Advertisements
Advertisements
प्रश्न
This question consists of principle and fact. The principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering the question, you must not rely on any principle except the principle that is given herein below for the question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in study of law, research aptitude, and problem-solving ability.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: According to Sec. 2 of the Industrial Disputes Act, 1947, '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'.
Facts: The employees of DK Enterprises met the management and requested half a day leave to allow them to celebrate a lunar eclipse, which was going to happen two days later. The management refused the request. Does this situation amount to an 'industrial dispute'?
विकल्प
As the difference of opinion between the employees and employer is on the declaration of holiday it amounts to an issue connected with the employment or with the terms of employment and hence, an industrial dispute.
No, as Lunar eclipse is unconnected with employment.
Yes, because there is some difference of opinion it would be an industrial dispute.
No as declaring holidays is a prerogative of the employer. So no industrial dispute.
Advertisements
उत्तर
As the difference of opinion between the employees and employer is on the declaration of holiday it amounts to an issue connected with the employment or with the terms of employment and hence, an industrial dispute.
Explanation:
As the difference of opinion between the employees and employer is on the declaration of holidays it amounts to an issue connected with the employment or with the terms of employment and hence, an industrial dispute. According to the principle given stating Section 2 of the Industrial Disputes Act 1947, if the nature of a dispute which arises between employers and employers or employers and workmen and workmen or between workmen and employers is related to employment or non-employments or terms of employment or labour conditions of any person will be considered as an Industrial Dispute. According to the facts given, the dispute between the employees and employer was related to the declaration of a holiday which is an issue related to the employment of employees or terms of employment and thus that is the nature of the dispute. (M.M. Wadia Charitable Hospital vs Dr. Umakant Ramchandra Warerkar 1997 (75) FLR 814, (1997) IILLJ 549 Bom)
APPEARS IN
संबंधित प्रश्न
Which of the following is true about the protection of databases under EU law:
As per the Payment of Wages Act, the factories employing less than 1000 employees must pay the wages on or before ___________ day of following wage period
India and Britain have signed an ‘Extradition treaty’. Extradition means
Genocide occurred in all but one case
Which Inn of Court called Gandhiji to the Bar?
During a trial, an attorney is planning to call to the stand to testify six different witnesses- T, V, W, X, Y, and Z. She will call each witness exactly one time, and the other in which she calls them is subject to the following conditions
(i) The fourth witness must be T.
(ii) W and Y must both be called before V.
(iii) X must be called before W.
Which of the following must be true about the order in which the attorney calls the witnesses?
During a trial, an attorney is planning to call to the stand to testify six different witnesses- T, V, W, X, Y, and Z. She will call each witness exactly one time, and the other in which she calls them is subject to the following conditions
(i) The fourth witness must be T.
(ii) W and Y must both be called before V.
(iii) X must be called before W.
If the attorney calls Z last, which witness must be called fifth?
The following question consists of two statements, one labelled as 'Assertion' and the other as 'Reason'. Read both the statements carefully and answer using the codes given below.
Assertion (A): A files a false and frivolous civil suit against B and B wins the case, he cannot file another civil suit for damages and costs.
Reason (R): In a civil suit, damage of reputation is absent because the action is tried in public and if a person wins his case then his reputation will be re-established.
Recently, Ram Janmabhoomi and Babri Masjid land dispute is referred to mediation by a panel. Which of the following is the correct constitution of the panel?
Delhi High Court has allowed the transgenders to register complaints of sexual harassment under which provision of Indian Penal Code?
