B.E. (Production S/W)
INDUSTRIAL AND COMMERCIAL LAW
(2003 Course) (411125) (Elective – II) (Sem. – I)
Time : 3 Hours
Max. Marks : 100
Instructions to the candidates:
1) Question No. 1 & Question No. 6 are compulsory.
2) Attempt any three questions from the remaining from each section.
3) Your answers to the problems must be supported by a correct legal & logical reasoning.
4) Figures to the right indicate full marks.
SECTION – I
a) Nine clerks, working in the office of a government owned pharmaceutical factory employing 294 workmen, were terminated from his services on account of closure of a section in the office. They have challenged this action under the industrial Dispute Act 1947. Under which conditions can the aggrieved clerks succeed? Give your opinion, with reasons.
b) A Union has made certain demands from the Management of a factory establishment, for wage rise and other facilities. The management has not conceded (accepted) these demands and is not ready to accept any. Advice the Union with the reasons, the courses of action open to them under the Industrial Disputes Act, 1947, to get their demands sanctioned.
c) A computer vendor sold a computer to a customer. Immediately there after, the customer made a complaint that it can not perform the minimum functions as told and shown to him by the seller, at the time of sale. The customer has demanded the money back, on the grounds that he had been cheated. The seller is showing a printed line on the invoice that ‘goods once sold will not be returned under any circumstances’. State the legality of the respective claims of the parties.
d) 12 workers working in one automobile spare parts factory run on electricity have been asked to work for 9 hours a day with five days a week. Are these working hours legal?
State the meaning, legal status and importance of ‘Standing Orders’ and Model Standing orders.
Define and explain the term Factory and Workman as per the Factories Act 1948.
Define the terms ‘Industry’ and ‘Retrenchment’ as per Industrial Disputes Act 1947 and explain its essentials.
a) State the purpose and reasons of legislating the Competition Act, 2002.
b) Explain the meaning of ‘relevant market’ as per the Competition Act, 2002.
SECTION – II
a) State with reasons whether the following personnel shall attract the definition of a workman’ as per Industrial Disputes Act, 1947.
i) A teacher,
ii) A nurse in a trust owned hospital,
iii) A peon in District Collector’s office,
iv) A CNC operator drawing monthly salary higher than the manager of his factory.
b) A Hospital has employed 26 nurses and 30 ward boys. It claims that it is not covered by the Industrial Employment and Standing Orders Act, 1946. Is this position legally tenable?
c) A workman working in a shop employing 76 workers is being terminated from his services on the grounds of surplus staff. State the provisions the employer is required to follow in the circumstances.
d) A seller has sold 5 ordinary plastic chairs to a customer. No price was determined at the time of making the sale. However, the seller demanded a total price of Rs. 25,000/- after the completion of the sale and delivery. The customer refused to pay on the grounds of inordinately exorbitant price and therefore wants to cancel the sale. The seller is insisting on the same price. State the legality of their respective claims against each other along with the correct legal position.
a) Can workmen in a Public Utility Service go on strike as per the provisions of Industrial Disputes Act, 1947? If yes, what are the conditions they have to comply with? If not, state the reasons of your answer.
b) State the provisions of the factories Act, 1948, regarding the leaves and holidays of the workers.
a) Explain the terms Condition and Warranty, marking out the distinction between them as per the provisions of the Sale of Goods Act. 1930.
b) Explain the term Dominant Position as per the competition Act,2002.
State the meaning of Certified Standing orders and explain the procedure of having Certified Standing Orders in any establishment as per the Industrial Employment (Standing Orders) Act, 1946.
Write notes on (any two) :
a) Distinction between Sale and Agreement to sell,
b) Manufacturing Process as per the Factories Act, 1948,
c) Distinction between closure and lockout as per the Industrial Disputes Act, 1947.