MS - 28 Labour Laws

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ASSIGNMENT

Course Code                                                                      :                               MS - 28
Course Title                                                                       :                               Labour Laws
Assignment Code                                                            :                               MS-28/TMA/SEM - II/2015
Coverage                                                                             :                               All Blocks

Note : Attempt all the questions and submit this assignment on or before 31st October, 2015 to the coordinator of your study centre.

Q. 1. What are the sources of Industrial jurisprudence? Explain the genesis, objectives and classification of labour legislation in India.

Answer:Industrial legislation finds its origin from the industrial jurisprudence, which is a development of the 20th century world. In India, industrial jurisprudence prevailed before the Independence, but it was in the rudimentary form. Industrial revolution was the emanating factor behind the growth of the industrial jurisprudence. Industrial revolution brought with it the most inhumane aspect of the human life. It saw the exploitation of a man by a man. The maximization of profit, even at the cost of the life of the labourers, was paramount goal of the employer. ‘Freedom of contract’ was the evident result of the laissez faire. The employer was free to fire the employee, at his arbitrariness. Thus the employees were always at the



Q. 2. Discuss the scope and coverage of the Mines Act, 1952. Explain the process of enforcement of the Act.

Answer:The Mines Act, 1952 contains provisions for measures relating to the health, safety and welfare of workers in the coal, metalliferous and oil mines. According to the Act,the term ‘mine’ means “any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on and includes all




Q. 3. Discuss the object, scope and coverage of the Industrial Employment (standing orders) Act, 1946. Explain the concept, nature and certification process of standing orders.

Answer:It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months :

Provided that the appropriate Government may, after giving not less than two month’s notice of its intention so to do, by notification in the official Gazette, apply the provision of this Act to any industrial establishment employing such number




Q. 4. Explain the objectives, scope and coverage of the minimum wages Act, 1948. Discuss the powers which the Government can exercise under the Minimum Wages Act.

Answer:The Minimum Wages Act 1948 is an Act of Parliament concerning Indian labour law that sets the minimum wages that must be paid to skilled and unskilled labours. The Indian Constitution has defined a 'living wage' that is the level of income for a worker which will ensure a basic standard of living including good health, dignity, comfort, education and provide for any contingency. However, to keep in mind an industry's capacity to pay the constitution has defined a 'fair wage'. Fair wage is that level of wage that not just maintains a level of



Q. 5. Discuss the genesis and applicability of the Employees’ State Insurance Act, 1948. Explain the procedure for registration of a factory or an establishment under the Act. State the various benefits payable under the Act?

Answer:Employees' State Insurance is a self-financing social security and health insurance scheme for Indian workers. For all employees earning 15000 (US$230) or less per month as wages, the employer contributes 4.75 percent and employee contributes 1.75 percent, total share 6.5 percent. This fund is managed by the ESI Corporation (ESIC


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Send your semester & Specialization name to our mail id :
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