1.
Employer rejecting leave and treating absence as illegal strike
Answer:
A strike under Section 2(q) of the Industrial Disputes Act, 1947 implies a
concerted stoppage of work. If the workmen applied for leave and the
employer rejected it, the subsequent mass absence may be deemed
misconduct but not necessarily an "illegal strike" unless it satisfies the
definition and procedural conditions under Sections 22 and 23. Courts have
held that mere refusal to grant leave followed by absence does not per se
amount to an illegal strike.
➡ Conclusion: The employer cannot treat it as an illegal strike unless
there is evidence of concerted refusal to work as a means of coercion or
protest.
2. Denial of Trade Union Membership for not contributing to Political
Fund
Answer:
Under Section 16 of the Trade Unions Act, 1926, contribution to the political
fund is voluntary, and no person shall be compelled to contribute.
Further, refusal to contribute cannot disqualify any member from union
benefits or membership.
➡ Conclusion: 'A' can successfully challenge the denial, and the Trade
Union's action is illegal.
3. Explosion caused by strangers injuring a workman
Answer:
Under the Employees’ Compensation Act, 1923, an employer is liable if
personal injury is caused by accident arising out of and in the course of
employment. The test is whether the injury is connected to employment.
➡ Conclusion: Since the injury occurred at workplace during working
hours, the employer is liable to compensate the workman, even though the
bomb was planted by strangers.
4. Is a mason supervising 100 workers a ‘workman’?
Answer:
Section 2(s) of the Industrial Disputes Act, 1947 defines "workman"
and excludes those in supervisory capacity drawing more than
₹1600 (now updated by notification). Since he earns ₹2500 and
performs supervisory and managerial functions like assigning overtime,
he does not fall under the definition of a "workman."
➡ Conclusion: He is not a ‘workman’ under the Act.
5. Lay-off compensation due to strike in another part of the
establishment
Answer:
Under Section 2(kkk) and 25C of the Industrial Disputes Act, lay-off means
the inability to provide employment due to reasons like shortage of coal,
breakdown of machinery, etc., and not due to strike. If
management voluntarily refuses work, it may be considered a lockout or
unjustified lay-off.
➡ Conclusion: The workmen are entitled to lay-off compensation, as
they are not at fault and are willing to work.
6. Strike during conciliation proceedings in public utility service
Answer:
Under Section 22(1)(d) of the Industrial Disputes Act, in public utility
services, no strike is permitted during the pendency of conciliation
proceedings and 7 days after conclusion. Even if provoked by employer,
the strike becomes illegal under Section 24.
➡ Conclusion: The strike is illegal, regardless of provocation.
7. Driver attempts to hit rabbit and dies – Compensation claim
Answer:
The act of trying to hit a rabbit is a personal act unrelated to
employment. For compensation under the Employees’ Compensation Act,
the death must arise out of and in the course of employment. His act
was a deviation from duty.
➡ Conclusion: Employer is not liable as the accident did not arise in the
course of employment.
8. Dismissal and Industrial Dispute – Is it a valid Industrial Dispute?
Answer:
Yes. Section 2A of the Industrial Disputes Act recognizes individual
dispute relating to dismissal, discharge, retrenchment, etc., as
an industrial dispute even without union support.
➡ Conclusion: The dismissed workman can raise a valid industrial
dispute.
10. Driver terminated due to eyesight issue – Can he claim
retrenchment compensation?
Answer:
"Retrenchment" under Section 2(oo) does not include termination due to
ill-health or incapacity. Since the termination is on medical grounds, it
is not retrenchment, hence no compensation is payable.
➡ Conclusion: He is not entitled to retrenchment compensation.
11. Compensation paid directly to widow – Validity?
Answer:
As per Section 8 of the Employees’ Compensation Act,
1923, compensation in case of death must be deposited with the
Commissioner, not paid directly, except when amount is less than Rs.
10,000 (as per old limits, now revised). Rs. 1 lakh must be deposited for
proper distribution.
➡ Conclusion: Direct payment is not valid. It must be deposited with the
Commissioner.
12. Women workers assigned night shifts in factory
Answer:
As per Section 66(1)(b) of the Factories Act, 1948, women cannot be
employed between 7 p.m. and 6 a.m. unless state rules provide
relaxation with safety measures (post amendments in some states).
➡ Conclusion: Night shifts for women are not justifiable unless state
law permits with safeguards.