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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'?
पर्याय
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.
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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)
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संबंधित प्रश्न
Which is the world's first country to enact a law under which companies and government agencies that employ at least 25 people will be fined if they can't prove they pay men and women equally?
This question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given. Choose the correct decision
Principles:
(1) On the death of husband, the widow shall inherit the property of her deceased husband along with children equally.
(2) A widow can not claim the property of the deceased if on the date when the question of succession opens, she has remarried.
(3) A female acquiring property in any way has the absolute title to the property. Apply the above three principles and decide the case of the following fact situation:
Facts: When Sudhir died, he had 1/3rd share of the family property, which the three brothers Rudhir, Sudhir, and Yasu inherited from their father, B. Sudhir died on September 23' 2006 without having any issue. The widow of Sudhir, Ms. Win remarried on January 1, 2007. Rudhir and Yasu refused 'Win' the share from Sudhir's portion when Win claimed the entire property belonging to Sudhir on January 30, 2007. Select your decision from the possible decisions given in list 1 and the appropriate reason from the indicated reasons given in list H given below:
List I - Decisions
(a) The win cannot inherit the property of Sudhir
(b) The win can inherit the property of Sudhir
List II - Reasons
(i) The win does not belong to the family
(ii) Win was remarried
(iii) Her claim was on the date of Sudhir's death
(iv) Her claim was submitted after she was remarried
Your decision and reason
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Which Inn of Court called Gandhiji to the Bar?
Which of the following is not the function of the International Court of Justice? It
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Principle: In the case where the government is a party, the government shall be the first owner of the copyright in the work unless there is an agreement to the contrary.
Facts: The Government of the State of X entered into an agreement with a retired professor of Botany. The professor agreed to write a textbook on Botany. The government agreed to pay a sum of ₹ 10,00,000 to the professor for this work.
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Principle: Every agreement in restraint of the marriage of any person, other than a minor, is void.
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(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 could be true about the order in which the witnesses are called?
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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.
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DECISION:
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