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
The Berne Convention Moral Rights:
Which of these works does the right of attribution apply to:
The minimum wages in ___________ are the highest in the northern region.
In August 2017, the Union Ministry of Law & Justice in association with the National Legal Service Authority (NALSA) launched 'Tele-Law' scheme in __________ to provide legal aid services to marginalised communities and citizens living in rural areas through digital technology.
An idol of Lord Krishna in a temple is
A Hindu wife can marry immediately after divorce. A Muslim wife
Who is the Chairperson of the 20th Law Commission of India?
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?
LEGAL PRINCIPLES:
1. Bigamy is not permitted under Hindu law.
2. A Hindu of sound mind can adopt a child of the gender they don’t already have a child of.
3. Only the child’s father, mother, or guardian has the capacity to give the child up in adoption, under Hindu law.
FACTUAL SITUATION: Ramesh comes from a family where from the past two generations; all male members have had two wives. He also wants to continue this tradition and thus he married Suman first and then Tania. Ramesh has a son, Gunjan with Suman. However, with Tania, he is childless. He thus wishes to adopt some children. Rajat is the child of Ramesh’s brother. However, Rajat’s parents decide to go off to Dubai for 5 years and they leave their son under the care of Ramesh’s sister. Ramesh and Tania ask for Rajat in adoption from his sister who agrees and Rajat is adopted. Later, Ramesh and Suman want to adopt a daughter as well and they do adopt a girl - Sara -from an orphanage. However, at the time of signing the adoption deed, Ramesh was dead drunk. Ramesh and his entire family member are Buddhists. Keeping in mind the given principles and facts, solve the questions Is Rajat’s adoption a valid adoption?
DECISION:
Maternity Benefits (Amendment) Bill, 2016 provides _______ weeks of fully paid maternity leave to women who work in the organised sector.
