Labour Law Practice Questions for CLAT PG 2021

Labour Law Practice Questions for CLAT PG 2020

Passage​​ 

(Excerpted from the judgment of​​ Chief Regional Manager United​​ vs Siraj Uddin Khan)

There is no adjudication regarding claim of salary or back wages to the respondent in the impugned judgment of learned Single Judge for the period 15.05.2009 to 20.06.2012. Learned Single Judge was of the opinion that in view of the setting aside of the order dated 26.06.2012, payment of salary is automatic, which view of the Single Judge is not correct. The present is not a case where the respondent was dismissed from the service and consequent to dismissal, he could not work and when dismissal was set aside, he will be automatically entitled for back wages.We may notice some of the judgments of this Court where issue of back wages has been considered by this Court. This Court in Deepali Gundu Surwase Vs. Kranti Junior Adhyapak Mhavidyalaya (D.Ed.) And Others, (2013) was considering a case where the question was considered as to whether the appellant was entitled to wages for the period she was kept out of service forcibly by the management of school. In paragraph No. 22, following was laid down: The very idea of restoring an employee to the position which he held before dismissal or removal or termination of service implies that the employee will be put in the same position in which he would have been but for the illegal action taken by the employer. The injury suffered by a person, who is dismissed or removed or is otherwise terminated from service cannot easily be measured in terms of money. With the passing of an order which has the effect of severing the employer-employee relationship, the latter’s source of income gets dried up. Not only the employee concerned, but his entire family suffers grave adversities. They are deprived of the source of sustenance. The children are deprived of nutritious food and all opportunities of education and advancement in life. At times, the family has to borrow from the relatives and other acquaintance to avoid starvation. These sufferings continue till the competent adjudicatory forum decides on the legality of the action taken by the employer. The reinstatement of such an employee, which is preceded by a finding of the competent judicial/quasi- judicial body or court that the action taken by the employer is ultra vires the relevant statutory provisions or the​​ principles of natural justice, entitles the employee to claim full back wages. If the employer wants to deny back wages to the employee or contest his entitlement to get consequential benefits, then it is for him/her to specifically plead and prove that during the intervening period the employee was gainfully employed and was getting the same emoluments. The denial of back wages to an employee, who has suffered due to an illegal act of the employer would amount to indirectly punishing the employee concerned and rewarding the employer by relieving him of the obligation to pay back wages including the emoluments.”

Questions

  • As per Factories Act "Factory" means any premises including the precincts thereof where ____ or more workers are working or viewer working on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on.​​ 

  • 10 5

  • 50​​ 

  • 20​​ 

  • 100​​ 

Ans. c

  • The exhaustion suffered by an individual due to continuous exposure to a stress causing situation is normally known as​​ 

  • Entrapment​​ 

  • Tiredness​​ 

  • Irritability​​ 

  • burn-out​​ 

Ans. d

  • Who is an Adolescent as per Factories Act, 1948?​​ 

  • Who has completed 17 years of age​​ 

  • Who is less than 18 years

  • ​​ Who has completed 15 years but less than 18 years

  • None of these​​ 

Ans. c

  • In the case of Chief Regional Manager, United India Insurance Company Limited v. Siraj Uddin Khan the SC has reiterated that​​ 

  • no individual can claim wages for the period that he/she remained absent without leave or justification.

  • individuals can claim wages for the period that he/she remained absent without leave or justification

  • both a and b

  • none of the above

Ans. a

  • In which of the following case Supreme Court stated that where the employer has restrained the employee from working, the employer cannot plead 'no work no pay'

  • Airports Authority of India and Others v. Shambhu Nath Das

  • Pankaj Prakash v. United India Insurance Company Limited and Another

  • Dev Dutt v. Union of India

  • Shobha Ram Raturi v. Haryana Vidyut Prasaran Nigam Limited and Others

Ans. d

  • Manager of every factory should sent a annual report to the Inspectorate of f actories containing details like numbers of workers employed , leave with wages, safety officers ,ambulance room, canteen, shelter, accidents in form no ______ on or before 31 st January​​ 

  • Form No : 22​​ 

  • Form No: 21​​ 

  • Form No: 25 A

  • ​​ Form No: 25 B​​ 

Ans. a

  • The employer's share of contribution under the ESI Act is​​ 

  • 12%

  • 8.33%​​ 

  • 1.75%​​ 

  • 4.75 %​​ 

Ans. d

  • The judgement given in the passage has been pronounced by Justice:

  • Ashok Bhushan

  • Surya Kant

  • DY Chandrachud

  • None of the above

Ans. a

  • Leave with wages is allowed for employees if they work for days in a month.​​ 

  • 15​​ 

  • 25​​ 

  • 20

  • 28

Ans. c

  • The occupier has to submit the document on or before ______of every year to renewal of a license for a factory.​​ 

  • 31 st march of every year​​ 

  • 31 st December of every year​​ 

  • ​​ 31 st October of every year​​ 

  • 31 st April of every year​​ 

Ans. c

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