Economic and Labour Laws Dec 2008 This Paper has 57 answerable questions with 0 answered.

Roll No Time allowed : 3 hours Total number of questions : 8 PART A

Maximum mark Total number of printed pa

(Answer Question No. 1 which is COMPULSORY and any three of the rest from this part) 1. With reference to the relevant legal enactments, write short notes on any five of the following : (i) Delayed payments to micro and macro enterprises (ii) Star Export Houses (iii) Salient features of the Special Economic Zones Act, 2005 (iv) Legal metrology (v) Wellknown trade mark. (vi) Competition policy. (vii) COB licence. (3 marks each) 2. State, giving reasons in brief, whether the following statements are true or false. Attempt any five : (i) The Competition Act, 2002 prohibits dominance as well as the abuse of dominant position. (ii) In all legal proceedings relating to trade marks, registered under the Trade Marks Act, 1999, the original registration and all subsequent assignments and transmissions thereof shall be conclusive proof of its validity. (iii) Money laundering is a national phenomenon and stern measures are of critical importance at the national level. (iv) The Public Liability Insurance Act, 1991 was enacted for the purpose of providing immediate relief to the workers affected by accidents occurring while handling the hazardous substances. (v) Duty Free Replenishment Certificate (DFRC) is issued to a merchant exporter or manufacturer exporter for theimports used in the manufacture of goods without payment of any basic customs duty whatsoever. (vi) The erroneous description of manufacturing company in an advertisement amounts to misleading representation and hence an unfair trade practice. (3 marks each) 3. (a) Distinguish between any two of the following : (i) Relevant geographic market and relevant product market.
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(ii) Small scale industrial undertaking and ancillary industrial undertaking. (iii) Current account transactions and capital account transactions. (5 marks each) (b) Rewrite the following sentences after fillingup the blank spaces with appropriate word(s)/figure(s): (i) Release of foreign exchange facilities for emigration exceeding US$________or amount prescribed by the country of emigration requires prior approval of RBI. (ii) No permission from the Central Government is required to receive foreign contribution from a relative not exceeding value of Rs._______ per year subject to its intimation to the Central Government. (iii) An Indian citizen resident outside India may acquire any immovable property in India other than__________. (iv) Remittance of foreign exchange exceeding US$ _________ per project for any consultancy services procured from abroad requires prior approval of RBI. (v) The minimum time for applying for technological upgradation of the existing capital goods imported under the Export Promotion Capital Goods (EPCG) Scheme is______ from the date of issuance of the authorisation. (1 mark each) 4. (a) With reference to the relevant provisions of the Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder, advise on the following : (i) Indotech Ltd. desires to make payments of commission on exports made towards equity investment in its joint venture company abroad. (ii) Rupa intends to take an insurance policy in her name from an insurance company abroad involving payment of premium amounting to US$20,000. (iii) A nonresident shareholder has applied for the issue of additional shares over and above his entitlement of rights shares in an Indian company. (iv) Girish intends to transfer his shareholding in rupee equivalent to US$20,000 as gift to his son who is a resident outside India. (v) Microtech Ltd., a software exporter company, desires to receive 25% of the value of its exports in the form of shares in an overseas software company without entering into joint venture agreement. (1 mark each) (b) Mention the provisions of the Foreign Contribution (Regulation) Act, 1976 in respect of exemptions from accepting foreign contributions. (5 marks) (c) Explain the provisions of the Trade Marks Act, 1999 regarding infringement of registered trade marks. (5 marks) 5. (a) Mention any five inventions which are not patentable under the Patents Act, 1970.

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(5 marks) (b) State the provisions of the Environment (Protection) Act, 1986 relating to the offences by companies. (5 marks) (c) Sangeetha filed a complaint against a bank where her ornaments kept in the banks locker were found missing and sought compensation through the Consumers Disputes Redressal Forum against the deficiency in service by the bank. The bank submitted a certificate recorded by the custodian of the bank on the day Sangeetha had operated the locker which stated that all lockers operated during the day had been checked and found properly locked. Will Sangeetha succeed in her claim? (5 marks)
PART B
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(Answer ANY TWO questions from this part.) 6. Write notes on any four of the following : (i) Employment injury under the Employees State Insurance Act, 1948. (ii) Prohibition of employment of contract labour under the Contract Labour (Regulation and Abolition) Act, 1970. (iii) Philosophy behind the enactment of the Minimum Wages Act, 1948. (iv) Manufacturing process under the Factories Act, 1948. (v) Matters within the jurisdiction of industrial tribunals constituted under the Industrial Disputes Act, 1947. (vi) Tests for determination of industry under the Industrial Disputes Act, 1947. (5 marks each) 7. (a) Distinguish between any two of the following : (i) Principal employer and immediate employer under the Employees State Insurance Act, 1948. (ii) Individual dispute and industrial dispute under the Industrial Disputes Act, 1947. (iii) Partial disablement and total disablement under the Workmens Compensation Act, 1923. (5 marks each) (b) Rewrite the following sentences after fillingup the blank spaces with appropriate word(s)/figures: (i) Minimum wages are to be fixed on the basis of standard normal working hours namely ___________ hours a week. (ii) Every employee shall be entitled to be paid by his employer in an accounting year, bonus, provided he has worked in the establishment for not less than _________ working days in that year. (iii) _________ means the temporary closing of a place of employment or suspension of work or the refusal by an employer to continue to employ any number of persons employed by him. (iv) _________ means the termination by the employer of the services of a workman for any reason whatsoever otherwise than as a punishment inflicted by way of disciplinary action.
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(v) The Trade Unions Act, 1926 provides for the _________ of an unfair labour practice either by the employer or the trade unions or workmen. (1 mark each) (c) Choose the most appropriate answer from the given options in respect of the following : (i) To make an employer liable under the Workmens Compensations Act, 1923, it is necessary that the injury is caused by an accident which must arise (a) Out of employment (b) In the course of employment (c) Out of employment and in the course of employment (d) By any other reason. (ii) An insured person under the Employees State Insurance Act, 1948 is entitled to receive certain benefits. But the insured person is (a) Not entitled to receive more than one benefit for the same period (b) Entitled to receive more than one benefit for the same period on compassionate grounds (c) Entitled to receive one benefit partly in cash and receive the other benefit in kind for the same period (d) Entitled to receive more than one benefit on proof of authorities concerned. (iii) Under the Payment of Gratuity Act, 1972 where the services of an employee have been terminated for any act which constitutes an offence involving moral turpitude provided that such offence is committed by him in the course of his employment, the gratuity payable to the employee may be (a) Wholly or partially forfeited (b) Only partially forfeited (c) Wholly forfeited (d) Forfeited in installments. (iv) Under the Contract Labour (Regulation and Abolition) Act, 1970, the principal employer of an establishment can employ contract labour if (a) The principal employer has not obtained the certificate of registration (b) The work is of urgent nature (c) The work is not of perennial nature (d) The work provides instant employment to a considerable number of unemployed persons. (v) A premises including precincts thereof is a factory within the meaning of the Factories Act, 1948 wherein a manufacturing process is being carried on with the aid of power and where the number of workers working is (a) 10 or more workers (b) 20 or more workers (c) 15 or more workers (d) 50 or more workers. (1 mark each) 8. Attempt any five of the following stating relevant legal provisions and case law, if any: (i) A contractor made short payment of wages to a worker employed by him as contract labour. The

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worker sought the amount due from the principal employer. Will he succeed ? (ii) The services of workmen engaged on casual basis for doing a particular urgent work were terminated after the completion of the said work. Workmen sought compensation as the termination amounted to retrenchment. Will they succeed ? (iii) Workmen of an electricity generation station claimed that their unit is covered under the definition of factory considering the process of transforming and transmission of electricity generated at the power station as a manufacturing process. Will their claim succeed? (iv) An employee contended that subsistence allowance given during the period of his suspension should be included in his total wages for the purpose of calculation of bonus entitlement. Will he succeed? (v) The company declined to pay gratuity to a deceased employees wife stating that the employee had worked for two years only whereas eligibility for receiving gratuity accrues only if he served for a period of five completed years of continuous service. Will she succeed? (vi) An establishment discontinued deduction towards contribution to provident fund from its employees salary and stopped remitting contribution of its share of provident fund when the number of its employees on rolls fell to fifteen. Do the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 cease to be applicable to the establishment under such circumstances ? (vii) A workman, who was a carpenter, had to get his left arm amputated from elbow in an injury caused in the course of employment. The company paid compensation towards partial permanent disablement. The workman demanded compensation claiming it to be total disablement. Will the workman succeed ? (4 marks each)
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Economic and Labour Laws June 2009

This Paper has 57 answerable questions with 0 answered. Roll No Time allowed : 3 hours Total number of questions : 8 PART A

Maximum mark Total number of printed pa

(Answer Question No. 1 which is COMPULSORY and any three of the rest from this part) 1. With reference to the relevant legal enactments, write short notes on any five of the following : (i) Deficiency in service (ii) Exempted categories under the importerexporter code (IEC) number (iii) Know your customer (KYC) guidelines (iv) Anticompetitive agreements (v) Minimum resale price maintenance (vi) Contents of complete specification (vii) Principal display panel. (3 marks each) 2. State, giving reasons in brief, whether the following statements are true or false. Attempt any five : (i) In case an EOU fails to achieve its export obligations, it shall be liable to pay penalty at the time of exit. (ii) A person resident outside India can sell the shares and convertible debentures of an Indian company to whomsoever he wants. (iii) Goods means every kind of movable property other than actionable claims and includes stock and shares even before allotment. (iv) Tea is a food stuff and hence constitutes an essential commodity under the Essential Commodities Act, 1955. (v) An association pursuing a definite cultural, economic, educational, religious or social programme can receive foreign contribution without any limits. (vi) The provisions contained in the Special Economic Zones Act, 2005 shall have effect not withstanding anything inconsistent therewith contained in any other law for the time being in force. (3 marks each) 3. (a) Distinguish between any two of the following : (i) Seizure and confiscation&rsqo; under the Essential Commodities Act, 1955. (ii) COB licence and industrial licence.
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(iii) Invention and patentable invention under the Patents Act, 1970. (5 marks each) (b) Choose the most appropriate answer from the given options in respect of the following: (i) Under the Consumer Protection Act, 1986, the limitation period for filing a complaint from the date of cause of action is (a) 60 days (b) 6 months (c) 1 year (d) 2 years. (ii) The amount representing the full export value of goods is required to be realised and repatriated in India within (a) 6 months (b) 3 months (c) 1 year (d) 2 years. (iii) The issue of Foreign Currency Convertible Bonds (FCCBs) in any financial year is subject to a ceiling of (a) Rs.50 crore (b) US $500 million (c) Rs.100 crore (d) US $1 million. (iv) A registered trade mark requires to be renewed on expiry of the period of (a) 7 years (b) 10 years (c) 14 years (d) 5 years. (v) Foreign direct investment (FDI) is prohibited in (a) Infrastructure sector (b) Hospitals (c) Retail trade (d) IT sector. (1 mark each) 4. (a) What are the circumstances under which a registered trade mark is deemed to be infringed under the Trade Marks Act, 1999. (5 marks) (b) Write a note on global initiatives in the prevention of money laundering. (5 marks) (c) The insured (since deceased) had taken out four life policies with double accident benefits, premium payable halfyearly. When the third premium fell due, an agent of the insurer met the insured and

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took a bearer cheque towards the premium payable by him in respect of the policies. Although, the cheque was encashed immediately, it was not deposited with the insurer for 3 months. In the meantime, the insured met with a fatal accident and died. The widow filed a claim for payment of the sum assured. The insurer pleaded that the insurance agent had no implied authority to collect the premium. Will the widow succeed in her claim ? (5 marks) 5. (a) What are the restrictions on the acceptance of foreign contribution by organisations of political nature under the Foreign Contributions (Regulation) Act, 1976 ? (5 marks) (b) Write a note on regulatory framework for environmental protection in India. (5 marks) (c) With reference to the relevant provisions of the Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder, advise on the following: (i) ABC Ltd., a company listed on the National Stock Exchange Ltd., is interested in investing in a company in the USA. (ii) Ram, an NRI resident in Nepal, is interested to invest in shares and convertible debentures of an Indian company. (iii) A foreign investor wants to invest in an Indian company which is a small scale industrial unit. (iv) Brown, a UK citizen, is interested to make investment in the form of foreign direct investment (FDI) in retail trading business. (v) XYZ Ltd., a company listed on the Bombay Stock Exchange Ltd., wants to issue shares under the Employees Stock Option Scheme (ESOP) to the employees of its joint venture abroad. (1 mark each)
PART B
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(Answer ANY TWO questions from this part.) 6. Write notes on any four of the following : (i) Dependent under the Employees State Insurance Act, 1948. (ii) Methods of fixing and revising minimum rates of wages under the Minimum Wages Act, 1948. (iii) Object and scope of the Payment of Bonus Act, 1965. (iv) Obligations of the principal employer under the Contract Labour (Regulation and Abolition) Act, 1970. (v) Principles laid down by the Supreme Court with regard to retrenchment under the Industrial Disputes Act, 1947. (vi) Occupier under the Factories Act, 1948. (5 marks each) 7. (a) Distinguish between any two of the following :
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(i) Layoff and lockout under the Industrial Disputes Act, 1947. (ii) Arbitration and adjudication of disputes under the Industrial Disputes Act, 1947. (iii) Young person and adult under the Factories Act, 1948. (5 marks each) (b) Rewrite the following sentences after fillingup the blank spaces with appropriate word(s)/figures: (i) Minimum__________years of contributory service is required for entitlement of pension under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. (ii) It is mandatory to register an establishment under the Contract Labour (Regulation and Abolition) Act, 1970 in case it employs _______labour through a contractor. (iii) A factory is required to appoint a welfare officer where________workers are ordinarily employed. (iv) The employer of an industrial establishment having 100 or more employees is required to submit draft standing orders within__________months from the date on which the Industrial Employment (Standing Orders) Act, 1946 becomes applicable. (v) Contracting out of compensation by a workman under an agreement shall be__________. (1 mark each) (c) Choose the most appropriate answer from the given options in respect of the following. (i) The appropriate government shall revise the minimum rates of wages under the Minimum Wages Act, 1948 at least once in every (a) 2 years (b) 3 years (c) 4 years (d) 5 years. (ii) The disputes relating to benefits under the Employees State Insurance Act, 1948 are required to be filed in (a) Civil Court (b) Employees Insurance Court (c) Labour Court (d) Industrial Tribunal. (iii) An employee is entitled to receive bonus provided he has worked in an accounting year in the establishment for not less than (a) 30 working days (b) 1 year (c) 8 months (d) 4 months. (iv) An employer is not liable to pay compensation under the Workmens Compensation Act, 1923, if the injury does not result in disablement for a period exceeding (a) 1 week

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(b) 3 days (c) 1 month (d) 6 months. (v) The Employees Provident Funds and Miscellaneous Provisions Act, 1952 is applicable to commercial establishments employing (a) 10 or more employees (b) 20 or more employees (c) 50 or more employees (d) 100 or more employees. (1 mark each) 8. Attempt any five of the following stating relevant legal provisions and case law, if any: (i) Muskan Theatre is maintaining a canteen and a cycle stand through private contractors. Regional Director, ESI Corporation sent notices to the management of the theatre for contribution of the employees engaged in the canteen and cycle stand. The management contends that they are not employees but are the workmen of the contractor. Hence, the management is not liable. Will the management succeed in its contention ? (ii) Rajat, a workman in a factory, had no vision in his left eye but the defect was not visible. Later, during welding operations, accidentally, a spark hit his blind eye. He lost his eyeball and the blindness became visible. Though, there was no physical disability, he lost his employment because the defect became visible. Has the accident caused any disablement ? Is the employer liable to pay any compensation ? (iii) The workman of Bharat Chemicals went on goslow strike to compel the management to concede to their demands. The management contended that goslow is a serious misconduct and initiated disciplinary action againstthe erring workmen. Is the action of the management justified ? (iv) An employer failed to pay his contribution under the Employees State Insurance Act, 1948. After 6 years, the ESI Corporation issued a demand notice for payment of arrears of contribution. The employer contended that the arrears of contribution beyond 5 years are not recoverable. Will the employer succeed ? (v) Anil, a workman raised an industrial dispute contending that he was employed with effect from 1st April, 1986 on regular basis and his services were illegally terminated on 12th February, 1994. The employer took the stand that the workman was engaged on casual basis on daily wages for a specific period and for the specific work and that his services were not terminated on 12th February, 1994 but he had abandoned his job. The employer did not produce attendance record before the Labour Court and also failed to prove that the workman had worked for less than 240 days. The workman alleged violation of the provisions of the Industrial Disputes Act, 1947 relating to retrenchment. Will he succeed ? (vi) Ghee brought from various customers is sampled chemically, analysed and packed in tins for transportation to the head office of the company for sale in the market. Does it amount to manufacturing process under the Factories Act, 1948 ? (vii) (4 marks each)
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Economic and Labour Laws December 2009

This Paper has 61 answerable questions with 0 answered. Roll No Time allowed : 3 hours Total number of questions : 8 PART A

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(Answer Question No. 1 which is COMPULSORY and any three of the rest from this part) 1. With reference to the relevant legal enactments, write short notes on any five of the following : (i) Export Promotion Council (ii) Combinations (iii) Advance authorisation scheme (iv) Calibration (v) Environmental audit (vi) Trade effluent (vii) Commercial purpose. (3 marks each) 2. State, with reasons in brief, whether the following statements are true or false. Attempt any five: (i) A person can export or import without an importer-exporter code (IEC) number. (ii) The manufacture of a non-standard weight or measure is prohibited under the Standards of Weights and Measures Act, 1976. (iii) A reasonable opportunity of being heard must be afforded to a person before ordering confiscation of an essential commodity under the Essential Commodities Act, 1955. (iv) Trade practice includes a single or isolated action of any person in relation to any trade. (v) The Competition Act, 2002 does not prohibit dominance, but the abuse of dominant position. (vi) A trade mark may not distinguish the goods of one manufacturer or trader from similar goods of other manufacturers or traders. (3 marks each) 3. (a) Distinguish between any two of the following: (i) Certification trade marks and collective trade marks&rsqo; (ii) Duty free replenishment certificate and duty entitlement passbook scheme. (iii) Provisional specification and complete specification under the Patents Act,1970. (5 marks each) (b) Rewrite the following sentences after fillingin the blank spaces with appropriate word(s)/figure(s) : (i) The Consumer Disputes Redressal Forum shall not admit a complaint unless it is filed within
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_____________ years from the date on which the cause of action has arisen. (ii) Indian parties are prohibited from making investment in a foreign entity engaged in _____________. (iii) The company which has exported goods is required to realise the full value of goods within _____________ days. (iv) For settingup an EOU, three copies of the application in the prescribed form may be submitted to the _____________. (v) The State Commission under the Consumer Protection Act, 1986 can entertain complaints where the value of the goods or services and the compensation, if any, claimed exceeds Rs.__________, but does not exceed Rs. _________. (1 mark each) 4. (a) With reference to the relevant provisions of the Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder, advise on the following: (i) Naresh, an Indian citizen, is interested in sending Rs.10,000 to his sister residing in USA as birthday gift. (ii) A person resident outside India desires to contribute Rs.10 lakh as capital in a firm engaged in software business in India. (iii) An Indian company intends to open a foreign currency account in India as well as outside India. (iv) A company incorporated in USA desires to establish its manufacturing unit in special economic zone in India. (v) Dinesh, an Indian citizen, wants to use his international debit card for withdrawal of cash during his visit abroad. (1 mark each) (b) Enumerate the heads under which compensation for damagees may be claimed from the National Environment Tribunal constituted under the National Environment Tribunal Act, 1995. (5 marks) (c) Do the following acts constitute infringement of copyright under the Copyright Act, 1957 : (i) Making or publishing of a painting, drawing, engraving or photograph of a work of architecture. (ii) Reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film. (iii) Reconstruction of a building or structure in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed. (iv) Making of any sound recording or visual recording for the private use of the person making such recording, or solely for the purposes of bona fide teaching or research. (v) Making translation of a literary work. (1 mark each) 5. (a) Raman purchased a car by taking a loan from a bank and gave post-dated cheques to the bank not
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only in respect of repayment of loan installments but also towards premium of insurance policy for succeeding 3 years. On the expiry of the policy in the first year, the bank failed to get the policy renewed for the second year. In the meantime, the car met with an accident. Raman brought an action against the bank for deficiency in service under the Consumer Protection Act, 1986. Will he succeed ? (5 marks) (b) What is the objective of know your customer (KYC) guidelines ? When do the KYC guidelines apply ? (5 marks) (c) Mention the provisions of the Essential Commodities Act, 1955 regarding confiscation of essential commodities seized in contravention of section 3 of the Act. (5 marks)
PART B
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(Answer ANY TWO questions from this part.) 6. Write notes on any four of the following : (i) Concept of continuous service for the payment of gratuity under the Payment of Gratuity Act, 1972. (ii) Manner of fixation and revision of minimum wages under the Minimum Wages Act, 1948. (iii) Authorities for the investigation and settlement of industrial disputes under the Industrial Disputes Act, 1947. (iv) Hazardous process under the Factories Act, 1948. (v) Benefits to which insured persons are entitled under the Employees State Insurance Act, 1948. (vi) Payment of subsistence allowance under the Industrial Employment (Standing Orders) Act, 1946. (5 marks each) 7. (a) Distinguish between any two of the following : (i) Partial forfeiture of gratuity and total forfeiture of gratuity under the Payment of Gratuity Act, 1972. (ii) Model standing orders and certified standing orders under the Industrial Employment (Standing Orders) Act, 1946. (iii) Arising out of employment and arising in the course of employment under the Workmens Compensation Act, 1923. (5 marks each) (b) Rewrite the following sentences after fillingin the blank spaces with appropriate word(s)/figure(s) : (i) Bonus must be paid to employees within a period of ___________ months from the close of the accounting year. (ii) ___________ means termination of the services of a workman by the employer for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action.
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(iii) A minimum of ___________ contributory service is required for entitlement to pension under the Employees Provident Funds and Miscellaneous Provisions Act, 1952. (iv) The employer is not liable for compensation when injury to the workman does not result in disablement for a period exceeding ___________ days. (v) The employer is required to send a report to the Commissioner for workmens compensation within ___________ days of the death or serious injury of the workman. (1 mark each) (c) Choose the most appropriate answer from the given options in respect of the following : (i) The occupier of a factory is required to appoint a Welfare Officer where (a) 250 workers are employed (b) 100 workers are employed (c) 200 workers are employed (d) 500 or more workers are employed. (ii) Out of the following which is not a manufacturing process (a) Finished goods and packing thereof (b) The making of bidis (c) Stitching old gunny bags and making them fit for use (d) Pumping of water from a tubewell. (iii) From the date on which the Industrial Employment (Standing Orders) Act, 1946 becomes applicable to an industrial establishment, an employer is required to submit to the Certifying Officer the draft standing orders (a) Within 3 months (b) Within 6 months (c) Within a month (d) Immediately on receipt. (iv) The Contract Labour (Regulation and Abolition) Act, 1970 applies to every establishment wherein workmen employed on any day of the preceding 12 months are (a) 100 or more (b) 50 or more (c) 20 or more (d) 200 or more. (v) The maximum amount of gratuity payable under the Payment of Gratuity Act, 1972 is (a) Rs.5,00,000 (b) Rs.3,50,000 (c) Rs.2,50,000 (d) Rs.2,00,000. (1 mark each) 8. Attempt any five of the following stating relevant legal provisions and case law, if any: (i) Mohan was in occupation of a residential quarters allotted to him by his employer. On his retirement

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on superannuation, he failed to vacate the quarters. His employer withheld the gratuity payable to him insisting that he should vacate the quarters first. Mohan approached the controlling authority claiming gratuity. Will he succeed ? (ii) Raju has been employed by Fancy Bazar as a part-time sweeper to clean the floors twice during the day. The provident fund inspector visited the establishment and raised objections for non-inclusion of his name in the muster roll and not paying provident fund contributions. Is the view held by the inspector valid ? (iii) Designers Ltd. is engaged in fabrication work of window grills with the aid of power and has employed 19 workers. Recently, it appointed 2 gardeners for gardening in its factory premises. Is the company liable to extend the benefits to the gardeners as applicable to other factory workers ? (iv) The workmen went on sympathetic strike by absenting themselves from work in support of the workmen belonging to some other employer. The management intends to take disciplinary action against those workmen. Is the intention of the management justified and legal ? (v) Efficiency Ltd. is in the process of reorganising its business. It is likely to result in some labour being rendered surplus. It has proposed retrenchment of economic dead weight. Can the company do so? (vi) Jugal, a railways employee was ordered to travel to certain station and repair a pipeline there. After finishing the work, Jugal was hurrying across the platform when he slipped and fell and died as a result of the fall. Is the employer liable to pay compensation under the Workmens Compensation Act, 1923 ? (vii) An employee was dismissed from service for an act of misconduct. The company did not pay any bonus to the dismissed employee for the accounting year in which the dismissal took place. Is the action of the company justified? (4 marks each)
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Economic and Labour Laws June 2010

This Paper has 52 answerable questions with 0 answered. Roll No Time allowed : 3 hours Total number of questions : 8 PART A

Maximum mark Total number of printed pa

(Answer Question No. 1 which is COMPULSORY and any three of the rest from this part) 1. With reference to the relevant legal enactments, write short notes on any five of the following : (i) Privileges to a star export house (ii) Competition advocacy (iii) Term of patents (iv) The concept of sustainable development (v) Mens rea under the Essential Commodities Act, 1955 (vi) International copyright. (3 marks each) 2. State, with reasons in brief, whether the following statements are correct or incorrect. Attempt any five : (i) The Consumer Protection Act, 1986 only reinforces the doctrine of caveat emptor. (ii) In all legal proceedings relating to trade mark registered under the Trade Marks Act, 1999, the original registration and all subsequent assignments and transmissions thereof shall be prima facie evidence of its validity. (iii) Cartel includes an association of producers, sellers or distributors who, by agreement among themselves, limit, control or attempt to control the production, distribution, sale or price of or trade in goods or provision of services. (iv) Trade practice includes a single or isolated action of any person in relation to any trade. (v) While calculating the value of plant and machinery for the purposes of small scale/ancillary industrial undertaking, the following shall be included (a) the cost of installation of plant and machinery; (b) the cost of research and development equipment and pollution control equipments; (c) the cost of fire fighting equipments; and (d) the charges paid for technical know-how for erection of plant and machinery. (vi) Special Economic Zone (SEZ) is deemed to be a foreign territory for the purposes of trade operations, duties and tariffs. (3 marks each) 3. (a) Distinguish between any two of the following :
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(i) Intellectual property and industrial property. (ii) Contract of service and contract for service. (iii) Patent and patent of addition. (5 marks each) (b) Re-write the following sentences after filling-in the blank spaces with appropriate word(s)/figure(s) : (i) Foreign contribution means donation, delivery or transfer made by any foreign source of any article, if themarket value in India, of such article, on the date of such gift, delivery or transfer, exceeds Rs._____________. (ii) Environmental clearance is not required from the Central Government, if investment is less than _____________ for any item reserved for the small scale sector. (iii) The amount representing the full export value of goods or software exported is required to be realised and repatriated to India within _____________ month(s) from the date of export. (iv) The term of every patent granted after the commencement of the Patents (Amendment) Act, 2002 shall be _____________ year(s) from the date of filing of application for the patent. (v) Literary, dramatic, musical or artistic works enjoy copyright protection for the life time of the author plus _____________ year(s) beyond the death of the author. (1 mark each) 4. (a) With reference to the relevant provisions of the Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder, advise on the following: (i) An Indian company engaged in financial sector is interested in making investment in banking business abroad. (ii) An Indian resident wants to purchase foreign securities by making remittances from his resident foreign currency (RFC) account. (iii) A Bangladeshi millionaire is interested to invest in India subject to FDI policy of the Government of India. (iv) An Indian public limited company wants to issue bonus shares to an existing non-resident shareholder. (v) An Indian citizen resident outside India is interested in acquiring a house in Chennai and a farm house on the outskirts of Delhi. (1 mark each) (b) Critically examine the application of the rule of strict liability while fixing the liability for environmental pollution. (5 marks) (c) Jolly Ltd. maintained a guest house for the use of its managing director and other executives. It entered into an agreement with a firm for the installation of central air-conditioning system. The system installed did not function, developed snags and there was leakage of water from ducting system. The company filed a complaint claiming compensation for deficiency in service under the Consumer Protection Act, 1986. Will it succeed ? Give reasons with reference to case law, if any.

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(5 marks) 5. (a) Mention five important grounds for opposition to the grant of patents. (5 marks) (b) Critically examine how environmental pollution violates human rights. (5 marks) (c) Evaluate the efficacy of the Essential Commodities Act, 1955 in controlling the production, supply and distribution of essential commodities in the country. (5 marks)
PART B
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(Answer ANY TWO questions from this part.) 6. Write notes on any four of the following : (i) Principles governing domestic enquiry. (ii) Purposes for which ESI fund may be expended under the Employees State Insurance Act, 1948. (iii) Procedure to be followed for the certification of standing orders under the Industrial Employment (Standing Orders) Act, 1946. (iv) Excluded employee under the Employees Provident Fund Scheme, 1952. (v) Prohibition of employment of contract labour under the Contract Labour (Regulation and Abolition) Act, 1970. (vi) Theory of notional extension of employment under the Workmens Compensation Act, 1923. (5 marks each) 7. (a) Distinguish between any two of the following : (i) Legal strike and justified strike. (ii) Principal employer and immediate employer under the Employees State Insurance Act, 1948. (iii) Premises and precincts under the Factories Act, 1948. (5 marks each) (b) Re-write the following sentences after filling-in the blank spaces with appropriate word(s)/figure(s) : (i) The membership of provident fund scheme is compulsory for employees drawing a pay not exceeding Rs.__________ per month. (ii) __________ means termination of the service of an employee otherwise than on superannuation. (iii) Wages are to be paid within __________ working days from the date of termination of the employee whatever be the reason of termination. (iv) Superannuation in relation to an employee, who is a member of the pension scheme, means the attainment of the age of __________ years. (v) Under the Workmens Compensation Act, 1923, the employer shall not be liable when the injury does not result in disablement for a period exceeding _______ days.
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(1 mark each) (c) Choose the most appropriate answer from the given options in respect of the following : (i) An application for the recovery of bonus from an employer shall be made within (a) Six months from the date on which the money became due (b) One year from the date on which the money became due (c) 60 Days from the date on which the money became due (d) 90 Days from the date on which the money became due. (ii) The occupier of a factory is required to send a written notice to the Chief Inspector of Factories at least (a) 7 Days before he begins to occupy or use the premises as a factory (b) 15 Days before he begins to occupy or use the premises as a factory (c) 21 Days before he begins to occupy or use the premises as a factory (d) 10 Days before he begins to occupy or use the premises as a factory. (iii) The State Government may make rules regarding the provisions and maintenance of a canteen for the use of workers wherein more than (a) 250 Workers are ordinarily employed (b) 500 Workers are ordinarily employed (c) 300 Workers are ordinarily employed (d) 100 Workers are ordinarily employed. (iv) The minimum amount of compensation in case of permanent total disablement is (a) Rs.1,00,000 (b) Rs.90,000 (c) Rs.80,000 (d) Rs.70,000. (v) The Contract Labour (Regulation and Abolition) Act, 1970 applies to every establishment or contractor wherein workmen employed on any day of the preceding 12 months shall be (a) 100 Workmen or more (b) 20 Workmen or more (c) 50 Workmen or more (d) 10 Workmen or more. (1 mark each) 8. Attempt any five of the following stating relevant legal provisions and decided case law, if any :
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(i) A driver of bus belonging to the employer was involved in an accident which resulted in the impairment of free movement of his left hand disabling him from driving vehicles. He was, however, capable of performing other work. He claimed compensation contending that the said accident had resulted in permanent disablement of driving vehicles. Will he succeed ? (ii) The workers were engaged by beedi manufacturer for rolling beedies at home subject to the rejection of defective beedies by manufacturer. The workers claimed that they should be treated as workers under the provisions of the Factories Act, 1948. Will they succeed ? (iii) An out-worker prepared goods at his residence and later on supplied these goods to the employer. Will he be treated as an employee under the Minimum Wages Act, 1948 ? (iv) Mauji Ram was absent from duty without leave. The employer took the plea that it had resulted in the breach of continuous service for the purposes of gratuity under the Payment of Gratuity Act, 1972. Is the plea of the employer legal and enforceable ? (v) A company was running into losses and was unable to pay the minimum rates of wages to its workers. The workers pleaded that the employer must pay them the minimum rates of wages. The employer (company) intends to go to the court challenging the constitutional validity of the Minimum Wages Act, 1948. Will the company succeed ? (vi) An employee was on his way to the factory. He met with an accident one kilometre away from the place of his employment. He pleaded that the injury was caused by accident arising out of and in the course of employment and claimed employment injury benefits under the Employees State Insurance Act, 1948. Will the employee succeed ? (vii) Some contract labour was engaged by an organisation. There was subsequently prohibition of employment of contract labour in that category as a consequence of the notification issued by the Central Government. The employer did not absorb the contract labour and employ them on regular basis. The workmen challenged the action of the organisation. Will they succeed ? (4 marks each)

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