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Labour and Industrial Law II

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21 views2 pages

Labour and Industrial Law II

Uploaded by

tovinayaktiwari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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` SVKM'S NMIMS a-,A

KIRIT P. MEHTA SCHOOL OF LAW


Academic Yeai.: 2018-2019 I,

Program B.B.A., L.L.B Year: IV Semester VIII

Subject: Labour and Industrial Law 11 r


Time:2 hrs (2:00 pin to 4:00 pin)
r-
Date : 20th April 2019,z
No. of pages: 0&
Marks: 60 r FINAL nxAMINATloN
Instructions: Candidates should read carefully the instructions printed on the question
paper and on the cover of the Answer Book, which is provided for their use.
1) All Questions are compulsory
2) In Section C attempt any 2 questions.
3) In all 6 questions to be attempted.
4) All questions in one section carry equal marks.
5) Answer to each new question to be started on a fresh page.
6) Figures in brackets on the right liand side indicate full marks.
7) Assume Suitable data if necessary.

Section A (10 Marks)

Q.1. What are the circumstances in which an Employer is and is not liable to pay compensation
under the Workmen's Compelisation Act, 1923 ?

Q.2. Elucidate the purposes for which the Employees' State Insurance Funds may expended.

Section B (15 Marks)

Q.3. What do you understand by minimum wage? How would you distinguish it from fair wage?
What are the criteria adopted by the adjudicating authority in fixing/ revising the wage structure
in any particular industry? Discuss.

Section c.(Attempt any two questions) (20 Marks)

Q.4. Mr. Som worked as a manager in, ABZ Co. Ltd., sit-dated irL Mumbai since 01/01/2018 and
withdrew the salary of Rs.12,00,000/-p.a. On 2/0.1/2018, he had to go to one of tbe subsidiary
companies of ABZ Co. for a meeting with the team which .was situated in Khapoli (a district close
to Munbai). On his way to the subsidiary, he picks up one of his colleagues who is also carrying
some alcohol along with him. They both drink on the highway on the way to the subsidiary. They
meet an accident at the Mumbai- Pune highway. As a result of the accident, Som suffers some
injuries (amputation of upper limb and both feet) and finally was declared dead o'Jn 9/01/2018.
Som, is a married man of 30 years, .having wife Mrs. 8, and two children, Suy (4 years) and Soni
(2yrs). Who will be considered as dependents in the above situation? Discuss the liability of the
employer in such cases. Decide whether there can be a successful compensation claim? Further,

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calculate how much compensation should have been/ should be paid in case of a successful claim.
Use the following information-

Age (30)- R.F. 205


Amputation of upper limb-90 (loss of earning capacity)
Amputation of both feet-90 (loss of earning capacity)
Mr. `Z works has been working as a manager in, ABZ Co. and have been withdrawing the salary
of Rs.12,00,000/-p.a.

Q.5. Rates to be fixed need not be uniform and different rates can be fixed for different zones or
localities under the Minimum Wages Act. Enumerate citing relevant provisions and cases.

Q.6.Examinetheconditionsofeligibilityofaninsuredpersonforobtainingvariousbenefitsunder
the Employees' State Insurance Act,1948.

Section D (15 Ma.rks)

Q.7. CNUMS, an organization that has various educational institutes is functional on all seven
daysoftheweek.Thereareguardshiredbytheorganizationfromacontractor,wholooksintothe
shifts and payment of such guards. However, it is observed that the female guards also have to do
two shifts of more than 6 hrs each day. In the light of the above situation., throw light on the rights
of the guards mentioned under any legislation. Further, advice the guards on what course of action
they have against the CNUMS. Support your answer with relevant cases.

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