industrial Peace: Labour laws provide a mechanism for the prevention and settlement of disputes between employers and employees, thereby maintaining industrial peace which is essential for uninterrupted production and economic growth.
• Protection of Labour: The legislation seeks to ensure the health, safety, and welfare of workers. Acts like the Factories Act and the Mines Act set standards for working hours, safety measures, and welfare facilities.
• Social Security: A key objective is to provide social security to workers and their dependents during contingencies like sickness, maternity, disability, old age, and death. The ESI Act and the EPF Act are significant legislations in this direction.
• Economic Growth: By creating a stable and equitable labour environment, labour laws contribute to national productivity and economic development.
• Equality and Equity: The laws aim to eliminate discrimination in matters of employment based on caste, sex, religion, etc., and promote equal pay for equal work.

In essence, labour legislation in India aims to establish a harmonious industrial relations system based on the principles of social justice.

Q2. Define Industrial Disputes and discuss the powers and duties of authorities under the Industrial Disputes Act, 947.

Ans. Definition of Industrial Dispute: As per Section 2(k) of the Industrial Disputes Act, 1947, an “industrial dispute” means “any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person.” The key elements of this definition are:

• There must be a dispute or difference.
• The dispute can be between employers and employees, employers and employers, or employees and employees.
• The dispute must be connected with the employment or non-employment , the terms of employment , or the conditions of labour of any person.
• It must be a real and substantial dispute, not merely a personal or academic difference.

The Supreme Court has interpreted this definition in various judgments, establishing that the dispute must be supported by a significant body of workmen rather than just an individual workman to be considered an “industrial dispute”, although Section 2A deems disputes related to discharge, dismissal, retrenchment, or termination of an individual workman as an industrial dispute.

Authorities under the Industrial Disputes Act, 1947:

The Act establishes various authorities for the prevention and settlement of industrial disputes. Their powers and duties are as follows:

1. Conciliation Officer:

• Duties: Their main duty is to mediate in and promote a fair and amicable settlement of industrial disputes. They facilitate negotiations to bring the parties to the dispute together and help them resolve their differences.
• Powers: For the purpose of inquiry, a Conciliation Officer can enter any establishment, call for documents, and question relevant individuals. However, he cannot give a decision; his role is only that of a facilitator.

2. Board of Conciliation:

• Duties: When the Conciliation Officer fails to settle the dispute, the government may refer the case to a Board of Conciliation. The Board’s duty is to investigate the dispute and help the parties reach a settlement.
• Powers: The Board has powers similar to a civil court, such as summoning witnesses, compelling the production of documents, and taking evidence on oath.

3. Court of Inquiry:

• Duties: The government may constitute a Court of Inquiry to inquire into any matter connected with an industrial dispute. Its main function is to find facts and submit a report to the government.
• Powers: It also has powers similar to a civil court.

4. Labour Court:

• Duties: To adjudicate on matters specified in the Second Schedule of the Act, such as the propriety or legality of an order passed by an employer, the discharge or dismissal of a workman, and the withdrawal of any customary concession or privilege.
• Powers: A Labour Court has all the powers of a Civil Court under the Code of Civil Procedure, 1908, for the purposes of any proceeding pending before it for adjudication. Its award is binding on the parties.

5. Industrial Tribunal:

• Duties: To adjudicate on any matter specified in the Second or Third Schedule . The Third Schedule includes more significant matters like wages, bonus, rationalisation, retrenchment, and closure of the establishment.
• Powers: It has a wider jurisdiction and similar powers to a Labour Court.

6. National Tribunal:

• Duties: To adjudicate on industrial disputes which involve questions of national importance or which are likely to affect establishments situated in more than one state.
• Powers: It is the highest adjudicatory authority and has extensive powers. Its award can supersede any previous award of an Industrial Tribunal or Labour Court.

Q3. Discuss the provisions regarding responsibility for payment of wage and deduction from wages in the Payment of Wages Act, 936.

Ans. The Payment of Wages Act, 1936, primarily aims to ensure that employees are paid their wages on time and without any unauthorized deductions. The Act lays down clear provisions regarding the responsibility for payment of wages and the permissible deductions. Responsibility for Payment of Wages (Section 3): According to the Act, the primary responsibility for the payment of all wages due to employed persons lies with the employer . However, for specific types of establishments, the Act also holds the following persons responsible:

• In factories: The Manager nominated under the Factories Act, 1948.
• In industrial or other establishments: The person responsible to the employer for the supervision and control of the establishment.
• In railways: The person nominated by the railway administration in this behalf for the local areas.
• In case of persons employed by a contractor: The contractor is responsible for the payment of wages.

The employer has the right to nominate another person to make the wage payments on his behalf. If the nominated person fails to make the payment, the employer remains liable. This provision ensures that there is no escape from the liability of wage payment.

Deductions from Wages (Sections 7 to 13):

Section 7 explicitly states that the wages of every employed person shall be paid to him without deductions of any kind except those authorised under this Act. The Act permits only certain specific types of deductions, which are as follows:

Authorised Deductions:

• Fines (Sec 8): Can be imposed only for acts or omissions specified in the rules made by the employer and approved by the competent authority. The fine cannot exceed 3% of the employee’s wages.
• Absence from duty (Sec 9): If an employee is absent from his duty, a proportionate deduction can be made from his wages.
• Damage or loss (Sec 10): Deductions can be made for damage or loss of goods or property of the employer due to the employee’s neglect or default. This can only be done after giving the employee an opportunity to show cause.
• House accommodation: For house accommodation supplied by the employer.
• Amenities and services: For other amenities and services supplied by the employer, which have been authorized by the government.
• Recovery of advances: For the recovery of advances given to the employee or overpayment of wages.
• Income Tax: Income tax payable by law.
• Deductions by order of a court: Deductions made under the orders of a court or other competent authority.
• Provident Fund: Employee’s contribution to the provident fund.
• Payments to co-operative societies: Dues to co-operative societies with the written authorization of the employee.
• Insurance premiums: Payment of premiums for life insurance policies with the written authorization of the employee.

Limit on Deductions (Sec 7(3)):

The total amount of deductions made in a wage period shall not, in normal circumstances, exceed

50%

of the employee’s wages. However, if the deductions include payments to co-operative societies, this limit can be extended to

75%

. This limit ensures that the employee receives a sufficient take-home wage.

Q4. Describe the provisions regarding eligibility for bonus and the computation of gross profits in banking and other companies in the Payment of Bonus Act, 965.

Ans. The Payment of Bonus Act, 1965, aims to ensure employee participation in the profits of establishments. It provides a statutory framework for bonus eligibility, minimum and maximum bonus, and the method of calculating profits for this purpose. Eligibility for Bonus (Section 8): As per Section 8 of the Act, an employee is eligible to receive a bonus if the following conditions are met:

• The employee must have worked in the establishment for not less than 30 working days in an accounting year.
• The definition of “employee” includes persons employed on a salary or wage not exceeding ₹21,000 per month. However, for the purpose of calculating the bonus, if an employee’s salary exceeds ₹7,000 per month (or the minimum wage prescribed by the government, whichever is higher), their salary will be deemed to be ₹7,000 per month (or the prescribed amount) for the calculation.
• An apprentice is not eligible for a bonus under this Act.

Disqualification for Bonus (Section 9):

An employee can be disqualified from the right to bonus if they have been dismissed from service for any of the following misconducts:

• Fraud.
• Riotous or violent behaviour on the premises of the establishment.
• Theft, misappropriation or sabotage of any property of the establishment.

Computation of Gross Profits:

The bonus is paid out of the ‘available surplus’ of the establishment, the calculation of which starts with ‘gross profits’. The method for computing gross profits differs based on the type of company, as laid down in the Schedules of the Act.

1. For Banking Companies (As per the First Schedule):

In the case of a banking company, the computation of gross profits begins with the

‘Net Profit’

as shown in its Profit and Loss Account, prepared under the Banking Regulation Act, 1949.

To this net profit, the following items are added back:

• Any bonus paid for the accounting year.
• Depreciation.
• Development Rebate or Investment Allowance Reserve.
• Any other reserves.
• Any provision made for income tax and other taxes.
• Donations and charities.

The purpose of these adjustments is to arrive at a profit figure before these appropriations and provisions are made.

2. For Other Companies (As per the Second Schedule):

For other companies (which are not banking companies), the procedure is similar. The calculation starts with the

‘Net Profit’

as per the Profit and Loss Account prepared in accordance with the Companies Act.

To this net profit, the following items are added back:

• Provision for bonus.
• Provision for direct taxes.
• Depreciation.
• Development Rebate / Investment Allowance / Development Allowance Reserve.
• Any other reserves.
• Provision for dividends payable to shareholders.

The computation of gross profits is the first and most crucial step in the process of determining bonus liability. From the gross profits, deductions allowed under the Act (like depreciation, development rebate, and direct taxes) are subtracted to arrive at the ‘available surplus’, from which the bonus is paid to the employees.

Q5. Write short notes on any four of the following : (a) International Labour Standards (b) Benefits under the Employees’ State Insurance Act, ]948 (c) Contract of apprenticeship (d) Prohibition of employment of contract labour (e) Charge-sheet

Ans. (a) International Labour Standards International Labour Standards (ILS) are legal instruments set by the International Labour Organization (ILO) that lay down basic principles and rights for good work. These standards mainly take two forms: Conventions and Recommendations .

• Conventions: These are international treaties that, upon ratification by member states, become legally binding.
• Recommendations: These are non-binding guidelines that supplement Conventions and provide guidance for national policy and action.

The objective of ILS is to promote workers’ rights, ensure social justice, and create decent work opportunities worldwide. These standards cover a wide range of subjects, including fundamental principles like freedom of association, the right to collective bargaining, the abolition of forced labour, the elimination of child labour, and the end of discrimination in employment. India is a founding member of the ILO and has ratified several key conventions, which in turn influence its domestic labour laws.

(b) Benefits under the Employees’ State Insurance Act, 1948

The Employees’ State Insurance (ESI) Act, 1948, is a major social security legislation for workers in India. It provides a comprehensive social security scheme to employees in the organized sector against contingencies such as sickness, maternity, disability, and death due to employment injury. The benefits offered under this Act can be classified into two categories:

• Cash Benefits:
  • Sickness Benefit: Cash payment to compensate for loss of wages during sickness.
  • Maternity Benefit: Paid leave for women during pregnancy, childbirth, and recuperation.
  • Disablement Benefit: Cash payments in case of temporary or permanent disablement due to an employment injury.
  • Dependant’s Benefit: Monthly payments to the dependents of an insured person who dies due to an employment injury.
  • Funeral Expenses: A lump sum amount for the funeral of the insured person.
• Medical Benefit: This is one of the most significant benefits, comprising full medical care for the insured person and their family members. It becomes available from the very start of service.

(c) Contract of apprenticeship

A contract of apprenticeship is a formal agreement entered into between an employer and an apprentice under the

Apprentices Act, 1961

. It is distinct from a regular contract of employment. The primary purpose of this contract is to provide practical training to the apprentice in a designated trade or profession, rather than to obtain services for the employer.

Key features of this contract are:

• The employer undertakes to train the apprentice, and the apprentice agrees to receive training and serve the employer.
• The apprentice is paid a stipend rather than wages.
• An apprentice is not considered a “workman” under the provisions of the Apprentices Act, and therefore many provisions of labour laws (like EPF, ESI, Bonus) do not apply to them.
• The contract must be registered with the Apprenticeship Adviser.

This contract helps young people acquire skills necessary for the industry.

(d) Prohibition of employment of contract labour

The Contract Labour (Regulation and Abolition) Act, 1970, aims to regulate the employment of contract labour and to abolish it in certain circumstances.

Section 10

of the Act empowers the “appropriate government” to prohibit the employment of contract labour in any process, operation, or other work in any establishment.

This prohibition can only be made after consultation with the Central or State Advisory Board. The factors considered when making the decision include:

• Whether the work/process concerned is of a perennial nature.
• Whether it is necessary for the business of the establishment or is incidental to it.
• Whether this work is ordinarily done by regular workmen in that establishment.
• Whether the work is sufficient to employ a number of whole-time regular workmen in that establishment.

The purpose of this provision is to prevent the exploitation of contract workers and to provide them with better job security and working conditions wherever possible.

(e) Charge-sheet

A charge-sheet is a formal, written document issued by an employer to an employee, which contains a clear and precise statement of the allegations of misconduct levelled against him. It is the first and most crucial step in a domestic enquiry or any disciplinary action process.

A valid charge-sheet should have the following characteristics:

• It must be clear and specific , not vague.
• It should mention the nature of the misconduct, as well as the date, time, and place of the incident.
• It must provide the employee with sufficient opportunity to understand the charges against him and prepare his defence.
• The employee must be given a reasonable time to submit a written reply to the charges.

The issuance of a charge-sheet is an essential part of the principle of

natural justice

, specifically

‘audi alteram partem’

(hear the other side). Any disciplinary action taken without a proper charge-sheet can be deemed illegal in the eyes of the law.

Q6. Read the following case and answer the questions given at the end : The Standard Textile Printing Works conduct business in high quality printing of superior textiles. It has a good reputation in the market. The company employs about 500 workers and works in three shifts a day. There is no union in the plant. The Chief Executive of the works is the General Manager who is assisted by three Shift Managers, six Supervisors and _ twelve Assistant Supervisors. For the past few months, the General Manager had been receiving frequent complaints from Shift Managers that a large number of pieces of customer’s cloth were missing from the plant and they could not account for the losses. The General Manager took a serious view of the losses because it meant not only payment of damages to the customers but also the company’s reputation in the market. He therefore, ordered a close search of workers at the time of their leaving the workplace for home. As a result of these searches, a couple of workers were caught with pieces of cloth hidden inside their dresses. They were charge-sheeted for theft and subsequently dismissed after the domestic enquiry. Some day’s back, during lunch interval, Vinayak, a worker in the folding department saw an Assistant Supervisor taking a piece of cloth and putting it in his briefcase. Vinayak immediately reported the matter to the Shift Manager who came to the department and found the said piece of cloth in the briefcase of the Assistant Supervisor. Without any discussion, he asked the Assistant Supervisor to see him in his office. A week passed, and the concerned Assistant Supervisor continued to attend to his work. During this period, the Assistant Supervisor threatened Vinayak that the latter’s days here were numbered. This upset Vinayak. He approached the Shift Manager and enquired of him as to what action was taken against the Assistant Supervisor. The Shift Manager politely replied, “I am thankful to you for whatever you did; it is none of your business to know what action we are taking against him. Remember that, afterall, he is your officer.” Vinayak felt irritated, but left the Shift Manager’s office without a word. On the same day, when the watchman was about to search Vinayak while he was leaving the plant, Vinayak shouted at the watchman saying “I will not allow myself to be searched unless the officers are also searched. They are the real thieves.” The watchman detained Vinayak at the gate and reported the matter to the General Manager, who called Vinayak to his office. On being questioned by the General Manager, Vinayak told him all about the piece of cloth in the Assistant Supervisor’s briefcase and subsequent events and repeated what he had said to the watchman. The General Manager thereupon asked him angrily, “Do you mean to say that we are thieves?” Vinayak replied, “You can take it that way, if you like.” The General Manager recorded the incident along with Vinayak’s reply to his question and took Vinayak’s signature on it. Next day Vinayak was served with a suspension order for his “Act of insubordination and indecent behaviour.” Thereafter, the General Manager referred the case to the Personnel Manager. Questions : (i) How far is the action of General Manager justified ? (ii) As the Personnel Manager, how would you deal with this case ? (iii) Give reasons for the way you would handle this case.

Ans. (i) How far is the action of General Manager justified? The General Manager’s (GM) action is divided into two parts, and their justification differs significantly. Initial Action (Ordering Searches): Ordering searches in response to frequent complaints of theft was a justified managerial action . The company was suffering financial and reputational loss, and management has the right to take preventive measures to protect its assets. The subsequent dismissal of workers caught stealing, after a domestic enquiry, was also justified, provided the enquiry was conducted fairly. Action against Vinayak (Suspension): However, the GM’s action of suspending Vinayak for “insubordination and indecent behaviour” is highly unjustified and unfair.

• Insubordination: Vinayak did not refuse the search outright; he made it conditional (“unless the officers are also searched”). This is not direct insubordination but a protest against double standards and perceived injustice. He raised a valid point that rules should apply to all equally.
• Indecent Behaviour: Vinayak’s reply, “You can take it that way, if you like,” was a result of provocation and frustration. The GM escalated the situation by asking an aggressive and accusatory question (“Do you mean to say that we are thieves?”) instead of investigating a serious allegation of theft by a supervisor.
• Violation of Natural Justice: The GM completely ignored the serious allegation made by Vinayak against a supervisor. Punishing a whistleblower while protecting the accused officer is a gross violation of the principles of natural justice and fairness.

In essence, the GM’s final action appears to be a retaliatory measure to silence an employee who exposed a flaw in the system. This action is not only unjust but also detrimental to the organization.

(ii) As the Personnel Manager, how would you deal with this case?

As the Personnel Manager, my goal would be to resolve the situation impartially and in the long-term interest of the organization. I would take the following steps:

Step 1: Immediate and Impartial Investigation

• First, I would recommend the immediate revocation of Vinayak’s suspension , explaining that it was a reactive decision that will only worsen the situation.
• I would launch a fair investigation into the entire incident. This would involve:
  • Speaking to Vinayak in private to get his full story without fear of reprisal.
  • Questioning the accused Assistant Supervisor.
  • Interviewing the Shift Manager to understand why he failed to act against the supervisor and the details of his conversation with Vinayak.
  • Taking statements from the watchman and any other witnesses.

Step 2: Analysis of the Case and Recommended Action

• The Assistant Supervisor’s Case: Since the Shift Manager himself found the cloth in the briefcase, the evidence is strong. I would recommend initiating a formal domestic enquiry against the Assistant Supervisor on the charge of theft. This would send a clear message that rules are the same for everyone.
• Vinayak’s Case: After the investigation, I would formally reinstate Vinayak. I would explain to him that while his frustration was understandable, it is better to use proper channels to voice grievances in the future. His integrity should be appreciated, not punished.
• The Shift Manager’s Case: I would counsel the Shift Manager. He handled the situation very poorly, ignoring a serious offence and discouraging an honest employee. He needs training on how to handle such situations in the future.

Step 3: Systemic Improvements

• I would advise management to develop and implement a non-discriminatory search policy that applies to everyone from workers to managers. This policy should be clearly communicated to all.
• I would recommend establishing a formal whistleblower policy so that employees can report misconduct without fear of retaliation.

(iii) Give reasons for the way you would handle this case.

The reasons behind my proposed approach are as follows:

• Principle of Fairness and Equity: My first priority is to ensure that company rules and laws are applied equally to all employees, regardless of their position. Condoning theft by a supervisor while punishing a worker who complains is a grave injustice and erodes trust in the organization.
• Maintaining Employee Morale: If a whistleblower like Vinayak is punished, no employee will dare to report any wrongdoing in the future. This will create a culture of fear and mistrust within the company. Reinstating Vinayak and acting on his complaint will build trust and loyalty among the workforce.
• Improving Industrial Relations: Since there is no union in the plant, discontent can simmer and manifest in uncontrolled ways, leading to low productivity, high employee turnover, and even sabotage. By addressing the root cause of the problem (theft and unfair treatment) and not just the symptom (Vinayak’s outburst), we can foster a healthier industrial environment.
• Upholding Managerial Integrity: The management’s credibility is at stake. By conducting a fair investigation against the accused supervisor, management demonstrates that it is serious about its code of conduct for everyone. This strengthens management’s moral authority to enforce discipline in the future.

This approach not only resolves the immediate crisis but also builds a stronger, more equitable system to prevent such incidents in the future.