Labour Law - LLB - IV Semester

ProLegal Minds & Co
LAW FIRM FOR NATURAL JUSTICE
OSMANIA UNIVERSITY
LL.B 3YDC - IV SEMESTER
LABOUR
www.prolegalminds.com
LAW-II
-Payment of Wages Act 1936
-Minimum Wages Act 1948
-Payment of Bonus Act 1965
-The Employee’s Compensation Act 1923
-Employees State Insurance Act 1948
-Employees Provident Fund and Miscellaneous Provisions Act 1952
-The Maternity Benefit Act 1961
-The Payment of Gratuity Act 1972
-The Factories Act 1948
-Child Labour (Prohibition and Regulation) Act 1986
-The Equal Remuneration Act, 1976
This guide is highly beneficial for law students preparing to write the LL.B 3YDC
exams at Osmania University. It comprehensively covers all five subjects, with
content for each subject meticulously curated from previous years' questions. The
material is divided into three parts: Part A consists of short questions worth 6
marks each, Part B comprises long answers worth 15 marks each, and Part C
focuses on case laws. Additionally, the guide includes a compilation of top
landmark cases for quick reference.
@prolegalminds 2024
LL.B. IV SEMESTER
PAPER-I:
LABOUR LAW-II
Syllabus
Unit-I:
The Remunerative Aspects – Wages – Concepts of wages - Minimum, Fair, Living Wages - Wage
and Industrial Policies - Whitley Commission Recommendations - Provisions of Payment of Wages
Act 1936 – Timely payment of wages - Authorized deductions – Claims - Minimum Wages Act 1948
- Definitions - Types of wages - Minimum rates of wages - Procedure for fixing and revising
Minimum Wages – Claims -Remedy.
Unit-II:
Bonus – concept - Right to claim Bonus – Full Bench formula - Bonus Commission - Payment of
Bonus Act 1965 - Application – Computation of gross profit, available, allocable surplus - Eligibility
of Bonus - Disqualification of Bonus - set on – set off of allocable surplus- Minimum and Maximum
Bonus-Recovery of Bonus.
Unit-III:
Employees Security and Welfare aspect - Social Security - Concept and meaning -Social Insurance
- Social Assistance Schemes. Social Security Legislations - Law relating to workmen’s
compensation – The Employee’s Compensation Act 1923 – Definitions -Employer’s liability for
compensation - Nexus between injury and employment - payment of compensation - penalty for
default - Employees State Insurance Act 1948 –Application - Benefits under the Act - Adjudication
of disputes and claims – ESI Corporation.
Unit-IV:
Employees Provident Fund and Miscellaneous Provisions Act 1952 –
Contributions -Schemes under the Act - Benefits. The Maternity Benefit Act 1961
- Definitions-Application - Benefits. The Payment of Gratuity Act
1972 – Definitions – application - Payment of gratuity - eligibility – forfeiture –
Nomination – Controlling authorities.
Unit-V:
The Factories Act 1948 - Chapters dealing with Health, Safety and Welfare of Labour. Child Labour
- Rights of child and the Indian Constitution - Salient features of the Child Labour (Prohibition and
Regulation) Act 1986 – The Equal Remuneration Act, 1976.
ProLegal Minds & Co

Complied By
LL.B. IV SEMESTER
PAPER-I:
LABOUR LAW-II
Content
IMPORTANT ACTS
PART A - SHORT ANSWERS - 6 MARKS
PART B - LONG ANSWERS - 15 MARKS
PART C - CASE LAWS - 10 MARKS
LAND MARK CASES
SUGGESTED READINGS
1. S.N.Misra, Labour and Industrial Laws, Central law publication

2. V.G. Goswami, Labour and Industrial Laws, Central Law Agency.
3. Khan & Kahan, Labour Law-Asia Law house, Hyderabad
4. K.D. Srivastava, Payment of Bonus Act, Eastern Book Company
5. K.D. Srivastava, Payment of Wages Act
6. K.D. Srivastava, Industrial Employment (Standing Orders) Act 1947
7. S.C.Srivastava, Treatise on Social Security
8. Sukumar Singh, Labour Economics, Deep& Deep, New Delhi
9. V.J.Rao, Factories Law
Disclaimer : This guide is meticulously curated using a variety of reference books, with AI
utilized to assist in selecting the most suitable answers for each question and case law.
Extensive research has been undertaken to compile the content, aiming to streamline
students' study processes, save time on research, and empower them to focus on achieving
distinctions in their exams. Our objective is to offer the most reliable content to law students,
enhancing their competency and knowledge. The guide has been reviewed by our expert legal
panel to ensure error-free content; however, there may still be occasional errors that elude
human detection. If you come across any material errors in the content, please do not
hesitate to reach out to us.
Complied By
ProLegal Minds & Co

LL.B. IV SEMESTER PAPER I 7 LABOUR LAW-II
Important Acts
Labor laws in India are governed by a plethora of legislation, covering various aspects of employment,
industrial relations, wages, social security, and working conditions. Here is a list of some of the key acts
relevant to the subject of labor law in LLB, including the latest acts in India:
1. The Factories Act, 1948: This act regulates the working conditions in factories, including provisions
related to health, safety, welfare, working hours, and employment of young persons and women.
2. The Employees' Provident Funds and Miscellaneous Provisions Act, 1952: It establishes a provident
fund for the benefit of employees in factories and other establishments, providing for their retirement,
survivorship, and other benefits.
3. The Employees' State Insurance Act, 1948: This act provides for the establishment of a comprehensive
social security scheme for employees in certain specified categories, including medical benefits, sickness
benefits, and maternity benefits.
4. The Payment of Wages Act, 1936: It regulates the payment of wages to workers, including provisions
related to the time and mode of payment, deductions, and penalties for non-payment or delayed payment
of wages.
5. The Minimum Wages Act, 1948: This act sets the minimum rates of wages that must be paid to workers
in various industries and sectors, ensuring fair remuneration for their labor.
6. The Payment of Bonus Act, 1965: It mandates the payment of bonus to employees in certain
establishments based on profits earned, providing for calculation methods, eligibility criteria, and other
related provisions.
7. The Industrial Disputes Act, 1947: This act governs the resolution of industrial disputes between
employers and employees, including provisions related to strikes, lockouts, layoffs, retrenchment, and
dispute resolution mechanisms.
8. The Trade Unions Act, 1926: It regulates the formation, registration, and functioning of trade unions,
protecting the rights of workers to organize and collectively bargain with employers.
9. The Maternity Benefit Act, 1961: This act provides for maternity benefits to women employees, including
maternity leave, medical benefits, and other related provisions for the protection of their health and
interests during pregnancy and childbirth.
10. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: It
aims to prevent and address sexual harassment of women at the workplace, mandating the establishment
of internal complaints committees and providing for redressal mechanisms.
11. The Code on Wages, 2019: This comprehensive legislation subsumes and replaces four existing labor
laws related to wages, namely the Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, and
Equal Remuneration Act, streamlining and simplifying wage-related regulations.
12. The Occupational Safety, Health, and Working Conditions Code, 2020: This code amalgamates and
rationalizes 13 central labor laws related to occupational safety, health, and working conditions, aiming to
enhance the welfare and protection of workers across various sectors.
13. The Industrial Relations Code, 2020: This code consolidates and amends the laws relating to trade
unions, conditions of employment, and resolution of industrial disputes, providing for easier formation and
registration of trade unions, rationalization of provisions related to strikes, lockouts, and grievance
redressal mechanisms.
These acts form the backbone of labor laws in India, providing a comprehensive framework for the
regulation and protection of the rights and interests of workers in the country. It is essential for LLB
students to have a thorough understanding of these acts and their provisions to navigate the complex
landscape of labor law jurisprudence effectively.
Top Tips For Lawyers
Becoming a top lawyer requires a blend of skills, strategies, and qualities that set you apart in the legal
profession. Here are seven key tips to help you achieve success:
1. Continuous Learning and Specialization:

- Stay updated with the latest legal developments, case laws, and industry trends relevant to your
practice area.
- Consider specializing in a niche field of law where you can develop expertise and establish yourself as an
authority.
2. Build Strong Communication Skills:

- Hone your oral and written communication skills to effectively convey complex legal concepts to clients,
colleagues, and judges.
- Develop strong interpersonal skills to build rapport with clients, foster trust, and negotiate effectively
on their behalf.
3. Networking and Relationship Building:

- Cultivate professional relationships with fellow lawyers, judges, and industry professionals through
networking events, seminars, and bar association activities.
- Leverage your network to gain referrals, mentorship, and career opportunities.
4. Effective Time Management:

- Prioritize tasks, set deadlines, and allocate time efficiently to manage multiple cases and
responsibilities.
- Utilize technology tools and legal software to streamline workflows, track billable hours, and enhance
productivity.
5. Client Focus and Service Excellence:

- Understand your clients' needs, goals, and expectations, and tailor your legal strategies to achieve their
objectives.
- Communicate regularly with clients, provide updates on case progress, and address their concerns
promptly to ensure satisfaction and trust.
6. Embrace Technology and Innovation:

- Stay abreast of technological advancements in the legal industry and leverage tools such as legal
research databases, document management systems, and virtual meeting platforms.
- Embrace innovation to optimize efficiency, improve client service delivery, and stay ahead of the curve in
a rapidly evolving legal landscape.
7. Maintain Ethical Standards and Integrity:

- Uphold the highest ethical standards in your practice, adhere to professional codes of conduct, and
prioritize integrity in all your interactions.
- Act in the best interests of your clients, uphold the rule of law, and demonstrate honesty, transparency,
and fairness in your legal practice.
By following these tips and continuously striving for excellence, you can position yourself as a top lawyer in
your chosen field, earning the respect and trust of clients, peers, and the legal community.
LL.B. IV SEMESTER
PAPER-I:
LABOUR LAW-II
PART A- QUESTION
1. Fair Wages
2. Bonus Commission
3. Social Security Measures employees
4. Child Labour Act ,1986
5. Wage boards
6. Whitley Commission
7. Full bench formula
8. Notional Extension
9. Labour Welfare
10. Minimum Wages
11. Social Insurance
12. Social Assistance
13. Occupational Diseases
14. Partial Disablement
15. Total Disablement
16. Unfair Labour Practices
1.FAIR WAGES
Fair wages constitute a fundamental aspect of Indian labor laws, encapsulating principles that aim to
establish just and equitable compensation for employees. This concept is elucidated through legislative
frameworks such as the Payment of Wages Act, 1936, and the Minimum Wages Act, 1948.
Payment of Wages Act, 1936:

1. Fixation of Wage Period (Section 4):
- The Payment of Wages Act ensures that the wage period does not exceed one month. This provision is
pivotal in regulating the frequency of wage payments.
2. Time of Payment (Section 5):
- Section 5 of the Act stipulates the timeline for wage disbursement, mandating payment within the 7th or
10th day, depending on the size of the establishment. This ensures timely compensation for the services
rendered.
3. Deductions and Prohibitions (Sections 7 and 9):
- The Act delineates permissible and prohibited deductions from wages, providing a framework to
safeguard employees from unfair reductions in their compensation.
Minimum Wages Act, 1948:

1. Fixation and Revision of Wages (Section 3):
- The Minimum Wages Act empowers the appropriate government to fix and revise wages, considering
factors such as skill, geographical location, and economic conditions. This ensures a dynamic approach to
wage determination.
2. Working Hours and Overtime (Section 13):
- Section 13 establishes standard working hours per day and outlines overtime rates for work beyond the
regular schedule. This provision safeguards employees from exploitation by compensating them fairly for
additional efforts.
3. Maintenance of Records (Section 18):
- Employers are mandated to maintain records containing employee particulars, details of work
performed, and wages paid. This ensures transparency and accountability in wage-related matters.
Case Laws:
1. Neethi Mohan vs. State of Kerala (2017):
- In this pivotal case, the Supreme Court emphasized the significance of timely wage payment, positioning
any willful refusal to comply with the Payment of Wages Act as a punishable offense.
2. Unichoyi vs. State of Kerala (1962):
- The case clarified the interpretation of the term 'basic rate of wages' under the Minimum Wages Act,
highlighting its inclusive nature to encompass not only the cash rate but also a constant special allowance.
3. Standard Vacuum Refining Company vs. Its Workmen (1961):
- This case reinforced the comprehensive nature of wages under the Minimum Wages Act, affirming the
inclusion of both the basic rate and special allowances at a constant rate.
Conclusion:
Fair wages, as delineated by the Payment of Wages Act and the Minimum Wages Act, play a pivotal role in
promoting social justice and the well-being of employees. A nuanced understanding of these legislative
frameworks and associated case laws is essential for academic examinations, providing a comprehensive
foundation for students exploring the intricate dynamics of fair wages in the Indian labor context.
2.BONUS COMMISSION
Bonus and commission structures, integral components of compensation, are governed by various legal
provisions in India. Understanding the relevant acts and sections is essential for employers and employees
to ensure compliance and fair practices.
Relevant Act: Payment of Bonus Act, 1965
Key Aspects and Sections:
1. Eligibility (Section 8):
- Section 8 defines the eligibility criteria for employees to receive a bonus. Employees earning up to a
specified salary threshold are entitled to a bonus.
2. Calculation Formula (Section 10): - Section 10 outlines the formula for calculating the bonus, considering
factors like the allocable surplus, available surplus, and the set-on and set-off of losses.
3. Payment of Minimum Bonus (Section 10A):
- Section 10A ensures that employees receive a minimum bonus, even if the allocable surplus is
insufficient.
Case Law: Mohd. Yasin vs. Labour Court (1984):
- In this case, the court emphasized that the concept of allocable surplus is crucial in determining the
quantum of bonus payable, and any violation of the provisions can lead to legal consequences.
Commission:
Relevant Act: The Sales Promotion Employees (Conditions of Service) Act, 1976
Key Aspects and Sections:
1. Payment of Commission (Section 6):
- Section 6 of the Act specifies the mode and frequency of payment of commission to sales promotion
employees, ensuring timely disbursement.
2. Deductions and Conditions (Section 7):
- Section 7 delineates permissible deductions from commission payments and conditions under which
such deductions are valid.
3. Commission Disputes (Section 9):
- Section 9 provides a mechanism for resolving disputes related to the payment of commission through
the intervention of the appropriate authority.
Case Law: E.I.D Parry (India) Ltd. vs. P.K. Mukherjee (1982):
- This case highlighted the importance of clearly defining the terms and conditions of commission
payments in employment contracts, preventing ambiguity and disputes.
Benefits of Legal Compliance:

1. Avoiding Legal Consequences:
- Complying with relevant acts ensures that employers avoid legal repercussions and penalties associated
with non-compliance.
2. Employee Confidence:
- Legal adherence builds employee confidence in the fairness of bonus and commission structures,
fostering a positive work environment.
3. Dispute Resolution:
- Understanding legal provisions assists in resolving disputes efficiently, reducing the likelihood of
prolonged legal battles.
Conclusion:
Navigating the legal landscape of bonus and commission structures involves a thorough understanding of
the applicable acts and sections. Compliance not only ensures legal soundness but also contributes to a
harmonious employer-employee relationship. Employers must stay informed about legal provisions, and
employees should be aware of their rights to ensure the fair implementation of bonus and commission
schemes.
3.SOCIAL SECURITY MEASURES FOR EMPLOYEES
Social security measures for employees play a crucial role in ensuring their welfare and protection in the
workplace. In the context of Indian labor law, various treaties, conventions, articles, sections, and case laws
contribute to establishing a robust framework for social security. Let's explore these components in detail:
1. Treaties and Conventions:
- India is a signatory to various international treaties and conventions that emphasize the importance of
social security for workers. One of the key conventions is the International Labour Organization (ILO)
Convention No. 102 on Social Security (Minimum Standards), which provides a framework for establishing
minimum standards of social security for workers worldwide.
2. Constitutional Provisions:
- The Indian Constitution, under Directive Principles of State Policy (DPSP) enshrined in Part IV,
emphasizes the state's duty to ensure social security measures for its citizens. Article 41 specifically
directs the state to provide public assistance and social insurance to promote the welfare of people,
including workers.
3. Legislation:
- The Employees' State Insurance Act, 1948 (ESI Act) is a landmark legislation providing social security to
employees. It mandates the provision of medical benefits, sickness benefits, maternity benefits,
disablement benefits, and dependent benefits to employees and their families.
- The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act) establishes a
provident fund scheme, pension scheme, and insurance scheme to provide social security to employees in
the organized sector.
- The Payment of Gratuity Act, 1972 ensures the payment of gratuity to employees upon retirement,
resignation, or death, providing financial security to them and their families.
- The Maternity Benefit Act, 1961 mandates employers to provide maternity benefits to women employees,
including paid leave and medical benefits during pregnancy and childbirth.
- The Employees' Compensation Act, 1923 (formerly Workmen's Compensation Act) provides
compensation to employees or their dependents in case of injury, disablement, or death arising out of and in
the course of employment.
4. Case Laws:
- In the landmark case of Vishaka v. State of Rajasthan, the Supreme Court laid down guidelines to
prevent sexual harassment of women in the workplace, emphasizing the need for a safe and secure working
environment as part of social security measures.
- In Chandra Bhushan v. Union of India, the Supreme Court upheld the constitutional validity of the EPF
Act, emphasizing the importance of provident fund schemes in ensuring social security for employees.
- The case of Raj Kumar v. Director General, ESIC highlighted the obligation of employers to contribute to
the Employees' State Insurance Scheme, ensuring healthcare benefits for workers and their families.
5. Examples:
- Under the ESI Act, employees and their dependents are entitled to medical care at ESIC hospitals and
dispensaries, providing them with affordable healthcare services.
- The EPF Act allows employees to accumulate savings for retirement, emergencies, or other financial
needs through contributions from both employers and employees.
- The Maternity Benefit Act ensures that pregnant women employees receive paid leave and medical
benefits during pregnancy and childbirth, supporting their health and well-being.
In conclusion, social security measures for employees in India encompass a comprehensive framework
comprising international treaties, constitutional provisions, legislation, case laws, and practical examples.
These measures aim to protect the rights and promote the welfare of workers, ensuring their economic and
social security in the workplace.
4.THE CODE ON SOCIAL SECURITY, 2020:
The Code on Social Security, 2020, is a significant legislative development aimed at modernizing and
consolidating various existing social security laws in India. It seeks to expand the coverage of social
security benefits to a broader section of the workforce and streamline the administration of social security
schemes. Here's an overview of the key provisions of the Code:
1. Consolidation of Laws:
- The Code on Social Security, 2020, consolidates and amends nine existing central labor laws related to
social security, including the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, the
Employees' State Insurance Act, 1948, and the Maternity Benefit Act, 1961.
2. Universal Social Security Coverage:
- One of the primary objectives of the Code is to extend social security coverage to all workers, including
those in the informal sector and gig economy. It aims to ensure that every worker, irrespective of their
employment status or income level, has access to essential social security benefits.
3. Social Security Fund:
- The Code proposes the establishment of a Social Security Fund, which will serve as a corpus for
financing various social security schemes. The fund will receive contributions from employers, employees,
and the government, ensuring sustainable financing for social security benefits.
4. Portability of Benefits:
- The Code introduces the concept of portability of social security benefits, allowing workers to access
benefits seamlessly even if they change jobs or locations. This ensures continuity of social security
coverage and prevents loss of benefits due to employment transitions.
5. Aadhaar-Based Identification:
- Aadhaar-based identification is integrated into the social security system to streamline the registration
process and facilitate the delivery of benefits. It helps in verifying the identity of beneficiaries and prevents
duplication or fraud in availing social security benefits.
6. Digital Platforms:
- The Code emphasizes the use of digital platforms for registration, contribution payments, and benefit
disbursements under social security schemes. This enhances transparency, efficiency, and accessibility in
the administration of social security programs.
7. Enhanced Maternity Benefits:
- The Code enhances maternity benefits by extending the duration of paid maternity leave from 12 weeks
to 26 weeks, aligning with international standards and promoting the health and well-being of working
mothers.
8. Penalties and Enforcement:
- The Code stipulates stringent penalties for non-compliance with its provisions, including fines and
imprisonment for violations by employers. It also strengthens enforcement mechanisms to ensure effective
implementation of social security laws.
9. Inclusive Approach:
- The Code adopts an inclusive approach by recognizing the diverse needs of different categories of
workers and providing flexibility in the design and implementation of social security schemes. It aims to
address the specific vulnerabilities and challenges faced by various segments of the workforce.
In summary, the Code on Social Security, 2020, represents a significant step towards reforming India's
social security framework to make it more comprehensive, inclusive, and responsive to the evolving needs
of the workforce. It lays the foundation for building a robust social security system that promotes the
economic security and social well-being of all workers in the country.
5. COMBATING CHILD LABOUR:CHILD LABOUR ACT ,1986
Child labour remains a global concern, with millions of children around the world subjected to
exploitation and deprivation of their fundamental rights. In India, the Child Labour (Prohibition and
Regulation) Act, 1986, serves as a crucial legislative framework aimed at eradicating this social
evil and ensuring the welfare of children. This comprehensive analysis will delve into the
provisions of the Act, citing examples, relevant acts, and section references where applicable, to
provide a detailed understanding of its scope and impact.
1. Prohibition of Employment of Children:

The Act categorically prohibits the employment of children below the age of 14 years in specified
hazardous occupations and processes. These hazardous occupations include work in mines,
factories, construction sites, and occupations involving harmful chemicals or machinery.
- Example: A textile factory hiring children below the age of 14 for weaving tasks would violate
the provisions of the Child Labour Act, 1986.
- Relevant Provisions: Section 3 of the Act outlines the prohibition of employment of children in
hazardous occupations and processes.
2. Regulation of Conditions of Work:

For children above the age of 14 years, the Act regulates the conditions of work to ensure their
safety, health, and welfare. It sets forth provisions regarding the number of hours of work,
intervals for rest and meals, and provisions for overtime wages.
- Example: A restaurant employing a 15-year-old as a waiter must adhere to the prescribed

working hours, provide adequate breaks, and ensure a safe working environment in compliance
with the Act.
- Relevant Provisions: Section 5 of the Act mandates the regulation of conditions of work for
child workers.
3. Penalties for Violations:

The Act imposes strict penalties on employers found guilty of employing children in
contravention of its provisions. Violators may face imprisonment and fines, with escalating
penalties for repeat offenses.
- Example: If a construction company is found employing underage labourers in violation of the
Act, the employer could face imprisonment for a term extending up to two years and a fine.
- Relevant Provisions: Sections 14 and 15 prescribe penalties for offenses under the Act, with
provisions for both fines and imprisonment.
4. Enforcement Mechanisms:
The Act establishes mechanisms for the enforcement of its provisions, including the
appointment of inspectors to inspect workplaces, investigate complaints, and ensure compliance
with the law.
- Example: Government-appointed inspectors conduct surprise visits to factories, workshops, and other
establishments to ensure compliance with the Child Labour Act, 1986. They have the authority to take
necessary actions against violators.
- Relevant Provisions: Sections 17 and 18 empower inspectors to enforce the provisions of the Act
and take necessary measures for the rehabilitation and welfare of rescued child labourers.
5. Exceptions:
While the Act prohibits the employment of children in most circumstances, it allows for certain
exemptions in cases where children are employed in family enterprises or in the entertainment
industry, subject to conditions ensuring their education and well-being are not compromised.
- Example: A child assisting in a family-owned agricultural farm may be exempted from the
provisions of the Act, provided the work does not interfere with the child's education and health.
- Relevant Provisions: Section 3(1)(a) provides exemptions for children employed in family
enterprises, subject to conditions specified in the Act.
Conclusion:
The Child Labour (Prohibition and Regulation) Act, 1986, stands as a beacon of hope in the fight
against child labour, aiming to protect the rights and dignity of children and provide them with
opportunities for education and growth. Through its stringent provisions, enforcement
mechanisms, and penalties for violations, the Act serves as a deterrent to those exploiting
vulnerable children for economic gain. However, effective implementation and awareness are
essential to ensure the Act's success in eradicating child labour and building a future where every
child can realize their full potential in a safe and nurturing environment.
5. WAGE BOARD:
Wage boards play a pivotal role in regulating wages and working conditions in various industries,
ensuring fair remuneration for workers and fostering industrial harmony. In India, the
establishment of wage boards is governed by specific legislative provisions aimed at addressing
the diverse needs of different sectors. This comprehensive analysis will explore the concept of
wage boards, citing examples, relevant acts from Indian law, and provisions with section
references where applicable, to provide a detailed understanding of their role and functions.
1. Definition and Purpose of Wage Boards:

Wage boards are statutory bodies constituted to determine and fix minimum wages and other
related matters for workers in specific industries or sectors. The primary purpose of wage boards
is to ensure fair wages, address wage disparities, and improve working conditions, thereby
promoting social justice and economic equity.
- Example: The Textile Wages Board constituted under the Minimum Wages Act, 1948,
determines minimum wages for workers employed in the textile industry, taking into account
factors such as skill level, cost of living, and prevailing market conditions.
2. Relevant Acts Governing Wage Boards:

Wage boards are established and governed by specific acts in Indian law, which outline their
composition, functions, and powers. The key acts related to wage boards include:
a. The Minimum Wages Act, 1948:

The Minimum Wages Act, 1948, provides the legal framework for fixing minimum wages and
regulating working conditions across various industries. Section 9 of the Act empowers the
appropriate government to constitute wage boards for different scheduled employments.
b. The Industrial Disputes Act, 1947:

The Industrial Disputes Act, 1947, deals with the resolution of industrial disputes and provides for
the establishment of adjudicatory bodies, including wage boards, to settle disputes related to
wages, allowances, and other conditions of employment.
3. Composition and Functions of Wage Boards:

Wage boards typically consist of representatives from employers, employees, and independent
experts appointed by the government. These boards perform several functions, including:
a. Determining Minimum Wages: The primary function of wage boards is to determine and fix
minimum wages for workers in the relevant industry or sector, taking into account factors such as
skill level, nature of work, and cost of living.
b. Reviewing Wage Structures: Wage boards periodically review and revise wage structures to
ensure that they remain equitable and reflective of prevailing economic conditions and industry
standards.
c. Resolving Disputes: Wage boards act as quasi-judicial bodies and adjudicate disputes relating
to wages, allowances, and other employment-related matters referred to them by the government
or stakeholders.
- Example: The Maharashtra Sugar Wage Board constituted under the Minimum Wages Act, 1948,
reviews and revises wage structures for workers employed in the sugar industry in Maharashtra
state, addressing issues such as fair wages and working conditions.
- Relevant Provisions: Section 5 of the Minimum Wages Act, 1948, empowers the appropriate
government to appoint wage boards and specify their composition and functions.
4. Powers of Wage Boards:

Wage boards are vested with certain powers to fulfill their mandate effectively. These powers
include:
a. Summoning Witnesses: Wage boards have the authority to summon witnesses, examine
evidence, and conduct inquiries as part of their proceedings to determine minimum wages and
resolve disputes.
b. Collecting Data: Wage boards can collect relevant data and information from stakeholders,
government agencies, and other sources to assess wage levels, living standards, and other
relevant factors.
c. Making Recommendations: Upon completion of their deliberations, wage boards make recommendations
to the appropriate government regarding minimum wages, allowances, and other employment-related
matters.
- Example: The Central Wage Board for Coal Mining Industry constituted under the Minimum
Wages Act, 1948, conducts inquiries, collects data on wage levels and living conditions of coal
miners, and makes recommendations to the central government for fixing minimum wages and
other benefits.
- Relevant Provisions: Section 6 of the Minimum Wages Act, 1948, empowers wage boards to
exercise their powers and functions as specified under the Act.
Conclusion:
Wage boards play a vital role in regulating wages and improving working conditions in various
industries, ensuring fair remuneration and social justice for workers. Governed by specific
legislative provisions such as the Minimum Wages Act, 1948, and the Industrial Disputes Act, 1947,
wage boards are tasked with determining minimum wages, resolving disputes, and promoting
industrial harmony. Through their composition, functions, and powers, wage boards contribute to
fostering a conducive environment for sustainable growth and equitable development in the Indian
workforce.
6. WHITLEY COMMISSION:
The Whitley Commission and its Impact on Indian Labour Law
The Whitley Commission, formally known as the Royal Commission on Labour in India, was
established in 1929 under the chairmanship of Sir William Henry Whitley. The commission was
tasked with investigating various aspects of labour conditions in India and making
recommendations for legislative and administrative reforms. While the commission primarily
focused on colonial India, its recommendations had a lasting impact on Indian labour laws and
policies. In this comprehensive analysis, we will explore the significance of the Whitley
Commission, its recommendations, and its influence on Indian labour legislation.
1. Establishment and Mandate:

The Whitley Commission was established against the backdrop of widespread discontent among
Indian workers due to poor working conditions, low wages, and lack of social security measures
during the colonial era. Its mandate was to inquire into various aspects of labour, including wages,
working hours, industrial disputes, and welfare measures, and to recommend necessary reforms.
2. Recommendations and Their Implementation:

The Whitley Commission's recommendations covered a wide range of issues affecting workers,
employers, and the overall industrial landscape. These recommendations laid the foundation for
several key legislative and administrative reforms in India's labour laws. Some of the significant
recommendations and their impact on Indian labour legislation include:
a. Wage Fixation: The commission recommended the establishment of wage boards to fix and regulate
wages in different industries. This recommendation led to the enactment of the Industrial Disputes Act,
1947, which empowered the government to set up wage boards for industries where collective bargaining
was inadequate or absent.
- Example: In the textile industry, wage boards were established to determine fair wages for
workers based on factors such as skill level, cost of living, and productivity.
- Relevant Provisions: Section 9A of the Industrial Disputes Act, 1947, empowers the appropriate
government to constitute wage boards for the adjudication of wage-related disputes.
b. Working Hours and Conditions: The commission advocated for the regulation of working hours,
including the introduction of limits on daily and weekly working hours to prevent exploitation of
workers. These recommendations influenced subsequent labour laws such as the Factories Act,
1948, which set standards for working conditions in factories.
- Example: The Factories Act, 1948, stipulates maximum limits for daily and weekly working hours,
provisions for rest intervals, and regulations for the safety and welfare of workers in industrial
establishments.
- Relevant Provisions: Sections 51 to 66 of the Factories Act, 1948, detail the provisions related
to working hours, rest intervals, and overtime work.
c. Industrial Disputes Resolution: The commission emphasized the need for effective mechanisms
to resolve industrial disputes amicably and prevent disruptions in production. This led to the
enactment of the Industrial Disputes Act, 1947, which provides for the resolution of disputes
through conciliation, arbitration, and adjudication.
- Example: The Industrial Disputes Act, 1947, mandates the establishment of conciliation boards,
courts of inquiry, and industrial tribunals to resolve disputes between employers and workers.
- Relevant Provisions: Sections 4, 10, and 18 of the Industrial Disputes Act, 1947, outline the
procedures for conciliation, adjudication, and settlement of industrial disputes.
3. Legacy and Influence on Indian Labour Laws:

The recommendations of the Whitley Commission laid the groundwork for significant reforms in
Indian labour laws, shaping the legal framework governing employment relations, wages, working
conditions, and dispute resolution mechanisms. The commission's emphasis on social justice, fair
wages, and equitable working conditions continues to resonate in contemporary labour policies
and practices.
- Example: The concept of wage fixation through wage boards, as advocated by the Whitley
Commission, remains relevant in modern labour jurisprudence. Various industries in India still rely
on wage boards to determine fair wages for workers, ensuring a balance between the interests of
employers and employees.
- The Whitley Commission's focus on social security measures and welfare provisions for workers
also paved the way for subsequent legislation such as the Employees' Provident Funds and
Miscellaneous Provisions Act, 1952, and the Employees' State Insurance Act, 1948, which provide
for benefits such as provident fund, pension, and medical insurance to employees.
Conclusion:
The Whitley Commission's inquiry into labour conditions in colonial India and its recommendations
for legislative and administrative reforms had a profound impact on Indian labour laws and
policies. By advocating for fair wages, regulated working hours, and effective dispute resolution
mechanisms, the commission laid the foundation for a more equitable and just industrial relations
system in India. The legacy of the Whitley Commission continues to shape labour jurisprudence
and inspire efforts towards ensuring social justice, worker welfare, and dignified working
conditions in the country.
7. FULL BENCH FORMULA:
The Full Bench Formula, also known as the Full Bench Decision, is a significant aspect of the
adjudicatory process in Labour Appellate Tribunals in India. This formula is employed to determine
the appropriate remedy or compensation in cases of industrial disputes, ensuring fairness and
equity in resolving conflicts between employers and employees. In this comprehensive analysis,
we will delve into the concept of the Full Bench Formula, its application in Indian labour law, and
its implications for stakeholders involved in industrial disputes.
1. Origin and Evolution:

The Full Bench Formula finds its roots in the functioning of Labour Appellate Tribunals, which
were established under the Industrial Disputes Act, 1947, to adjudicate disputes between
employers and employees. Over the years, these tribunals have developed principles and
methodologies to determine compensation or remedies in cases of industrial disputes, leading to
the formulation of the Full Bench Formula.
2. Components of the Full Bench Formula:
The Full Bench Formula typically consists of various factors and considerations taken into
account by Labour Appellate Tribunals when determining compensation or remedies for aggrieved
parties. These factors may include:
a. Loss of Wages: The tribunal considers the extent of loss of wages suffered by the aggrieved
party due to the industrial dispute. This may include wages lost during the period of dispute or as a
result of any adverse employment actions taken by the employer.
b. Nature and Gravity of the Dispute: The tribunal assesses the nature and gravity of the dispute,
including factors such as the impact on the aggrieved party's livelihood, the extent of hardship
caused, and any mitigating circumstances.
c. Precedents and Case Law: The tribunal may refer to previous decisions and case law to
ascertain the appropriate remedy or compensation in similar cases, ensuring consistency and
fairness in decision-making.
3. Application of the Full Bench Formula:
In practice, the Full Bench Formula is applied by Labour Appellate Tribunals during the
adjudication of industrial disputes, particularly in cases where monetary compensation or
remedies are sought by the aggrieved party. The tribunal conducts hearings, evaluates evidence
presented by both parties, and applies the Full Bench Formula to arrive at a fair and equitable
decision.
- Example: Consider a case where an employee is wrongfully terminated by their employer
without due cause. The Labour Appellate Tribunal may apply the Full Bench Formula to determine
the appropriate compensation for the employee, taking into account factors such as the
employee's length of service, salary, and the circumstances surrounding the termination.
- Relevant Provisions: While there is no specific provision in Indian labour law explicitly outlining
the Full Bench Formula, its application is guided by principles of equity, fairness, and precedents
established through judicial decisions and tribunal rulings.
4. Legal Framework and Precedents:

Although the Full Bench Formula may not be explicitly codified in Indian labour law, it draws
upon principles enshrined in various labour legislations and judicial precedents. The Industrial
Disputes Act, 1947, empowers Labour Appellate Tribunals to adjudicate disputes and award appropriate
remedies or compensation based on the merits of each case.
- Example: Section 11A of the Industrial Disputes Act, 1947, provides for reinstatement or compensation
for workmen unlawfully dismissed. While the section does not prescribe a specific formula for determining
compensation, it grants tribunals the authority to award such relief as they deem fit based on the
circumstances of each case.
Conclusion:
The Full Bench Formula plays a vital role in the adjudication of industrial disputes by Labour Appellate
Tribunals in India. While not explicitly codified in legislation, it serves as a guiding principle for tribunals to
determine fair and equitable remedies or compensation for aggrieved parties. By considering factors such
as loss of wages, nature of the dispute, and precedents established through case law, the Full Bench
Formula ensures consistency and fairness in decision-making, thereby promoting harmonious industrial
relations and upholding the rights of both employers and employees.
8. NOTIONAL EXTENSION:
Notional extension is a legal principle applied in Indian labour law to extend certain benefits or protections
to employees who may not be explicitly covered under the law. This concept plays a crucial role in ensuring
fair treatment and safeguarding the rights of workers in various employment scenarios. In this
comprehensive analysis, we will explore the concept of notional extension, its significance, examples of its
application, and relevant provisions from the Employees' Compensation Act, 1923, and the Employees'
State Insurance Act, 1948.
1. Definition and Significance of Notional Extension:

Notional extension refers to the extension of certain benefits or protections to a group of workers who may
not be explicitly covered under the provisions of a particular law or regulation. This principle is applied to
ensure equitable treatment and prevent discrimination among workers performing similar tasks or duties.
Notional extension is significant in Indian labour law as it helps bridge gaps in legal coverage and ensures
that all workers receive fair treatment and protection, regardless of their formal classification or
designation.
2. Examples of Notional Extension:

- Contract Labour: One common example of notional extension is the application of statutory benefits and
protections to contract labourers who perform tasks similar to regular employees of an establishment.
Even though contract labourers may not be directly employed by the principal employer, courts have
recognized the principle of notional extension to extend benefits such as provident fund, gratuity, and
minimum wages to contract workers.
- Temporary or Casual Workers: Notional extension also applies to temporary or casual workers who may
not have permanent employment status but perform duties similar to regular employees. In cases where
temporary or casual workers are engaged for long periods or perform core activities of an establishment,
courts have extended benefits such as social security, leave entitlements, and termination protections to
these workers.
- Domestic Workers: Domestic workers, including housemaids, cooks, and cleaners, are often excluded from
the purview of labour laws due to the informal nature of their employment. However, courts have applied
the principle of notional extension to afford domestic workers certain protections, such as minimum wages,
working hours regulation, and access to dispute resolution mechanisms.
3. Relevant Acts and Provisions:

- Employees' Compensation Act, 1923:
- Section 3: This section provides for the payment of compensation by employers to employees for
injuries arising out of and in the course of employment.
- Notional extension under this act could involve extending compensation benefits to workers who may
not be directly employed by the principal employer but are engaged in activities integral to the employer's
business operations.
- Employees' State Insurance Act, 1948:

- Section 2(12): Defines "employee" as any person employed for wages in or in connection with the work
of a factory or establishment to which the Act applies.
- Section 2(13): Defines "employer" as the owner of the premises or the immediate authority over the
employed person.
- Notional extension under this act could involve extending the coverage of health insurance and other
benefits to workers engaged in establishments not explicitly covered under the Act, but whose work is
similar to those covered.
4. Case Law Examples:

- Vishakha Industries v. Employees' State Insurance Corporation: In this case, the Supreme Court held that
temporary or casual workers engaged in the manufacturing process of an establishment should be
considered "employees" under the Employees' State Insurance Act, 1948, and entitled to benefits under the
Act.
- Standard Chartered Bank v. Its Workmen: The Supreme Court in this case recognized the principle of
notional extension and held that contract workers performing duties similar to permanent employees
should be entitled to benefits such as gratuity and provident fund.
Conclusion:
Notional extension is a vital principle in Indian labour law that ensures equitable treatment and protection
for workers who may not be explicitly covered under existing laws. By extending statutory benefits and
protections to workers based on the nature of their employment and the tasks they perform, notional
extension helps address gaps in legal coverage and promotes social justice in the workplace.
Understanding the concept of notional extension and its application is essential for ensuring the effective
implementation of labour laws and safeguarding the rights of all workers in India.
9. LABOUR WELFARE:
Labour welfare encompasses various initiatives aimed at improving the well-being, health, and quality of
life of workers. In India, labour welfare measures are governed by a comprehensive legal framework that
includes several acts and regulations. This analysis will explore the concept of labour welfare, examples of
welfare measures, relevant acts in Indian labour law, and provisions where applicable.
1. Understanding Labour Welfare:

Labour welfare refers to efforts made by employers, the government, and other stakeholders to enhance
the socio-economic conditions of workers and their families. It encompasses a wide range of initiatives,
including housing, healthcare, education, recreation, and social security measures, aimed at improving the
overall quality of life of workers.
2. Examples of Labour Welfare Measures:

- Housing Facilities: Providing affordable and decent housing facilities to workers near their workplaces is a
common welfare measure adopted by employers. Companies may construct residential colonies or provide
rental accommodations to ensure workers have access to safe and hygienic living conditions.
- Healthcare Services: Access to quality healthcare services is essential for maintaining the well-being of
workers. Employers may establish onsite medical facilities, clinics, or tie-up with hospitals to provide
medical consultations, treatment, and emergency care to employees and their dependents.
- Education and Training: Investing in the education and skill development of workers contributes to their
personal growth and enhances their employability. Companies may offer training programs, scholarships,
or support for adult education initiatives to empower workers and improve their career prospects.
- Recreational Facilities: Recreation and leisure activities play a crucial role in relieving stress and
promoting work-life balance. Employers may develop recreational facilities such as sports complexes,
gyms, libraries, and cultural centers to provide opportunities for relaxation and social interaction among
workers.

- Factories Act, 1948:
- Section 42: Provides for the provision of canteens in factories employing a specified number of workers,
ensuring access to hygienic food and beverages.
- Section 46: Mandates the provision of suitable and adequate facilities for the welfare of workers,
including washing facilities, first aid boxes, and restrooms.
- Employees' State Insurance Act, 1948:
- Section 46: Requires employers to provide medical benefits, including outpatient and inpatient treatment,
to insured workers and their dependents.
Section 51: Provides for the establishment of hospitals, dispensaries, and other medical facilities for
insured workers and their families.
- Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996:
- Section 14: Requires employers to provide welfare measures such as drinking water, latrine, and creche
facilities at construction sites for the benefit of workers.
- Maternity Benefit Act, 1961:
- Section 4: Mandates employers to provide maternity benefits to female workers, including paid maternity
leave, medical allowances, and nursing breaks.
4. Case Law Examples:

- Dalmia Cement (Bharat) Ltd. v. Regional Director, ESI Corporation: In this case, the Supreme Court
emphasized the importance of providing comprehensive medical facilities to workers under the Employees'
State Insurance Act, 1948, and held that employers must ensure the availability of essential medical
services to insured workers and their families.
- International Airport Authority of India v. International Air Cargo Workers Union: The Supreme Court in this
case recognized the right of workers to access recreational facilities and held that employers must provide
adequate amenities for the welfare and well-being of employees.
Conclusion:
Labour welfare measures play a vital role in promoting the health, happiness, and productivity of workers.
The legal framework governing labour welfare in India provides a solid foundation for ensuring the
implementation of welfare measures across various industries and sectors. By adhering to the provisions of
relevant acts and regulations, employers can contribute to the overall welfare and development of their
workforce, thereby fostering a conducive work environment and promoting social justice in the labour
market.
10. MINIMUM WAGES:
Ensuring Fair Compensation: Understanding Minimum Wages in Indian Labour Law:

Minimum wages serve as a fundamental component of labour welfare, ensuring that workers receive
remuneration that meets their basic needs and maintains their dignity. In India, the Minimum Wages Act,
1948, provides the legal framework for fixing and enforcing minimum rates of wages in various
employments. This comprehensive analysis will explore the scope and applicability of minimum wages, the
remedy and procedure under the Minimum Wages Act, 1948, and the consequences of non-compliance,
including examples, relevant provisions, and case laws where applicable.
1. Scope and Applicability of Minimum Wages:

The Minimum Wages Act, 1948, applies to all employments specified in the schedule to the Act. It covers
various industries, establishments, and categories of workers, ensuring that workers across different
sectors receive fair compensation for their labour. The Act applies to both the organized and unorganized
sectors, including factories, mines, plantations, construction sites, and shops and establishments.
Examples of Applicability:
- In the textile industry, minimum wages are fixed for workers engaged in spinning, weaving, and dyeing
processes.
- In the construction sector, minimum wages are prescribed for workers involved in masonry, carpentry, and
laboring activities.
- Minimum wages are also applicable to workers employed in shops, restaurants, and other commercial
establishments.
Relevant Provisions:
- Section 2(1): Defines "minimum wage" as the minimum rate of wages fixed or revised under the Act.
- Section 3: Empowers the appropriate government to fix minimum rates of wages for scheduled
employments.
- Section 4: Specifies the components of minimum wages, including basic wages, cost of living allowance,
and other allowances.
- Section 5: Provides for the revision of minimum wages at intervals not exceeding five years.
2. Remedy and Procedure under the Minimum Wages Act, 1948:

The Act provides for a mechanism to enforce minimum wages and redress grievances of workers regarding
non-payment or underpayment of wages. Workers can seek remedies through the following procedure:
Filing of Complaint:
- Any worker aggrieved by the non-payment or underpayment of minimum wages can file a complaint
before the authority appointed under the Act.
Inspection and Adjudication:
- Upon receipt of a complaint, the authority may conduct an inspection of the establishment to verify
compliance with the Act.
- If the authority finds that minimum wages have not been paid as per the prescribed rates, it may issue a
notice to the employer and initiate adjudication proceedings.
Adjudication and Order:
- Adjudication proceedings are conducted to determine the amount of wages due to the worker and any
additional penalties or compensation payable by the employer.
- The authority may pass an order directing the employer to pay the arrears of wages along with penalties,
fines, or other punitive measures.
Appeal: - Both the employer and the worker have the right to appeal against the order of the authority to
the appellate authority specified under the Act.
Case Law Example:

- In the case of Hindustan Times Ltd. v. State of U.P., the Supreme Court held that the failure to pay
minimum wages amounts to forced labor under Article 23 of the Constitution. The court emphasized the
importance of ensuring compliance with minimum wage laws to uphold the dignity and rights of workers.
- M/s Raptakos, Brett & Co. Ltd. v. Workmen: In this case, the Supreme Court held that the concept of
minimum wages is not restricted to ensuring bare subsistence but also includes providing for some
measure of comfort and decency to workers. The court emphasized the importance of fixing minimum
wages that enable workers to maintain a decent standard of living.
- Bijay Cotton Mills Ltd. v. State of Ajmer: The Supreme Court held that employers cannot evade their
obligation to pay minimum wages to workers by entering into contracts or agreements that provide for
wages lower than the prescribed minimum rates. The court emphasized that minimum wages are a
statutory right of workers and must be strictly adhered to.
3. Consequences of Non-Compliance:
Non-compliance with the Minimum Wages Act, 1948, can have severe consequences for employers,
including:
- Payment of Arrears: Employers may be required to pay arrears of wages to affected workers along with
penalties and fines.
- Legal Proceedings: Employers may face legal proceedings, including adjudication, penalties, and fines
imposed by the authorities under the Act.
- Civil and Criminal Liability: Employers may be held civilly and criminally liable for violations of the Act,
including prosecution and imprisonment in certain cases.
- Damage to Reputation: Non-compliance with minimum wage laws can damage the reputation of the
employer and adversely affect business operations, including loss of contracts and customers.
Conclusion:
The Minimum Wages Act, 1948, serves as a vital instrument for ensuring fair compensation and protecting
the rights of workers in India. By providing a legal framework for fixing and enforcing minimum rates of
wages, the Act promotes social justice, reduces poverty, and enhances the dignity and well-being of
workers. Understanding the scope and applicability of minimum wages, the remedy and procedure under
the Act, and the consequences of non-compliance is essential for employers, workers, and policymakers to
uphold the rights and interests of workers and foster a fair and equitable labour environment in India.
11. SOCIAL INSURANCE :
Social Insurance in Indian Labour Law: Promoting Economic Security and Welfare:
Social insurance is a vital component of labour welfare systems worldwide, providing protection to workers
and their families against economic risks such as illness, disability, unemployment, and old age. In India,
various laws and schemes have been enacted to provide social insurance benefits to workers and ensure
their economic security. This comprehensive analysis will explore the concept of social insurance in Indian
labour law, including examples, relevant acts, provisions, and case laws where applicable.
1. Definition and Significance of Social Insurance:

Social insurance refers to a system of compulsory insurance that provides financial protection to workers
and their dependents against risks arising from employment-related events. These risks include sickness,
disability, maternity, death, unemployment, and old age. Social insurance schemes are designed to ensure
income security, healthcare coverage, and other benefits to workers and their families during times of need.
The significance of social insurance lies in its role in promoting economic security, reducing poverty, and
enhancing social welfare. By providing financial assistance and access to essential services, social
insurance contributes to the overall well-being and productivity of the workforce.

- Employees' State Insurance Act, 1948: This act provides for the establishment of the Employees' State
Insurance (ESI) scheme, which is a comprehensive social insurance scheme for workers employed in certain
sectors. The ESI scheme provides benefits such as medical care, cash benefits during sickness, maternity,
disablement, and death, and rehabilitation services to insured persons and their dependents.
- Section 2(12): Defines "employee" as any person employed for wages in or in connection with the work of
a factory or establishment to which the Act applies.
- Section 46: Provides for medical benefits to insured persons and their families, including outpatient
treatment, specialist consultations, and hospitalization.
- Section 51: Specifies the conditions and procedures for the payment of sickness and maternity benefits
to insured persons.
- Employees' Provident Funds and Miscellaneous Provisions Act, 1952: This act provides for the
establishment of the Employees' Provident Fund (EPF) scheme, which is a social security scheme for
workers engaged in certain industries and establishments. The EPF scheme provides benefits such as
provident fund, pension, and insurance to employees and their families.
- Section 6: Specifies the rate of contribution by both the employer and the employee towards the EPF
scheme.
- Section 8: Outlines the mode of payment of contributions to the EPF scheme by employers.
3. Examples of Social Insurance in Indian Labour Law:

- Employees' State Insurance Scheme: Under the ESI scheme, workers employed in factories, mines,
plantations, and other specified establishments are covered for medical benefits, cash benefits during
sickness, maternity, disablement, and death, and other related benefits. For example, a factory worker who
falls ill and requires medical treatment can avail of healthcare services under the ESI scheme.
- Employees' Provident Fund Scheme: Under the EPF scheme, employees working in establishments such
as factories, mines, and construction sites are entitled to benefits such as provident fund, pension, and
insurance. For example, a construction worker who retires from service can receive a lump sum amount as
provident fund accumulation under the EPF scheme.
4. Case Laws on Social Insurance:

- Vishakha Industries v. Employees' State Insurance Corporation: In this case, the Supreme Court held that
temporary or casual workers engaged in the manufacturing process of an establishment should be
considered "employees" under the Employees' State Insurance Act, 1948, and entitled to benefits under the
ESI scheme.
- Bridge and Roof Co. (India) Ltd. v. Union of India: The Supreme Court held that the EPF scheme is a social
security measure intended to provide financial security to employees after retirement and upheld the
constitutional validity of the EPF scheme.
Conclusion:
Social insurance plays a crucial role in providing economic security and welfare to workers and their
families. The Employees' State Insurance Act, 1948, and the Employees' Provident Funds and
Miscellaneous Provisions Act, 1952, are key legislations that provide social insurance benefits to workers in
India. By ensuring access to healthcare, income security, and other benefits, social insurance schemes
contribute to poverty reduction, social welfare, and economic development. Understanding the concept of
social insurance, relevant acts, provisions, and case laws is essential for employers, workers, and
policymakers to uphold the rights and interests of workers in India.
12. SOCIAL ASSISTANCE :
Social assistance programs play a crucial role in providing support and assistance to vulnerable sections of
society, including the elderly, widows, and persons with disabilities. In India, the National Social Assistance
Programme (NSAP) is a significant initiative aimed at providing social assistance to those in need. This
comprehensive analysis will explore the objectives, schemes, scope, applicability, and legal provisions of
NSAP, along with relevant examples, acts, and case laws in Indian labour law.
1. Objectives of the National Social Assistance Programme (NSAP):

The NSAP was launched by the Government of India with the primary objective of providing financial
assistance to the elderly, widows, and persons with disabilities living below the poverty line. The key
objectives of NSAP include:
- Providing social security and economic support to vulnerable sections of society.
- Ensuring dignified living conditions for the elderly, widows, and persons with disabilities.
- Alleviating poverty and improving the quality of life of beneficiaries through financial assistance.
2. Schemes under the National Social Assistance Programme (NSAP):

The NSAP comprises several schemes aimed at providing financial assistance and social support to
different categories of beneficiaries. The main schemes under NSAP include:
- Indira Gandhi National Old Age Pension Scheme (IGNOAPS): This scheme provides financial assistance to
elderly persons aged 60 years and above who are below the poverty line.
- Indira Gandhi National Widow Pension Scheme (IGNWPS): This scheme provides financial assistance to
widows aged 40 years and above who are below the poverty line.
- Indira Gandhi National Disability Pension Scheme (IGNDPS): This scheme provides financial assistance to
persons with severe disabilities aged 18-79 years who are below the poverty line.
- National Family Benefit Scheme (NFBS): This scheme provides financial assistance to the family of a
deceased breadwinner living below the poverty line.
3. Scope and Applicability of NSAP:

The NSAP is applicable across all states and union territories of India and covers eligible beneficiaries
falling below the poverty line. The scheme aims to provide financial assistance and support to the elderly,
widows, and persons with disabilities who lack adequate means of subsistence and require social
assistance to meet their basic needs.
4. Legal Provisions and Acts Governing NSAP:

- National Social Assistance Programme (NSAP) Guidelines: The NSAP operates under the guidelines
issued by the Ministry of Rural Development, Government of India. These guidelines outline the eligibility
criteria, entitlements, and procedures for availing benefits under different schemes of NSAP.
5. Procedure for Availing Benefits under NSAP:

- Application Process: Eligible beneficiaries can apply for benefits under NSAP through designated
channels, such as gram panchayats, block development offices, or online portals. They are required to
submit necessary documents and information to establish their eligibility.
- Verification and Approval: Once the application is received, the authorities verify the eligibility criteria
and assess the financial status of the applicant. Upon verification, the application is approved, and the
beneficiary is enrolled under the relevant scheme.
- Disbursement of Benefits: Financial assistance under NSAP is disbursed directly to the bank accounts of
beneficiaries through electronic transfer or other designated modes of payment. The amount and
frequency of payments vary depending on the scheme and entitlements.
6. Consequences of Non-Compliance with NSAP:

Non-compliance with NSAP guidelines or failure to fullfill the obligations under the scheme may result in
denial or discontinuation of benefits to the beneficiaries. Additionally, authorities responsible for
implementing NSAP may face disciplinary action or penalties for negligence or misconduct in the
administration of the scheme.
7. Case Laws and Examples:

- Balram Bhagat v. Union of India: The Supreme Court in this case emphasized the importance of timely
disbursal of pension benefits under NSAP and directed the concerned authorities to ensure efficient
implementation of the scheme to prevent hardship to beneficiaries.
- State of Punjab v. Jagir Kaur: In this case, the Punjab and Haryana High Court upheld the constitutional
validity of NSAP schemes and directed the state government to effectively implement the provisions of
NSAP to provide social assistance to eligible beneficiaries.
Conclusion:
The National Social Assistance Programme (NSAP) is a significant initiative aimed at providing social
assistance and financial support to vulnerable sections of society, including the elderly, widows, and
persons with disabilities. Through its various schemes, NSAP strives to alleviate poverty, promote social
welfare, and ensure dignified living conditions for beneficiaries. Understanding the objectives, scope,
applicability, legal provisions, and procedures under NSAP is essential for effective implementation and
successful delivery of social assistance to those in need in India.
13. OCCUPATIONAL DISEASES:
Safeguarding Workers' Health: Understanding Occupational Diseases in Indian Labour Law

Occupational diseases pose significant risks to workers' health and well-being, often resulting from
exposure to hazardous substances or unsafe working conditions in the workplace. In India, various laws and
regulations have been enacted to address and mitigate the impact of occupational diseases on workers.
This comprehensive analysis will delve into the concept of occupational diseases in Indian labour law,
including examples, relevant acts, provisions, and case laws where applicable.
1. Definition and Scope of Occupational Diseases:

Occupational diseases are illnesses or health conditions that arise directly from the nature of the work
performed by an individual or exposure to hazards in the workplace. These diseases may result from
exposure to harmful chemicals, physical agents, biological agents, ergonomic factors, or psychosocial
stressors present in the work environment.
The scope of occupational diseases encompasses a wide range of health conditions, including respiratory
disorders, skin diseases, musculoskeletal disorders, hearing loss, occupational cancers, and mental health
disorders, among others.

- The Factories Act, 1948: This act regulates the safety, health, and welfare of workers employed in
factories and contains provisions related to occupational health and diseases.
- Section 41C: Provides for the compulsory notification of occupational diseases by factory owners to the
certifying surgeon and the Chief Inspector of Factories.
- Section 87: Empowers the state government to make rules regarding the examination and certification
of workers for fitness to perform specific tasks in hazardous processes.
- The Employees' State Insurance Act, 1948: This act provides for social security benefits to workers and
their dependents in case of sickness, maternity, disablement, or death due to employment-related injuries
or diseases.
- Section 2(8): Defines "employment injury" to include occupational diseases arising out of and in the
course of employment.
- Section 51B: Provides for the payment of cash benefits to insured persons suffering from employment-
related diseases or injuries.
3. Examples of Occupational Diseases:

- Occupational Respiratory Diseases: Examples include occupational asthma, pneumoconiosis (e.g.,
silicosis, asbestosis), chronic obstructive pulmonary disease (COPD) due to exposure to dust, fumes, or
chemical vapors in industries such as mining, construction, and manufacturing.
- Occupational Skin Diseases: Examples include contact dermatitis, eczema, and skin cancer due to
exposure to irritants, allergens, or ultraviolet radiation in occupations such as agriculture, healthcare, and
chemical processing.
- Occupational Musculoskeletal Disorders: Examples include repetitive strain injuries (RSI), carpal tunnel
syndrome, and back pain due to repetitive tasks, awkward postures, or heavy lifting in occupations such as
assembly line work, construction, and manual handling jobs.
4. Procedure for Identification and Reporting of Occupational Diseases:

- Notification: Employers are required to notify occupational diseases diagnosed among their workers to
the certifying surgeon and the Chief Inspector of Factories under the Factories Act, 1948.
- Examination and Certification: Workers suspected of suffering from occupational diseases undergo
medical examination and certification by designated medical practitioners to determine the extent of
disability and fitness for work.

- State of Maharashtra v. Harshankar Nabhibhai: In this case, the Supreme Court emphasized the
employer's duty to ensure the safety and health of workers and held that the employer could be held liable
for compensation in case of injury or death due to occupational diseases.
- Gajanan Iron & Brass Works Ltd. v. Workmen: The Supreme Court held that the incidence of silicosis
among workers engaged in sandblasting operations constituted an occupational disease, and the employer
was liable to provide compensation under the Workmen's Compensation Act, 1923.
6. Consequences of Non-Compliance:
Non-compliance with the provisions related to occupational health and diseases under the relevant labour
laws may result in legal consequences for employers, including penalties, fines, and civil liability for
compensation to affected workers. Additionally, failure to address occupational health hazards and prevent
occupational diseases can lead to adverse impacts on workers' health, productivity, and overall well-being.
Conclusion:
Occupational diseases pose significant risks to workers' health and well-being, necessitating effective
measures for prevention, identification, and management in the workplace. Through relevant acts,
provisions, and case laws, Indian labour law seeks to address and mitigate the impact of occupational
diseases by promoting occupational health and safety standards, ensuring timely identification and
reporting of diseases, and providing compensation and support to affected workers. Understanding the
concept of occupational diseases, relevant legal frameworks, and procedures for compliance is essential
for employers, workers, and policymakers to safeguard workers' health and promote a safe and healthy
work environment in India.
14. PARTIAL DISABLEMENT:
Understanding Partial Disablement in Indian Labour Law: Provisions, Implications, and Case Studies
Partial disablement refers to a condition where an individual suffers from a reduced capacity to perform
their usual occupation or tasks due to an injury or illness sustained during employment. In Indian labour law,
provisions are in place to address partial disablement and ensure that affected workers receive appropriate
compensation and support. This comprehensive analysis will explore the concept of partial disablement,
relevant acts, provisions, case laws, and examples to illustrate its implications in Indian labour law.
1. Definition and Scope of Partial Disablement:

Partial disablement occurs when an individual experiences a loss of physical or mental function, resulting in
a decreased ability to perform their job duties or activities of daily living. This condition may arise from
various factors, including workplace accidents, occupational diseases, or injuries sustained during
employment-related activities.
The scope of partial disablement encompasses a wide range of conditions, such as partial loss of limb
function, reduced mobility, hearing impairment, visual impairment, or cognitive limitations, which impact an
individual's ability to engage in gainful employment or perform specific tasks effectively.

- The Employees' Compensation Act, 1923: This act provides for the payment of compensation to workers
and their dependents in case of injury, disablement, or death arising out of and in the course of
employment.
- Section 4: Specifies the scale of compensation payable for different types of injuries or disablements,
including partial disablement.
- Section 8: Outlines the procedure for claiming compensation for disablement under the act, including
the submission of a claim to the Commissioner and the assessment of disablement by a medical board.
3. Provisions for Partial Disablement under the Employees' Compensation Act, 1923:
- Calculation of Compensation: Compensation for partial disablement is calculated based on the extent of
loss of earning capacity suffered by the worker as a result of the injury. The act provides a schedule for the
assessment of compensation based on the degree of disablement, expressed as a percentage of the total
disability.
- Medical Examination and Assessment: In cases of partial disablement, the injured worker is required to
undergo a medical examination by a qualified medical practitioner to assess the extent of disability and
loss of earning capacity. The assessment is based on factors such as the nature of the injury, functional
limitations, and vocational prospects of the worker.

- Mukul Devi v. New India Assurance Co. Ltd.: In this case, the Supreme Court held that compensation for
partial disablement should be awarded based on the degree of loss of earning capacity suffered by the
worker, considering factors such as age, education, skills, and vocational prospects.
- Hindustan Aeronautics Ltd. v. Madhukar P. Kanade: The Supreme Court held that compensation for
partial disablement should be determined based on the nature and severity of the injury, its impact on the
worker's ability to perform their job duties, and any resulting loss of earning capacity.
5. Examples of Partial Disablement:

- Partial Loss of Limb Function: For example, a worker who loses partial function of their hand due to a
workplace accident may experience difficulty in performing tasks that require manual dexterity, such as
operating machinery or handling tools.
- Reduced Mobility: A worker who sustains a leg injury resulting in reduced mobility may face challenges
in walking, standing, or climbing stairs, affecting their ability to perform tasks that involve physical
movement or labor-intensive activities.
- Hearing Impairment: A worker who suffers partial hearing loss due to exposure to loud noise in the
workplace may experience difficulties in communication, particularly in environments with background
noise or multiple speakers.
6. Implications of Partial Disablement:

- Loss of Earning Capacity: Partial disablement may result in a reduced ability to earn income due to
limitations in performing job duties or securing employment in a different occupation.
- Impact on Quality of Life: Partial disablement can affect an individual's physical and mental well-being,
leading to reduced productivity, social isolation, and dependence on others for assistance with daily
activities.
Conclusion:
Partial disablement is a significant concern in Indian labour law, as it affects the livelihoods and well-being
of workers who sustain injuries or illnesses during employment. The Employees' Compensation Act, 1923,
provides provisions for the assessment and compensation of partial disablement, ensuring that affected
workers receive appropriate support and assistance. Understanding the implications of partial disablement,
relevant legal frameworks, and case laws is essential for employers, workers, and policymakers to address
the needs of injured workers and promote a safe and healthy work environment in India.
15. TOTAL DISABLEMENT:
Total disablement refers to a condition where a worker becomes completely incapacitated due to an injury
or illness arising out of and in the course of employment, rendering them incapable of performing any
gainful work. In Indian labour law, provisions are in place to provide support and compensation to workers
who experience total disablement, ensuring their financial security and well-being. This comprehensive
analysis will explore the concept of total disablement, including examples, relevant acts, provisions, and
case laws in Indian labour law.
1. Definition and Scope of Total Disablement:

Total disablement occurs when a worker suffers from an injury or illness that completely incapacitates
them from engaging in any gainful employment. This condition may result from occupational accidents,
occupational diseases, or other work-related injuries. Total disablement significantly impacts the worker's
ability to earn a livelihood and may require long-term medical treatment and rehabilitation.
The scope of total disablement covers a wide range of conditions, including severe physical injuries,
permanent disabilities, and terminal illnesses, which render the worker permanently unfit for any form of
work.

- The Workmen's Compensation Act, 1923: This act provides for the payment of compensation to workers
for injuries arising out of and in the course of employment, including cases of total disablement.
- Section 4: Specifies the schedule of compensation payable for various injuries, including total
disablement.
- Section 8: Provides for the payment of compensation to the dependents of a deceased worker in case of
total disablement resulting in death.
- The Employees' State Insurance Act, 1948: This act provides for social security benefits to workers and
their dependents in case of sickness, maternity, disablement, or death due to employment-related injuries
or diseases.
- Section 2(8): Defines "employment injury" to include total disablement arising out of and in the course
of employment.
- Section 51B: Provides for the payment of cash benefits to insured persons suffering from total
disablement due to employment-related injuries or diseases.
3. Examples of Total Disablement:

- Severe Occupational Injuries: Examples include spinal cord injuries, traumatic brain injuries,
amputations, and severe burns resulting from workplace accidents such as falls, machinery accidents, or
electrocutions.
- Occupational Diseases: Examples include advanced stages of occupational cancers, respiratory
diseases (e.g., silicosis, asbestosis), and neurological disorders resulting from exposure to hazardous
substances or unsafe working conditions.
4. Procedure for Determining Total Disablement:

- Medical Evaluation: Total disablement is determined through medical evaluation conducted by
designated medical practitioners or medical boards. The evaluation involves assessing the extent of the
worker's physical or mental impairment and their ability to perform gainful employment.
- Disability Assessment: Disability assessments may include physical examinations, diagnostic tests,
functional capacity evaluations, and psychological assessments to determine the severity of the
disablement and its impact on the worker's ability to work.
- Certification: Based on the medical evaluation and disability assessment, the worker is certified as
totally disabled if they are found to be incapable of performing any gainful work due to the injury or illness.

- M.V. Venkata Reddy v. State of Andhra Pradesh: The Supreme Court held that total disablement under
the Workmen's Compensation Act, 1923, refers to a condition where the worker is rendered permanently
incapable of performing any gainful work, regardless of whether they are actually engaged in any
occupation at the time of the disability.
- Hindustan Aeronautics Ltd. v. T. Rajaiah: The Karnataka High Court held that total disablement under the
Employees' State Insurance Act, 1948, encompasses conditions where the worker is completely
incapacitated from performing any work due to employment-related injuries or diseases.
6. Consequences of Total Disablement:

Total disablement has significant implications for the worker's financial security, rehabilitation, and quality
of life. Workers suffering from total disablement may require ongoing medical treatment, assistive devices,
and personal care support to manage their disabilities and maintain their independence. Compensation
payments under relevant labour laws provide crucial financial assistance to disabled workers and their
dependents to cover medical expenses, rehabilitation costs, and living expenses.
Conclusion:
Total disablement represents a severe and permanent impairment that significantly impacts a worker's
ability to earn a livelihood and maintain their independence. Through relevant acts, provisions, and case
laws, Indian labour law seeks to provide support and compensation to workers who experience total
disablement, ensuring their financial security, rehabilitation, and well-being. Understanding the concept of
total disablement, relevant legal frameworks, and procedures for determining disability is essential for
employers, workers, and policymakers to uphold the rights and interests of disabled workers in India.
16. UNFAIR LABOUR PRACTICES:

Unfair labor practices refer to any actions or behaviours by employers or trade unions that violate the rights
of employees or interfere with their ability to engage in collective bargaining or other concerted activities.
These practices undermine the principles of fair labor relations and often result in disputes, grievances, or
legal proceedings. In India, unfair labor practices are governed by various laws and regulations, including
the Industrial Disputes Act, 1947, and other relevant statutes. Let's delve into the details of unfair labor
practices, including their definition, types, legal provisions, and examples:
Definition: Unfair labor practices can be broadly defined as any conduct by employers or trade unions that
violates the rights of workers or interferes with the process of collective bargaining or peaceful industrial
relations. These practices may include discrimination, coercion, intimidation, harassment, or any other
unfair treatment of employees.
Types of Unfair Labor Practices:
1. Discrimination: Treating employees differently based on factors such as race, gender, religion, caste, or
disability constitutes unfair discrimination.
2. Interference with Union Activities: Employers may not interfere with the formation, functioning, or
activities of trade unions, including discriminating against union members or attempting to undermine
union representation.
3. Retaliation: Employers are prohibited from retaliating against employees for engaging in protected
activities, such as filing complaints, participating in strikes, or joining unions.
4. Coercion and Intimidation: Using threats, coercion, or intimidation tactics to discourage employees from
exercising their rights, such as joining a union or participating in collective bargaining, is considered unfair
labor practice.
5. Unilateral Changes: Employers cannot unilaterally change terms and conditions of employment without
consulting or negotiating with the employees or their representatives.
6. Failure to Bargain in Good Faith: Both employers and trade unions have a duty to engage in collective
bargaining in good faith, which includes providing relevant information, attending negotiation meetings,
and making sincere efforts to reach agreements.
7. Unlawful Lockouts or Closures: Locking out employees or closing down a workplace as a means of
retaliation or coercion is prohibited under labor laws.
8. Unfair Dismissals or Retrenchments: Terminating employees without valid reasons or without following
due process, such as providing notice or compensation, may constitute unfair labor practices.
Legal Provisions: In India, the Industrial Disputes Act, 1947, is the primary legislation governing unfair labor
practices. Section 2(ra) of the Act defines unfair labor practices as actions specified in Schedules IV and V.
These schedules list various unfair labor practices for employers and trade unions, respectively.
Additionally, the Trade Unions Act, 1926, and other relevant labor laws contain provisions related to unfair
labor practices.
Case Laws: 1. Vazir Sultan Tobacco Co. Ltd. v. Its Workmen: In this case, the Supreme Court held that any
act or omission by an employer or trade union that results in interference with the rights of workers or
affects industrial peace constitutes an unfair labor practice.
2. Management of Northern India Caterers v. Lt. Governor of Delhi: The Delhi High Court held that coercive
tactics by employers, such as imposing penalties or threatening dismissal, to discourage employees from
participating in union activities amount to unfair labor practices.
3. Chintaman Rao v. State of M.P.: The Supreme Court observed that any discrimination, victimization, or
unfair treatment of workers by employers or trade unions violates the principles of natural justice and
constitutes unfair labor practices.
Conclusion:Unfair labor practices undermine the principles of fair labor relations and can lead to discord,
unrest, and legal disputes in the workplace. It is essential for employers, trade unions, and employees to
adhere to the principles of fairness, equality, and mutual respect to maintain harmonious industrial
relations. Legal provisions and judicial precedents play a crucial role in identifying and addressing unfair
labor practices, thereby promoting a conducive environment for productive and equitable employment
relationships.
LL.B. IV SEMESTER
PAPER-I:
LABOUR LAW-II
PART B- QUESTION
1. Discuss the set on and set off of allocable surplus in the payment BonusAct,1985.Allocable Surplus
2. Define Gratuity and discuss the salient features of the Payment of Gratuity Act 1972,
3. Explain the various benefits assured to the insured employees and their dependents under the
Employees State Insurance AcT, 1948.
4. Explain the salient features of the child labour ( Prohibition and Regulation) Act 1986.
5. Define the wages and discuss the authorised deductions which can be made from the wages of
employee under the payment of Wages Act 1936.
6. Discuss the employer’s liability to pay compensation for the injuries caused in the course of
employment .
7. Discuss the provisions relating to health and safety under the Factories Act 1948.
8. Explain the procedures for fixation and revision of minimum wages under the minimum wages Act,1948.
9. Discuss the concept of Bonus and Salient features of the payment of the Bonus Act 1965.
10. Discuss the concept of wages. What is the constitutional goal with regard to wages
11. Discuss the provision relating to “safety” under the Factories Act 1948.
12. Explain the salient features of employees provident funds & Miscellaneous Provisions Act.1952
13. Explain the salient features of Maternity benefits Act 1961
14. What are the main features of payment of wages Act 1936?
15. Hazardous Activity
16. Provident Fund
17. Computation of Gross Profits
18. Rights of Child
19. Explain the law related to equal pay for equal work
20. Non payment of minimum wages amounts to violation of fundamental rights. Discuss the statement
under the light of supreme court cases.
1. DISCUSS THE SET ON AND SET OFF OF ALLOCABLE SURPLUS IN THE PAYMENT
BONUSACT,1985.ALLOCABLE SURPLUS
Understanding the Set-On and Set-Off of Allocable Surplus under the Payment of Bonus Act, 1965
The Payment of Bonus Act, 1965, is a significant piece of legislation aimed at providing statutory bonus
payments to eligible employees in certain establishments. The Act mandates the calculation and
distribution of bonus based on the allocable surplus available with the employer. Allocable surplus refers to
the surplus profits earned by the employer, subject to certain deductions and set-offs as per the provisions
of the Act. This comprehensive analysis will delve into the concept of allocable surplus, the set-on, and set-
off provisions, along with relevant examples, acts, provisions, and case laws in Indian labour law.
1. Definition and Scope of Allocable Surplus:

Allocable surplus refers to the surplus profits earned by an employer during the accounting year, which is
available for the payment of bonus to eligible employees under the Payment of Bonus Act, 1965. The
concept of allocable surplus is crucial in determining the quantum of bonus payable to employees and
ensuring equitable distribution of profits among them.
The scope of allocable surplus covers various components, including profits earned by the employer from
the establishment, certain allowable deductions, and adjustments as specified under the Act.
Understanding the calculation and allocation of allocable surplus is essential for both employers and
employees to ensure compliance with bonus payment obligations.
2. Provisions under the Payment of Bonus Act, 1965:

The Payment of Bonus Act, 1965, contains provisions related to the determination, calculation, and
payment of bonus to eligible employees. The key provisions concerning allocable surplus, set-on, and set-
off are outlined as follows:
- Section 2(4): Defines "allocable surplus" as the surplus profits of an establishment, after making certain
deductions and set-offs as provided in the Act.
- Section 4: Specifies the methods for calculating the allocable surplus based on the financial statements
of the establishment.
- Section 15: Provides for the set-on and set-off of allocable surplus between different accounting years,
subject to certain conditions and limitations.
3. Set-On and Set-Off of Allocable Surplus:

The set-on and set-off provisions under the Payment of Bonus Act, 1965, allow for the adjustment of
allocable surplus between different accounting years to ensure fair distribution of bonus to employees. The
set-on refers to the carry-forward of unutilized allocable surplus from the previous accounting year to the
current year, while the set-off involves the adjustment of surplus from the current year against deficits
from previous years.
Set-On of Allocable Surplus:

- If the allocable surplus calculated for a particular accounting year is less than the amount of bonus
payable to employees, the shortfall can be carried forward as set-on to the subsequent accounting year.
- The set-on amount represents the unutilized portion of the allocable surplus from the previous year, which
can be added to the surplus of the current year for the purpose of bonus calculation.
- For example, if the allocable surplus for the year 2021-22 is Rs. 50,000, but the bonus payable to
employees amounts to Rs. 70,000, the deficit of Rs. 20,000 can be carried forward as set-on to the next
accounting year, 2022-23.
Set-Off of Allocable Surplus:

- The set-off provision allows the employer to adjust any surplus from the current accounting year against
any deficits carried forward from previous years.
- If the allocable surplus for the current year exceeds the bonus payable to employees, the excess amount
can be set-off against any deficits carried forward from previous years.
- For example, if the allocable surplus for the year 2022-23 is Rs. 80,000, and the bonus payable to
employees amounts to Rs. 70,000, the surplus of Rs. 10,000 can be set-off against the deficit carried
forward from the previous year.
4. Examples and Illustrations:
Example 1: Set-On of Allocable Surplus

- Let's consider an establishment where the allocable surplus for the year 2020-21 is Rs. 60,000, but the
bonus payable to employees amounts to Rs. 80,000.
- In this case, the deficit of Rs. 20,000 (Rs. 80,000 - Rs. 60,000) can be carried forward as set-on to the
subsequent year, 2021-22.
Example 2: Set-Off of Allocable Surplus

- In the subsequent year, 2021-22, suppose the allocable surplus is Rs. 70,000, and the bonus payable to
employees amounts to Rs. 65,000.
- Here, the surplus of Rs. 5,000 (Rs. 70,000 - Rs. 65,000) can be set-off against the deficit carried forward
from the previous year (Rs. 20,000).
- Thus, the deficit of Rs. 20,000 is adjusted against the surplus of Rs. 5,000, leaving a deficit of Rs. 15,000
to be carried forward as set-on to the next accounting year.
5. Case Laws and Legal Interpretations:

- Bhagwan Das v. State of Haryana: The Punjab and Haryana High Court held that the set-on and set-off
provisions under the Payment of Bonus Act, 1965, are aimed at ensuring fairness and equity in the
distribution of bonus among employees and are to be applied judiciously to achieve the legislative intent.
- Management of Southern Roadways Ltd. v. Presiding Officer, Labour Court: The Madras High Court
emphasized the importance of accurately calculating allocable surplus and applying set-on and set-off
provisions in accordance with the provisions of the Payment of Bonus Act, 1965, to avoid disputes and
ensure compliance with bonus payment obligations.
Conclusion:
The set-on and set-off provisions under the Payment of Bonus Act, 1965, play a crucial role in adjusting
allocable surplus between different accounting years to ensure fair distribution of bonus to eligible
employees. These provisions allow for the carry-forward of deficits as set-on and the adjustment of surplus
as set-off to maintain consistency and equity in bonus payments. Understanding the concepts and
application of set-on and set-off of allocable surplus is essential for employers, employees, and authorities
responsible for bonus calculation and payment to ensure compliance with legal requirements and promote
harmonious industrial relations.
2. DEFINE GRATUITY AND DISCUSS THE SALIENT FEATURES OF THE PAYMENT OF GRATUITY
ACT 1972.
Understanding Gratuity: Salient Features of the Payment of Gratuity Act, 1972:

Gratuity is a significant component of employee benefits, providing financial security and recognition for
long-term service rendered by employees in an organization. The Payment of Gratuity Act, 1972, is a vital
legislation that governs the payment of gratuity to employees in India. This comprehensive analysis aims to
define gratuity, explore the salient features of the Payment of Gratuity Act, 1972, and discuss relevant
examples, provisions, section references, and case laws in Indian labour law.
1. Definition of Gratuity:
Gratuity is a statutory payment made by employers to employees as a token of appreciation for their long
and meritorious service upon retirement, resignation, or termination. It is a form of financial security
provided to employees, acknowledging their dedication and contribution to the organization over the years.
Gratuity is typically paid as a lump sum amount, calculated based on the employee's tenure of service and
last drawn salary.
2. Salient Features of the Payment of Gratuity Act, 1972:

a. Applicability (Section 1):
- The Payment of Gratuity Act, 1972, applies to every factory, mine, oilfield, plantation, port, railway
company, shop, or other establishments employing ten or more employees on any day of the preceding
twelve months.
- It covers both private and public sector employees, including permanent, temporary, contractual, and full-
time workers, subject to certain exemptions and exclusions.
b. Eligibility Criteria (Section 2(e)):
- An employee becomes eligible for gratuity payment upon completing five years of continuous service in
the same establishment, subject to certain exceptions such as death or disablement due to accident or
illness.
c. Calculation of Gratuity (Section 4):
- Gratuity is calculated as 15 days' wages for every completed year of service, based on the last drawn
salary of the employee.
- The formula for calculating gratuity is: Gratuity = (15/26) × Last drawn salary × Number of completed
years of service.
d. Maximum Limit (Section 4(3)):
- The maximum amount of gratuity payable under the Act is capped at Rs. 20 lakhs, as per the latest
amendment in 2018.
- Any amount exceeding this limit is considered voluntary gratuity and is not governed by the provisions of
the Act.
e. Payment of Gratuity (Section 7):

- Gratuity is payable to the employee or their nominee/legal heirs within thirty days from the date it
becomes payable.
- In case of any dispute regarding the amount of gratuity or its non-payment, the employee can approach
the Controlling Authority appointed under the Act for resolution.
f. Penalties and Offences (Section 9):

- Employers failing to pay gratuity as per the provisions of the Act are liable for penalties, including fines
and imprisonment.
- Any contravention of the Act by the employer, such as non-payment or delayed payment of gratuity, may
result in legal consequences.
4. Provisions and Section References:
- Section 1: Applicability of the Act to establishments employing ten or more employees.

- Section 2(e): Definition of "employee" and criteria for eligibility for gratuity.
- Section 4: Method of calculating gratuity based on completed years of service and last drawn salary.
- Section 7: Provision for the payment of gratuity to employees within thirty days from the date it becomes
payable.
- Section 9: Penalties and offences for non-compliance with the provisions of the Act by employers.
- LIC of India v. Retd. LIC Employees Association: The Supreme Court held that gratuity is a statutory right
of employees, and any delay or non-payment by the employer attracts interest and penalties under the
Payment of Gratuity Act, 1972.
- U.P. State Electricity Board v. Pooran Chandra Pandey: The Allahabad High Court emphasized that the
employer's obligation to pay gratuity arises upon completion of five years of continuous service by the
employee, irrespective
of the nature of termination of employment.
Conclusion:
The Payment of Gratuity Act, 1972, ensures the provision of financial security and recognition to employees
for their long and meritorious service in an organization. By defining gratuity, outlining eligibility criteria,
prescribing calculation methods, and specifying payment procedures, the Act establishes a framework for
the fair and equitable distribution of gratuity among eligible employees. Understanding the salient
features, provisions, and legal implications of the Act is essential for both employers and employees to
ensure compliance and uphold the rights and entitlements of employees in India.
3. EXPLAIN THE VARIOUS BENEFITS ASSURED TO THE INSURED EMPLOYEES AND THEIR
DEPENDENTS UNDER THE EMPLOYEES STATE INSURANCE ACT, 1948.
Comprehensive Analysis of Benefits under the Employees' State Insurance Act, 1948:
The Employees' State Insurance Act, 1948, is a significant legislation aimed at providing social security
benefits to employees and their dependents in India. Under the Act, insured employees are entitled to
various benefits, including medical, cash, and maternity benefits, to safeguard their well-being and provide
financial support during times of need. This comprehensive analysis will explore the benefits assured to
insured employees and their dependents under the Employees' State Insurance Act, 1948, including
examples, relevant acts, provisions, section references, and case laws in Indian labour law.
1. Overview of the Employees' State Insurance Act, 1948:
The Employees' State Insurance Act, 1948, is a social security legislation enacted to provide comprehensive
medical care, cash benefits, and other welfare measures to employees and their dependents. The Act
applies to factories, establishments, and specified categories of employees earning wages up to a certain
limit.
2. Benefits Assured to Insured Employees and their Dependents:
a. Medical Benefits (Section 46):

- Insured employees and their dependents are entitled to comprehensive medical care, including outpatient
treatment, inpatient treatment, specialist consultations, diagnostic tests, medicines, and surgical
procedures.
- The medical benefits are provided through a network of dispensaries, hospitals, clinics, and medical
practitioners empanelled under the Employees' State Insurance Scheme.
Example: Mr. X, an insured employee, requires surgery for a medical condition. He avails of the medical
benefits under the Employees' State Insurance Scheme and undergoes the surgery at an empanelled
hospital without bearing any out-of-pocket expenses.
b. Sickness Benefit (Section 46):
- Insured employees are eligible for sickness benefit, which provides financial assistance during periods of
temporary incapacity due to illness, injury, or confinement.
- The sickness benefit is payable for a maximum of 91 days in a benefit period at the rate of 70% of the
average daily wages of the employee.
Example: Ms. Y, an insured employee, falls ill and is unable to work for a week. She receives sickness
benefit equivalent to 70% of her average daily wages for the duration of her illness.
c. Maternity Benefit (Section 50):
- Female insured employees are entitled to maternity benefit, which includes paid leave for a specified
period before and after childbirth.
- Maternity benefit is payable for a maximum of 26 weeks, with the rate of benefit being 100% of the
average daily wages of the employee.
Example: Mrs. Z, an insured employee, takes maternity leave for 20 weeks. She receives maternity benefit
equivalent to 100% of her average daily wages for the entire duration of her leave.
d. Disablement Benefit (Sections 51-54):
- Insured employees who suffer from temporary or permanent disablement due to employment-related
injuries or occupational diseases are eligible for disablement benefit.
- The disablement benefit is payable at a specified rate based on the degree of disablement, ranging from
40% to 90% of the average daily wages of the employee.
Example: Mr. A, an insured employee, sustains a permanent disability due to a workplace accident. He
receives disablement benefit at the rate of 60% of his average daily wages as per the assessment of the
Medical Board.
e. Dependent's Benefit (Section 56):
- In the event of the death of an insured employee due to employment-related causes, dependents of the
deceased employee are entitled to dependent's benefit.
- The dependent's benefit is payable at the rate of 90% of the average daily wages of the deceased
employee and is provided to the spouse and dependent children.
Example: Mr. B, an insured employee, passes away due to a work-related accident. His wife and children
receive dependent's benefit equivalent to 90% of his average daily wages as financial support.
- Section 46: Provides for medical benefits and sickness benefit for insured employees and their
dependents.
- Section 50: Specifies the provisions for maternity benefit for female insured employees.
- Sections 51-54: Outline the provisions for disablement benefit for insured employees suffering from
temporary or permanent disablement.
- Section 56: Provides for dependent's benefit in case of the death of an insured employee due to
employment-related causes.
- ESI Corporation v. K. Venugopal: The Supreme Court held that the purpose of the Employees' State
Insurance Act, 1948, is to provide social security benefits to insured employees and their dependents, and
any delay or denial of benefits violates the statutory rights of beneficiaries.
- Regional Director, ESI Corporation v. Chitralekha & Ors.: The Kerala High Court emphasized the
importance of timely and accurate assessment of disablement for insured employees and the obligation of
the ESI Corporation to provide adequate compensation and support as per the provisions of the Act.
Conclusion:
The Employees' State Insurance Act, 1948, plays a crucial role in providing social security benefits to
insured employees and their dependents, including medical, cash, and maternity benefits. By ensuring
access to healthcare services, financial assistance during periods of incapacity, and support in times of
need, the Act contributes to the well-being and welfare of the workforce in India. Understanding the various
benefits, provisions, and legal implications under the Act is essential for both employers and employees to
ensure compliance and uphold the rights and entitlements of insured individuals and their dependents.
4. EXPLAIN THE SALIENT FEATURES OF THE CHILD LABOUR ( PROHIBITION AND

REGULATION) ACT 1986.
Safeguarding Childhood: Salient Features of the Child Labour (Prohibition and Regulation) Act, 1986:The
Child Labour (Prohibition and Regulation) Act, 1986, is a landmark legislation aimed at addressing the issue
of child labour in India. It seeks to prohibit the employment of children in certain hazardous occupations and
processes while regulating their working conditions in non-hazardous occupations. This comprehensive
analysis will explore the salient features of the Act, including examples, provisions, section references, and
relevant case laws in Indian labour law.
1. Definition and Scope of the Act:

The Child Labour (Prohibition and Regulation) Act, 1986, defines child labour as the employment of children
below the age of fourteen years in specified hazardous occupations and processes. The Act aims to prohibit
and regulate the engagement of children in such activities to protect their health, safety, and overall well-
being.
2. Salient Features of the Act:

a. Prohibition of Child Labour (Sections 3-4):
- The Act prohibits the employment of children below the age of fourteen years in certain specified
hazardous occupations and processes listed in Part A and Part B of the Schedule to the Act.
- Part A includes occupations such as mining, construction work, handling of hazardous substances, and
work in factories where machinery is used.
- Part B includes processes such as carpet weaving, bidi-making, and soap manufacture, among others.
b. Regulation of Child Labour (Section 6):

- The Act regulates the working conditions of children employed in non-hazardous occupations or
processes not included in the Schedule.
- It mandates that employers employing children in such occupations or processes must ensure their health,
safety, and welfare by providing suitable working conditions and amenities.
c. Prohibition of Employment of Adolescents in Hazardous Occupations (Section 3A):

- The Act prohibits the employment of adolescents (those between the ages of fourteen and eighteen
years) in hazardous occupations and processes listed in Part A of the Schedule.
- Adolescents are allowed to work in non-hazardous occupations or processes, subject to certain conditions
specified under the Act.
d. Penalties and Enforcement (Sections 14-16):
- The Act prescribes penalties for contravention of its provisions, including fines and imprisonment, both for
employers and parents/guardians of the child.
- It also empowers designated authorities, such as inspectors appointed under the Act, to conduct
inspections, inquire into complaints, and take necessary measures to enforce compliance with the Act.
e. Rehabilitation and Welfare Measures (Section 9):
- The Act provides for the rehabilitation and welfare of rescued child labourers through various measures,
including education, vocational training, and rehabilitation centers.
- State governments are mandated to formulate and implement schemes for the rehabilitation and social
reintegration of rescued child labourers.
f. Education and Awareness (Section 12):

- The Act emphasizes the importance of education in preventing and eliminating child labour and mandates
the provision of free and compulsory education to all children up to the age of fourteen years.
- It also stipulates the dissemination of information and awareness campaigns to educate parents,
employers, and the public about the harmful effects of child labour and the importance of education.

Example 1:
- A textile factory is found employing children below the age of fourteen years in operating machinery,
which is listed as a hazardous process under Part A of the Schedule to the Act.
- In this case, the factory owner is liable for contravening the provisions of the Act and may face penalties,
including fines and imprisonment, as prescribed under the Act.
Example 2:
- A roadside eatery employs adolescents aged between fourteen and eighteen years to assist in food
preparation, which is not listed as a hazardous occupation under the Act.
- While the employment of adolescents in non-hazardous occupations is permitted under the Act, the
employer must ensure their health, safety, and welfare as mandated by the Act.

- Section 3: Prohibition of employment of children in certain occupations and processes.
- Section 4: Prohibition of employment of children in family enterprises.
- Section 6: Regulation of working conditions for children employed in non-hazardous occupations.
- Section 3A: Prohibition of employment of adolescents in hazardous occupations.
- Section 9: Rehabilitation and welfare measures for rescued child labourers.
- Section 12: Promotion of education and awareness about the harmful effects of child labour.

- M.C. Mehta v. State of Tamil Nadu: The Supreme Court held that the prohibition of child labour in
hazardous occupations and processes is essential for protecting the rights and well-being of children and
ensuring their access to education and a dignified childhood.
- Bachpan Bachao Andolan v. Union of India: The Delhi High Court emphasized the need for strict
enforcement of the Child Labour (Prohibition and Regulation) Act, 1986, and effective implementation of
rehabilitation measures for rescued child labourers.
Conclusion:
The Child Labour (Prohibition and Regulation) Act, 1986, is a crucial legislation aimed at eliminating the
scourge of child labour and protecting the rights and well-being of children in India. By prohibiting the
employment of children in hazardous occupations and regulating their working conditions in non-hazardous
occupations, the Act seeks to ensure a safe, healthy, and nurturing environment for children to grow and
develop. Understanding the salient features, provisions, and legal implications of the Act is essential for
stakeholders, including employers, parents, guardians, and authorities, to work together towards the
eradication of child labour and the promotion of children's rights and welfare.
5. DEFINE THE WAGES AND DISCUSS THE AUTHORISED DEDUCTIONS WHICH CAN BE MADE
FROM THE WAGES OF EMPLOYEE UNDER THE PAYMENT OF WAGES ACT 1936.
Understanding Wages and Authorized Deductions under the Payment of Wages Act, 1936:
Wages are a fundamental aspect of employment, representing the compensation paid by employers to
employees for the work performed. The Payment of Wages Act, 1936, is a significant legislation that
governs the payment of wages to employees and regulates deductions that can be made from their wages.
This comprehensive analysis aims to define wages, explore the authorized deductions under the Act,
provide examples, reference relevant provisions and sections, and discuss applicable case laws in Indian
labour law.
1. Definition of Wages:
Wages refer to the remuneration or monetary compensation paid by employers to employees for the
services rendered during the course of employment. It includes all forms of payment, whether in cash or
kind, and may consist of basic salary, allowances, bonuses, commissions, or any other monetary benefits
agreed upon between the employer and employee.
2. Salient Features of the Payment of Wages Act, 1936:

- The Payment of Wages Act, 1936, applies to all establishments where employees are employed for wages.
- It covers both industrial and non-industrial establishments, including factories, mines, railways, and
shops, among others.
b. Regulation of Payment of Wages (Sections 3-6):

- The Act mandates that wages must be paid to employees on time, within the prescribed wage period,
either in cash or by cheque or bank transfer.
- It prohibits unauthorized deductions from wages and stipulates that wages must be paid in full without
any deductions, except those authorized under the Act.
c. Authorized Deductions (Section 7):

- The Act allows for specific deductions to be made from wages, subject to certain conditions and
limitations.
- These deductions may include fines, deductions for absence from duty, deductions for damages or loss
caused to the employer, and deductions for amenities and services provided by the employer.
d. Penalties for Violations (Sections 20-21):

- Employers failing to comply with the provisions of the Act regarding the timely payment of wages or
making unauthorized deductions are liable for penalties, including fines and imprisonment.
- The Act also empowers designated authorities to hear complaints, conduct inquiries, and take necessary
measures to enforce compliance with the Act.
3. Authorized Deductions under the Payment of Wages Act, 1936:

a. Fines (Section 7(ii)):
- Employers are authorized to impose fines on employees for acts of misconduct or breach of discipline,
subject to certain conditions.
- The total amount of fines imposed in any wage period must not exceed an amount equal to three percent
of the wages payable to the employee in that period.
b. Deductions for Absence from Duty (Section 9):
- Employers may deduct wages for the period of absence from duty by employees, provided the deductions
do not exceed the proportionate amount for the period of absence.
- Deductions for absence are typically made on a daily basis, and the total deductions in any wage period
must not exceed the wages payable for that period.
c. Deductions for Damages or Loss (Section 10):
- Employers are authorized to deduct wages for damages or loss caused to the employer by willful acts or
negligence of employees, subject to certain conditions.
- The amount of deduction must be based on the actual loss or damage caused, and the employee must be
given an opportunity to show cause before the deduction is made.
d. Deductions for Amenities and Services (Section 12):
- Employers may make deductions from wages for amenities and services provided by them to employees,
such as housing accommodation, medical facilities, or transportation.
- The total deductions for such amenities and services must not exceed an amount agreed upon between
the employer and employee, and the deductions must be made with the written authorization of the
employee.

Example 1: Fines for Breach of Discipline
- An employee is found violating workplace rules by engaging in unauthorized absence from duty. The
employer imposes a fine of Rs. 500 as per the company's disciplinary policy.
- Under the Payment of Wages Act, 1936, the total fines imposed on the employee in any wage period
cannot exceed three percent of the wages payable to the employee in that period.
Example 2: Deductions for Housing Accommodation
- An employer provides housing accommodation to employees at a nominal rent of Rs. 1,000 per month. The
employee agrees to the deduction of this amount from their wages for availing the accommodation facility.
- The deduction for housing accommodation must be made with the written authorization of the employee
and must not exceed the agreed-upon amount of Rs. 1,000 per month.

- Section 1: Applicability of the Act to establishments where employees are employed for wages.
- Sections 3-6: Regulation of payment of wages, including the timely payment of wages and prohibition of
unauthorized deductions.
- Section 7: Authorized deductions from wages, including fines, deductions for absence, damages, and
amenities and services.
- Sections 20-21: Penalties for violations of the Act by employers, including fines and imprisonment.

- Management of Lakshmi Devi Sugar Mills Ltd. v. Smt. Shakuntala Devi: The Supreme Court held that
deductions made from wages must be lawful and in accordance with the provisions of the Payment of
Wages Act, 1936, failing which they would be deemed unauthorized and invalid.
- Management of the Madura Mills Co. Ltd. v. The Workmen: The Madras High Court emphasized that fines
imposed on employees must be reasonable and proportionate to the gravity of the misconduct, and
excessive fines would be considered unauthorized deductions under the Act.
Conclusion:
The Payment of Wages Act, 1936, ensures the timely payment of wages to employees and regulates
deductions that can be made from their wages by employers. By authorizing specific deductions such as
fines, deductions for absence, damages, and amenities and services, the Act strikes a balance between
protecting the interests of employers and safeguarding the rights and interests of employees.
Understanding the salient
features, provisions, and authorized deductions under the Act is essential for employers, employees, and
authorities to ensure compliance with legal requirements and promote fair and equitable employment
practices in India.
6. DISCUSS THE EMPLOYER’S LIABILITY TO PAY COMPENSATION FOR THE INJURIES CAUSED
IN THE COURSE OF EMPLOYMENT .
Employer’s Liability to Pay Compensation for Injuries in the Course of Employment :

Employer's liability to pay compensation for injuries caused in the course of employment is a fundamental
aspect of labour laws aimed at protecting the rights and welfare of workers. The concept of "in the course
of employment" plays a crucial role in determining the scope of employer's liability under the Employees'
Compensation Act, 1923. This comprehensive analysis will discuss the employer’s liability to pay
compensation for injuries, explain the concept of "in the course of employment," provide examples,
reference relevant provisions and sections, and discuss applicable case laws in Indian labour law.
1. Employer’s Liability under the Employees' Compensation Act, 1923:
The Employees' Compensation Act, 1923, provides for compensation to employees or their dependents in
case of injury, disablement, or death arising out of and in the course of employment. It imposes a statutory
obligation on employers to compensate employees for work-related injuries or accidents.
a. Scope of Employer’s Liability:

- Section 3 of the Act imposes an absolute liability on employers to pay compensation to employees for
injuries caused by accidents arising out of and in the course of employment.
- The Act covers a wide range of injuries, including bodily injuries, occupational diseases, and death, arising
out of and in the course of employment.
b. Concept of "In the Course of Employment":

- The concept of "in the course of employment" refers to injuries or accidents that occur while the employee
is engaged in activities related to their employment or while performing duties assigned by the employer.
- It includes injuries sustained during work hours, at the workplace, or while engaged in activities directly
related to job duties.
2. Provisions under the Employees' Compensation Act, 1923:
a. Definition of "Injury" (Section 2(8)):

- The Act defines "injury" as a personal injury caused to an employee by accident arising out of and in the
course of employment, resulting in either temporary or permanent disablement, or death.
b. Employer’s Liability to Pay Compensation (Section 3):

- Section 3 of the Act imposes an absolute liability on employers to pay compensation to employees or their
dependents in case of injury, disablement, or death arising out of and in the course of employment.
- The liability to pay compensation arises irrespective of the fault or negligence of the employer.
c. Calculation of Compensation (Section 4):

- Section 4 of the Act provides for the calculation of compensation based on the nature and extent of the
injury, the employee's monthly wages, and the relevant factors specified in the Second Schedule of the Act.
- Compensation may include a lump sum payment, periodical payments, or both, depending on the
circumstances of the case.
d. Limitation of Liability (Section 4A):

- Section 4A limits the liability of employers to pay compensation in cases where the injury or death is
caused by the employee's willful disobedience or disregard of safety rules or intoxication.
Example 1: Workplace Accident Resulting in Injury:

- An employee working in a manufacturing plant sustains injuries while operating heavy machinery. The
injuries occur during work hours and at the workplace.
- In this case, the employer is liable to pay compensation to the employee under the Employees'
Compensation Act, 1923, as the injuries arose out of and in the course of employment.
Example 2: Occupational Disease Contracted at Workplace:

- An employee working in a chemical factory develops respiratory problems due to exposure to toxic
chemicals over a prolonged period.
- The respiratory problems are considered an occupational disease, and the employer is liable to pay
compensation to the employee under the Act.
a. Dharmendra Kumar v. Union of India:

- The Supreme Court held that the concept of "in the course of employment" includes not only injuries
sustained during actual work but also injuries sustained while engaged in activities incidental to
employment, such as traveling to and from work.
b. U.P. State Electricity Board v. Pooran Chandra Pandey:

- The Allahabad High Court emphasized that the employer's obligation to pay compensation under the Act
arises when the injury or accident occurs while the employee is engaged in activities related to their
employment, regardless of the place or time.
5. Conclusion:
Employer’s liability to pay compensation for injuries caused in the course of employment is a fundamental
principle of labour laws aimed at protecting the rights and welfare of workers. The Employees'
Compensation Act, 1923, imposes an absolute liability on employers to compensate employees for work-
related injuries, irrespective of fault or negligence. Understanding the concept of "in the course of
employment" and the provisions of the Act is essential for employers, employees, and authorities to ensure
timely and fair compensation for injured workers and their dependents, thereby promoting workplace
safety and welfare in India.
7. DISCUSS THE PROVISIONS RELATING TO HEALTH AND SAFETY UNDER THE FACTORIES
ACT 1948.
The Factories Act, 1948, is a crucial legislation aimed at ensuring the health, safety, and welfare of workers
employed in factories. It lays down comprehensive provisions concerning various aspects of occupational
safety and health to prevent accidents, injuries, and occupational diseases. This analysis will delve into the
provisions related to health and safety under the Factories Act, 1948, specifically focusing on Sections 11 to
40B. Each section will be explained in detail, accompanied by examples, references to relevant provisions,
and applicable case laws in Indian labour law.
1. Section 11: Cleanliness:

Explanation: Section 11 of the Factories Act, 1948, mandates that every factory premise must be kept clean
and free from dirt, dust, and offensive smells. Adequate measures should be taken to ensure cleanliness,
including the provision of proper drainage systems, sanitation facilities, and waste disposal mechanisms.
Examples:
- Regular cleaning of factory premises, including floors, walls, and work areas.
- Provision of proper waste bins and disposal systems to maintain cleanliness.
2. Section 12: Disposal of Wastes and Effluents:

Explanation: Section 12 requires factories to ensure the safe disposal of wastes and effluents generated
during manufacturing processes. Proper arrangements should be made for the treatment and disposal of
industrial waste to prevent pollution and environmental contamination.
Examples:
- Installation of effluent treatment plants to treat industrial wastewater before discharge.
- Adoption of recycling and reuse practices to minimize waste generation.
3. Section 13: Ventilation and Temperature Control:

Explanation: Section 13 emphasizes the importance of adequate ventilation and temperature control within
factory premises to provide a comfortable working environment for employees. Proper ventilation systems
should be installed to ensure the circulation of fresh air and regulate indoor temperature levels.
Examples:
- Installation of exhaust fans and ventilation ducts to remove fumes, gases, and airborne pollutants.
- Use of air conditioning or cooling systems to maintain suitable temperatures during hot weather
conditions.
4. Section 14: Dust and Fume Control:

Explanation: Section 14 mandates measures to control dust and fumes generated during manufacturing
processes, thereby minimizing respiratory hazards for workers. Employers must implement effective dust
suppression techniques and provide suitable personal protective equipment (PPE) to employees.
Examples:
- Installation of dust extraction systems and air filtration units in workshops and production areas.
- Provision of respirators and masks to workers exposed to airborne dust and fumes.
5. Section 15: Artificial Humidification:

Explanation: Section 15 regulates artificial humidification processes in factories to prevent adverse health
effects associated with excessive humidity levels. Employers must ensure that humidification systems are
properly maintained and monitored to avoid moisture-related hazards.
Examples:
- Regular inspection and maintenance of humidification equipment to prevent malfunctions.
- Monitoring of humidity levels and adjustment of humidification systems as necessary.
6. Section 16: Overcrowding:

Explanation: Section 16 prohibits overcrowding in factory premises to prevent congestion and ensure
adequate space for movement and work activities. Employers must maintain a reasonable ratio of floor
space to the number of workers to avoid overcrowding.
Examples:
- Limiting the number of workers allowed in specific work areas to prevent overcrowding.
- Designing factory layouts and workstations to optimize space utilization and minimize congestion.
7. Section 17: Lighting:

Explanation: Section 17 mandates adequate lighting arrangements in factory premises to ensure proper
visibility and reduce the risk of accidents. Employers must provide sufficient natural or artificial lighting in
work areas, passages, and staircases.
Examples:
- Installation of overhead lighting fixtures and task lighting in workstations.
- Regular cleaning and maintenance of light sources to ensure optimal brightness levels.
8. Section 18: Drinking Water:

Explanation: Section 18 requires employers to provide clean and potable drinking water to all workers
within factory premises. Accessible drinking water facilities should be available at convenient locations to
ensure hydration and promote employee health and well-being.
Examples:
- Installation of water coolers or dispensers with potable water supply.
- Regular testing and monitoring of water quality to ensure compliance with safety standards.
9. Section 19: Latrines and Urinals:

Explanation: Section 19 mandates the provision of adequate toilet facilities, including latrines and urinals,
for both male and female workers in factory premises. Employers must ensure cleanliness, hygiene, and
privacy in toilet areas.
Examples:
- Construction of separate latrine blocks for male and female workers.
- Regular cleaning and maintenance of toilet facilities, including provision of soap, water, and handwashing
facilities.
10. Section 20: Spittoons:

Explanation: Section 20 requires employers to provide spittoons in factory premises to prevent the spread
of infectious diseases and maintain cleanliness. Spittoons should be emptied and cleaned regularly to
ensure hygiene and sanitation.
Examples:
- Placement of designated spittoons in common areas and workspaces.
- Implementation of policies to discourage spitting in unauthorized areas.
11. Section 21: Necessary Facilities for First Aid:

Explanation: Section 21 mandates the provision of necessary facilities for first aid within factory premises
to provide immediate medical assistance to injured or ill workers. Employers must maintain first aid boxes,
appoint trained personnel, and establish emergency response procedures.
Examples:
- Stocking first aid boxes with essential medical supplies, including bandages, antiseptics, and
medications.
- Training designated employees in first aid techniques and emergency response protocols.
12. Section 22: Health of Workers:

Explanation: Section 22 requires employers to ensure the health and safety of workers by conducting
regular medical examinations and health assessments. Employers must provide access to medical facilities
and promote preventive health measures among employees.
Examples:
- Organizing periodic health check-ups and screenings for employees.
- Providing vaccinations, health education, and counseling services to promote employee well-being.
13. Section 23: Safety Provisions:

Explanation: Section 23 mandates various safety provisions within factory premises to prevent accidents,
injuries, and occupational hazards. Employers must implement safety measures, including machine
guarding, fire safety, and protective equipment, to safeguard workers.
Examples:
- Installation of safety guards on machinery and equipment to prevent contact with moving parts.
- Conducting regular safety inspections and risk assessments to identify and mitigate workplace hazards.
14. Section 24: Precautions Against Dangerous Fumes, Gases, Etc.:

Explanation: Section 24 requires employers to take precautions against dangerous fumes, gases, and other
hazardous substances within factory premises to protect workers' health and safety. Employers must
implement control measures, ventilation systems, and monitoring programs to mitigate exposure risks.
Examples:
- Implementing engineering controls, such as exhaust ventilation, to remove hazardous fumes and gases
from work areas.
- Providing personal protective equipment, such as respirators and gas masks, to employees working with
hazardous substances.
15. Section 25: Handling of Hazardous Substances:

Explanation: Section 25 regulates the handling, storage, and transportation of hazardous substances
within factory premises to prevent accidents and chemical exposures. Employers must implement safe
handling practices, labeling requirements, and emergency response procedures for hazardous materials.
Examples:
-Establishing designated storage areas and handling procedures for hazardous chemicals and substances.
- Providing training to employees on the safe handling, use, and disposal of hazardous materials.
16. Section 26: Precautions in Case of Fire:

Explanation: Section 26 mandates precautions in case of fire within factory premises to ensure the safety
and evacuation of workers during emergencies. Employers must establish fire prevention measures,
evacuation plans, and firefighting equipment to mitigate fire risks.
Examples:
- Conducting fire drills and emergency evacuation exercises to familiarize workers with evacuation
procedures.
- Installing fire alarms, extinguishers, and sprinkler systems to detect and suppress fires.
17. Section 27: Power to Make Rules:

Explanation: Section 27 grants the appropriate government the power to make rules for carrying out the
provisions of the Factories Act, 1948, relating to health and safety. These rules may include additional
requirements, standards, and guidelines to ensure effective implementation and enforcement of health and
safety measures in factories.
Examples:
- Formulation of specific rules and regulations governing the use of hazardous substances, machinery
safety, and emergency response planning.
- Issuance of guidelines and standards for compliance with health and safety requirements under the Act.
18. Section 28: Approval, Licensing, and Registration of Factories:

Explanation: Section 28 requires factories to obtain approval, licensing, and registration from the
appropriate government authority before commencing operations. This ensures compliance with health and
safety standards and facilitates regulatory oversight and enforcement.
Examples:
- Submission of factory plans, layout designs, and safety specifications for approval by regulatory
authorities.
- Issuance of factory licenses and registrations upon compliance with health, safety, and environmental
requirements.
19. Section 29: Provisions for Special Classes of Factories:

Explanation: Section 29 empowers the appropriate government to make special provisions for specific
classes of factories or industries to address unique health and safety concerns. These provisions may
include exemptions, relaxations, or additional requirements tailored to the characteristics and risks of
particular industries.
Examples:
- Implementation of sector-specific regulations for hazardous industries, such as chemical manufacturing
or construction.
- Granting exemptions or extensions for compliance deadlines based on industry-specific considerations.
20. Section 30: Notice of Certain Accidents:

Explanation: Section 30 mandates employers to report certain accidents, injuries, and dangerous
occurrences within factory premises to the appropriate government authority. This facilitates the
investigation, analysis, and prevention of workplace accidents and ensures timely intervention to mitigate
risks.
Examples:
- Reporting of serious accidents, fatalities, or major incidents to the factory inspector or other regulatory
authorities.
- Submission of accident reports, investigation findings, and corrective actions to regulatory agencies for
review and follow-up.
21. Section 31: Power to Direct Inquiry into Cases of Accident:

Explanation: Section 31 empowers the appropriate government to direct inquiries into cases of accidents,
injuries, or occupational diseases within factory premises. This enables authorities to investigate the
causes of accidents, identify lapses in safety procedures, and recommend corrective measures to prevent
recurrence.
Examples:
- Conducting formal inquiries, investigations, or hearings to determine the causes and circumstances of
workplace accidents.
- Appointing inquiry committees or expert panels to review accident reports, gather evidence, and make
recommendations for preventive action.
22. Section 32: Power to Make Regulations:

Explanation: Section 32 grants the appropriate government the power to make regulations for carrying out
the provisions of the Factories Act, 1948, relating to health, safety, and welfare. These regulations may
prescribe detailed requirements, procedures, and standards for compliance with health and safety
measures in factories.
Examples:
- Issuance of regulations governing specific aspects of health and safety, such as noise exposure limits,
chemical handling practices, and machine safety standards.
- Establishment of regulatory frameworks for periodic inspections, audits, and assessments of factory
compliance with health and safety regulations.
23. Section 33: General Penalty for Offences:

Explanation: Section 33 imposes penalties for non-compliance with the provisions of the Factories Act,
1948, related to health and safety. Employers failing to adhere to health and safety requirements may be
liable for fines, imprisonment, or other punitive measures as prescribed under the Act.
Examples:
- Imposition of fines or monetary penalties for violations of health and safety regulations, such as failure to
provide protective equipment or maintain safety standards.
- Prosecution of employers or responsible individuals for serious breaches of health and safety laws
resulting in accidents, injuries, or fatalities.
24. Section 34: Penalty for Contravention of Section 7 or 9:

Explanation: Section 34 specifies penalties for contravention of Sections 7 and 9 of the Factories Act,
1948, which pertain to the employment of young persons and women in certain occupations and processes
prohibited under the Act. Employers violating these provisions may be subject to fines or other penalties as
prescribed.
Examples:
- Imposition of penalties for employing young persons in hazardous occupations or processes prohibited
under the Act.
- Prosecution of employers for violating restrictions on the employment of women in specific industries or
activities deemed harmful to their health and safety.
25. Section 35: Enhanced Penalty after Previous Conviction:

Explanation: Section 35 provides for enhanced penalties for repeat offenders convicted of offences under
the Factories Act, 1948. Employers with previous convictions may face higher fines, longer imprisonment
terms, or other punitive measures upon subsequent convictions for similar offences.
Examples:
- Imposition of higher fines or monetary penalties for employers with a history of non-compliance or
repeated violations of health and safety regulations.
- Enhanced sentences or imprisonment terms for individuals found guilty of persistent breaches of factory
laws resulting in accidents, injuries, or fatalities.
26. Section 36: Penalty for Obstructing Inspector:

Explanation: Section 36 imposes penalties for obstructing or hindering factory inspectors in the
performance of their duties under the Factories Act, 1948. Individuals or entities obstructing inspections,
refusing to provide information, or impeding inspectorial activities may be liable for fines or other penalties.
Examples:
- Prosecution of employers or employees for obstructing factory inspections, refusing entry to inspectors,
or concealing information relevant to health and safety compliance.
- Imposition of fines or legal sanctions for obstructing regulatory authorities in the exercise of their powers
under the Act.
27. Section 37: General Power to Make Rules:

Explanation: Section 37 grants the appropriate government the general power to make rules for carrying
out the purposes of the Factories Act, 1948. These rules may include procedural requirements,
administrative guidelines, and regulatory frameworks for effective implementation and enforcement of
factory laws.
Examples:
- Formulation of rules governing the submission of factory plans, layouts, and safety specifications for
approval by regulatory authorities.
- Issuance of rules and guidelines for conducting factory inspections, audits, and assessments of
compliance with health and safety regulations.
28. Section 38: Application of Act to Government Factories:

Explanation: Section 38 extends the application of the Factories Act, 1948, to government-operated
factories, subject to certain modifications and exemptions as specified under the Act. Government
factories are required to comply with health, safety, and welfare provisions to ensure the protection of
workers' rights and well-being.
Examples:
- Compliance of government-operated factories with health and safety standards, including provisions
related to ventilation, lighting, and sanitation.
- Implementation of special measures and exemptions for government factories based on operational
requirements and administrative considerations.
29. Section 39: Certifying Surgeons:

Explanation: Section 39 requires the appointment of certifying surgeons for conducting medical
examinations and health assessments of factory workers as per the provisions of the Factories Act, 1948.
Certifying surgeons play a crucial role in ensuring the health and fitness of workers and certifying their
eligibility for employment in specified occupations or processes.
Examples:
- Appointment of qualified medical practitioners as certifying surgeons for conducting pre-employment
medical examinations and periodic health check-ups of factory workers.
- Issuance of fitness certificates by certifying surgeons based on medical assessments to determine
workers' suitability for specific job roles or tasks.
30. Section 40: Powers of Inspectors:

Explanation: Section 40 delineates the powers and duties of factory inspectors appointed under the
Factories Act, 1948, for enforcing compliance with health, safety, and welfare provisions. Inspectors have
broad powers to enter factory premises, conduct inspections, investigate accidents, and issue directions
for rectifying violations of factory laws.
Examples:
- Conducting routine inspections of factory premises to assess compliance with health and safety
regulations, including machinery safety, fire precautions, and sanitation standards.
- Investigating workplace accidents, injuries, or complaints of unsafe working conditions and taking
necessary enforcement actions to ensure corrective measures are implemented.
31. Section 40A: Power to Direct Medical Examination:

Explanation: Section 40A empowers factory inspectors to direct medical examinations of factory workers
by certifying surgeons to assess their health status and fitness for employment. Inspectors may require
workers to undergo medical examinations as part of routine inspections or investigations into occupational
health issues.
Examples:
- Directing certifying surgeons to conduct medical examinations of workers exposed to hazardous
substances or occupational health risks to assess their fitness for continued employment.
- Requiring medical examinations of workers involved in accidents, injuries, or incidents of ill health to
determine their fitness for resuming work duties.
32. Section 40B: Powers to Deal with Dangerous Machines, etc.:
Explanation: Section 40B grants factory inspectors the authority to deal with dangerous machines,
processes, or operations posing risks to the health and safety of workers. Inspectors may issue directions
to safeguard workers, prohibit the use of hazardous machinery, or take other measures to prevent
accidents or injuries.
Examples:
- Issuing stop-work orders or prohibition notices for machines or equipment deemed unsafe or hazardous to
workers' health.
- Directing employers to implement engineering controls, safety measures, or machine guarding devices to
mitigate risks associated with dangerous machines or operations.
Case Laws and Legal Interpretations:
- Indian Metal and Metallurgical Corporation v. State of Orissa: The Supreme Court emphasized the
importance of compliance with health and safety provisions under the Factories Act, 1948, and held that
employers must ensure the safety and welfare of workers to prevent accidents and injuries.
- National Textile Corporation Ltd. v. Presiding Officer, Labour Court: The High Court ruled in favor of
workers seeking compensation for injuries sustained due to unsafe working conditions, emphasizing
employers' liability to provide a safe work environment as per the provisions of the Factories Act, 1948.
Conclusion:
The Factories Act, 1948, lays down comprehensive provisions for ensuring the health, safety, and welfare of
workers employed in factories. Sections 11 to 40B delineate various aspects of occupational health and
safety, including cleanliness, ventilation, temperature control, dust and fume control, and provisions for
first aid and emergency response. Compliance with these provisions is essential for employers to create a
safe and healthy work environment and prevent accidents, injuries, and occupational diseases.
Understanding the requirements, implementing appropriate measures, and fostering a culture of safety are
imperative for promoting workers' well-being and productivity in the industrial sector.
8. EXPLAIN THE PROCEDURES FOR FIXATION AND REVISION OF MINIMUM WAGES UNDER THE
MINIMUM WAGES ACT,1948.
Procedures for Fixation and Revision of Minimum Wages under the Minimum Wages Act, 1948:
The Minimum Wages Act, 1948, is a crucial piece of legislation aimed at ensuring fair remuneration for
workers employed across various sectors in India. It establishes procedures for the fixation and revision of
minimum wages, which serve as the baseline for ensuring decent living standards for workers. This analysis
will delve into the procedures for fixation and revision of minimum wages under the Minimum Wages Act,
1948, providing examples, references to relevant provisions, and applicable case laws in Indian labour law.
1. Fixation of Minimum Wages:

a. Introduction:
- The fixation of minimum wages is crucial for providing adequate compensation to workers and addressing
disparities in wage rates across different sectors and regions.
- Section 3 of the Minimum Wages Act, 1948, outlines the procedure for the fixation of minimum wages by
appropriate authorities.
b. Procedure for Fixation of Minimum Wages:

i. Notification of Advisory Board (Section 5):
- The appropriate government constitutes Advisory Boards at the central and state levels to advise on the
fixation and revision of minimum wages.
- The Advisory Boards consist of representatives from employers, employees, and independent experts.
- The government notifies the constitution of the Advisory Board through an official gazette notification.
ii. Collection and Examination of Relevant Data (Section 5(1)(a)):
- The Advisory Board collects and examines relevant data pertaining to the cost of living, prevailing wage
rates, and socio-economic factors affecting workers' livelihoods.
- Data collection may involve surveys, studies, consultations with stakeholders, and analysis of economic
indicators.
iii. Factors for Consideration (Section 5(2)):
- The Advisory Board considers various factors, including the skill level of workers, geographical location,
nature of employment, and prevailing market conditions, while recommending minimum wages.
- It aims to strike a balance between the needs of workers for decent living standards and the capacity of
employers to pay.
iv. Consultation with Stakeholders (Section 5(3)):
- The Advisory Board conducts consultations with representatives of employers and employees to gather
inputs and perspectives on minimum wage fixation.
- Consultations may involve hearings, meetings, submissions of memoranda, and deliberations on proposed
wage rates.
v. Recommendation to Government (Section 5(4)):
- Based on the data analysis and stakeholder consultations, the Advisory Board formulates
recommendations for the fixation of minimum wages.
- It submits its recommendations to the appropriate government for consideration and approval.
vi. Notification of Minimum Wages (Section 5(5)):
- The appropriate government reviews the recommendations of the Advisory Board and issues notifications
specifying the minimum wages for different categories of workers.
- The notified minimum wages come into effect on a specified date, typically after publication in the official
gazette.
2. Revision of Minimum Wages:

a. Need for Revision:
- The revision of minimum wages is essential to address changes in the cost of living, inflation rates, and
socio-economic factors impacting workers' purchasing power.
- Section 3(1)(b) of the Minimum Wages Act, 1948, empowers the appropriate government to revise
minimum wages at regular intervals.
b. Procedure for Revision of Minimum Wages:
i. Periodic Review (Section 3(1)(b)):
- The appropriate government periodically reviews the existing minimum wages to assess their adequacy in
meeting the needs of workers.
- Reviews may be conducted annually, biennially, or at longer intervals, depending on prevailing economic
conditions and policy considerations.
ii. Factors for Revision (Section 5(2)):
- Similar to the fixation process, the government considers factors such as changes in the cost of living,
prevailing wage rates, and economic indicators during the revision of minimum wages.
- It may also take into account recommendations from the Advisory Board and feedback from stakeholders.
iii. Consultation and Recommendations (Section 5(3) and (4)):
- The government engages in consultations with employers, employees, trade unions, and other
stakeholders to gather inputs on the need for wage revision.
- It may seek recommendations from the Advisory Board or expert committees constituted for this purpose.
iv. Review of Economic Indicators:
- The government analyzes relevant economic indicators, including inflation rates, consumer price indices,
and wage growth trends, to assess the impact on workers' purchasing power.
- Economic data and forecasts help inform decisions regarding the quantum of wage revision needed to
maintain parity with living costs.
v. Notification of Revised Minimum Wages (Section 5(5)):
- Upon completion of the revision process, the appropriate government issues notifications specifying the
revised minimum wages for different categories of workers.
- The revised wage rates come into effect on a specified date, as mentioned in the official gazette
notification.

a. Indian Metal & Metallurgical Corporation v. Workmen:
- The Supreme Court held that minimum wages should be fixed at levels ensuring not merely physical
subsistence but also the preservation of efficiency and providing for some measure of education, medical
requirements, and amenities.
b. Unichoyi v. State of Kerala:
- The Kerala High Court emphasized that minimum wages should be fixed at levels sufficient to cover the
basic needs of workers and their families, including food, clothing, housing, education, and healthcare.
Conclusion:
The procedures for fixation and revision of minimum wages under the Minimum Wages Act, 1948, are vital
for ensuring fair remuneration and decent living standards for workers. By following a systematic process
involving data analysis, stakeholder consultations, and periodic reviews, the government aims to strike a
balance between the needs of workers and the capacity of employers to pay. Upholding the principles of
social justice and equity, minimum wage fixation contributes to poverty alleviation, economic development,
and social welfare in India.
9.DISCUSS THE CONCEPT OF BONUS AND SALIENT FEATURES OF THE PAYMENT OF THE
BONUS ACT 1965.
Concept of Bonus and Salient Features of the Payment of Bonus Act, 1965:
Bonus payments serve as a significant component of remuneration in the employment landscape, often
acting as a tool to incentivize and reward employees for their contributions. The Payment of Bonus Act,
1965, governs the payment of bonus to employees in various industries, aiming to ensure fairness and
transparency in bonus distribution. This comprehensive analysis will explore the concept of bonus, delve
into the salient features of the Payment of Bonus Act, 1965, and provide insights into relevant provisions,
examples, and case laws from Indian labour law.
1. Concept of Bonus:
a. Definition and Purpose:
Bonus, in essence, represents an additional form of compensation provided to employees beyond their
regular wages or salaries. It serves multiple purposes, including incentivizing performance, recognizing
employee contributions, and fostering motivation and loyalty within the workforce. Bonuses can take
various forms, such as performance-based bonuses, profit-sharing bonuses, or special occasion bonuses
like festival bonuses.
b. Legal Framework:
The concept of bonus finds its legal framework in statutes like the Payment of Bonus Act, 1965, which
establishes rules and regulations for the payment of bonuses by employers to their employees. This Act
ensures that bonuses are disbursed fairly and equitably, setting guidelines for computation, payment, and
dispute resolution.
c. Examples:
- Performance Bonus: A sales executive receiving a bonus based on exceeding quarterly sales targets.
- Profit-sharing Bonus: Employees of a company receiving a bonus calculated as a percentage of the
company's annual profits.
- Festival Bonus: Workers in a factory receiving a bonus during festive seasons like Diwali or Christmas.
- Retention Bonus: Key employees offered a bonus to incentivize them to stay with the company during a
critical period.
2. Salient Features of the Payment of Bonus Act, 1965:

- The Act applies to every factory where 10 or more persons are employed and to other establishments
where 20 or more persons are employed on any day during an accounting year.
b. Definitions (Section 2):
- The Act defines crucial terms like 'bonus,' 'employee,' 'employer,' 'allocable surplus,' and 'salary or wage.'
These definitions provide clarity and ensure consistent interpretation of the Act's provisions.
c. Computation of Bonus (Section 10):
- Bonus is computed based on the allocable surplus, which is calculated after making specified deductions
from the gross profits of the establishment.
- The Act provides a formula for computing bonus, taking into account factors like the employer's available
surplus, allocable surplus, and maximum bonus limit.
d. Payment of Minimum Bonus (Section 10):
- Every employee is entitled to receive a minimum bonus, irrespective of the profits earned by the employer.
- The minimum bonus payable is 8.33% of the salary or wage earned by the employee during the accounting
year, or Rs. 100, whichever is higher.
e. Payment of Maximum Bonus (Section 11):

- The Act limits the maximum bonus payable to employees to 20% of the salary or wage earned during the
accounting year.
- However, if the allocable surplus permits, employers may pay a higher bonus, subject to certain conditions
specified under the Act.
f. Set-on and Set-off of Allocable Surplus (Section 15):
- Employers are allowed to set-off excess bonus paid in previous years against the allocable surplus of the
current year.
- This provision provides flexibility to employers in managing bonus payments based on financial
performance and surplus availability.
g. Time Limit for Payment (Section 19):
- Employers are mandated to pay bonus to eligible employees within eight months from the close of the
accounting year.
- Failure to comply with the time limit attracts penalties and legal consequences under the Act.
h. Maintenance of Registers and Records (Section 26):
- Employers are required to maintain prescribed registers and records related to bonus payments, including
details of allocable surplus, bonus calculations, and payments made to employees.
- This provision ensures transparency, accountability, and compliance with statutory requirements.
i. Disputes and Grievances (Sections 21 and 22):
- The Act provides mechanisms for the settlement of disputes and grievances related to bonus payments
through conciliation, arbitration, or adjudication.
- It ensures access to justice and redressal for employees aggrieved by non-payment or underpayment of
bonus.
j. Inspection and Enforcement (Section 27):
- Designated authorities are empowered to inspect establishments, examine records, and enforce
compliance with the provisions of the Act.
- This enables regulatory oversight and enforcement to ensure fair and lawful bonus payments by
employers.
k. Penalties for Non-compliance (Section 28):
- Employers contravening statutory provisions, including failure to pay bonus, maintain records, or comply
with inspection orders, may face penalties.
- Penalties may include fines, imprisonment, or other punitive measures as prescribed under the Act.

a. Muir Mills Co. Ltd. v. Suti Mills Mazdoor Union (1955):
- The Supreme Court held that bonus is a payment in the nature of profit-sharing and forms part of the
remuneration for services rendered by the employee.
- The judgment emphasized that bonus payments should be linked to the profitability of the establishment
and its ability to pay.
b. Shahdara (Delhi) Saharanpur Light Railway Co. Ltd. v. A.C. Mitchell (1954):
- The court ruled that bonus should be calculated on the basis of net profits after deducting all legitimate
business expenses.
- This case underscores the principle that bonus payments should be fair and reasonable, taking into
account the financial position of the employer.
Conclusion: The Payment of Bonus Act, 1965, plays a crucial role in regulating bonus payments and
ensuring fair compensation to employees in India. By elucidating the concept of bonus, highlighting the
salient features of the Act, and providing insights into relevant provisions, examples, and case laws, this
analysis offers a comprehensive understanding of the legal framework governing bonus payments.
Upholding principles of equity, fairness, and social justice, the Act contributes to fostering harmonious
industrial relations and promoting the welfare of workers in the country.
11.DISCUSS THE CONCEPT OF WAGES. WHAT IS THE CONSTITUTIONAL GOAL WITH REGARD
TO WAGES
Concept of Wages and Constitutional Goals in Indian Labour Law:

Wages are the financial compensation paid by employers to employees in exchange for the labor and
services they provide. In India, the concept of wages is not only governed by statutory laws but also guided
by constitutional principles aimed at ensuring fair remuneration and social justice. This comprehensive
analysis will explore the concept of wages, elucidate the constitutional goals concerning wages in India,
and provide insights into relevant acts, provisions, examples, and case laws from Indian labour law.
1. Concept of Wages:
a. Definition and Components:
Wages encompass various forms of remuneration provided to workers, including salaries, allowances,
bonuses, incentives, and other monetary benefits. These payments can be made on a regular basis, such as
hourly, daily, weekly, or monthly, depending on the terms of employment.
b. Statutory Framework:
The Payment of Wages Act, 1936, is a key legislation in India that governs the payment of wages to
workers. It ensures timely and full payment of wages, prohibits unauthorized deductions, and provides
mechanisms for redressal of wage-related grievances.
c. Examples:
- Basic Salary: The fixed amount paid to an employee for their regular work hours.
- Allowances: Additional payments made to cover expenses such as housing, transportation, or food.
- Overtime Pay: Additional compensation provided for work done beyond normal working hours.
- Bonus: Supplementary payments made based on performance, productivity, or company profits.
- Deductions: Amounts withheld from wages for taxes, insurance, or other statutory obligations.
2. Constitutional Goals with Regard to Wages:

a. Directive Principles of State Policy (DPSP):
- Article 39 of the Indian Constitution lays down certain principles of policy to be followed by the State,
including ensuring that workers receive adequate wages and are not exploited.
- The DPSPs provide a guiding framework for the formulation of laws and policies related to wages,
emphasizing social justice and economic equality.
b. Right to Equality (Article 14):
- Article 14 ensures equality before the law and equal protection of laws to all citizens.
- In the context of wages, this principle prohibits discrimination in wage payments based on factors such as
gender, religion, caste, or ethnicity.
c. Right to Livelihood (Article 21):
- Article 21 guarantees the right to life and personal liberty, which includes the right to livelihood and fair
wages.It implies that every individual has the right to earn a decent living through fair and equitable wages
for their labor.
d. Right Against Exploitation (Article 23):
- Article 23 prohibits forced labor and trafficking in human beings.
- It ensures that workers are not subjected to exploitative practices such as bonded labor or wage slavery,
and are paid fair wages for their work.
e. Case Laws and Legal Interpretations:

i. Standard Vacuum Refining Co. of India Ltd. v. Its Workmen (1960):
- The Supreme Court held that wages must be paid not only for the actual work done but also for the
waiting time during which the worker is ready and willing to work.This judgment emphasized the principle
of fair compensation for the time and effort expended by workers.
ii. Unichoyi v. State of Kerala (1961):

- The Supreme Court held that deductions made by employers from workers' wages must be authorized by
law or agreed upon by the workers themselves.
- This case reaffirmed the right of workers to receive their wages without unauthorized deductions.
iii. Bridge & Roof Co. (India) Ltd. v. Union of India (1963):
- The Supreme Court held that employers are obligated to pay overtime wages to workers for work done
beyond normal working hours.
- This judgment underscored the importance of honoring contractual obligations and statutory provisions
regarding wage payments.
Conclusion:
The concept of wages in Indian labour law encompasses various forms of remuneration provided to
workers, guided by statutory laws and constitutional principles aimed at ensuring social justice and
economic equality. By elucidating the concept of wages, exploring constitutional goals concerning wages,
and providing insights from relevant acts, provisions, examples, and case laws, this analysis offers a
comprehensive understanding of the legal framework governing wage payments in India. Upholding
principles of fairness, equality, and social welfare, the Indian legal system strives to protect the rights and
interests of workers and promote a just and equitable society.
11.DISCUSS THE PROVISION RELATING TO “SAFETY” UNDER THE FACTORIES ACT 1948.
Provisions Relating to Safety under the Factories Act, 1948:

The Factories Act, 1948, serves as a crucial legislation in India aimed at ensuring the health, safety, and
welfare of workers employed in factories. Safety provisions under this Act play a pivotal role in
safeguarding workers from occupational hazards and accidents. This comprehensive analysis will delve into
the provisions relating to safety under the Factories Act, 1948, highlighting key sections, examples,
relevant acts from Indian labour law, and case laws where applicable.
1. Safety Provisions under the Factories Act, 1948:

a. Section 21: Fencing of Machinery:
- Section 21 mandates that all dangerous machinery in factories must be securely fenced to prevent
accidents.
- This provision aims to protect workers from injuries caused by moving machinery parts.
- Example: In a textile factory, the power looms must be enclosed with protective fencing to prevent
workers from coming into direct contact with moving parts.
b. Section 22: Work on or Near Machinery in Motion:
- Section 22 prohibits workers from performing any work on or near machinery while it is in motion, except
under certain specified conditions.
- This provision aims to minimize the risk of accidents and injuries caused by inadvertent contact with
moving machinery.
- Example: A maintenance worker must shut down a conveyor belt before performing repair work to comply
with Section 22.
c. Section 23: Employment of Young Persons on Dangerous Machines:
- Section 23 prohibits the employment of young persons (below 18 years) on dangerous machinery unless
adequate precautions are taken to ensure their safety.
- Employers are required to provide suitable training and supervision to young workers to mitigate risks.
- Example: A factory employing adolescent workers on heavy machinery must provide safety training and
appoint supervisors to ensure compliance with Section 23.
d. Section 24: Striking Gear and Devices for Cutting Off Power:
- Section 24 mandates the provision of suitable striking gear or other devices to cut off power in
emergencies or during maintenance work.
- This provision helps prevent accidents by enabling workers to quickly shut down machinery in case of
emergencies.
- Example: Emergency stop buttons installed near machinery allow workers to immediately cut off power in
case of entanglement or other hazards.
e. Section 25: Self-acting Machines:
- Section 25 requires self-acting machines to be safeguarded to prevent accidents.
- Employers must provide efficient mechanical safeguards such as interlocking devices or automatic stops.
- Example: A conveyor belt equipped with sensors that automatically stop the belt if a worker's hand comes
too close to moving parts.
f. Section 26: Casing of New Machinery:
- Section 26 mandates that all new machinery must be properly encased or guarded to prevent access to
dangerous parts.
- Employers are responsible for ensuring that new machinery meets safety standards before being put into
operation.
- Example: A factory installing a new hydraulic press must ensure that it is fitted with appropriate guards to
comply with Section 26.
g. Section 27: Prohibition of Use of Certain Types of Machinery:
- Section 27 empowers the State Government to prohibit the use of certain types of machinery deemed
dangerous to workers' safety.
- This provision enables regulatory authorities to intervene and prevent the use of hazardous equipment in
factories.
- Example: The State Government may prohibit the use of outdated or malfunctioning machinery posing
risks to workers' safety under Section 27.
h. Section 28: Hoists and Lifts:
- Section 28 mandates regular inspection and maintenance of hoists and lifts used in factories to ensure
their safe operation.
- Employers are required to appoint competent persons to conduct inspections and keep records of
maintenance activities.
- Example: A factory employing goods lifts must schedule periodic inspections and maintenance checks as
per Section 28 requirements.
i. Section 29: Lifting Machines, Chains, Ropes, and Lifting Tackles:
- Section 29 mandates proper examination and testing of lifting machines, chains, ropes, and tackles used
in factories to ascertain their safety.
- Employers must ensure that lifting equipment meets prescribed standards and is certified safe for use.
- Example: A factory using overhead cranes must subject them to periodic testing and certification as per
Section 29 guidelines.
j. Section 30: Revolving Machinery:
- Section 30 requires the provision of suitable guards or enclosures for revolving machinery to prevent
accidents.
- Employers must ensure that workers are protected from the risk of entanglement or contact with rotating
parts.
- Example: A factory with rotating shafts or flywheels must install guards to cover exposed parts and
comply with Section 30.
k. Section 31: Pressure Plant:
- Section 31 mandates proper examination and testing of pressure vessels and boilers used in factories to
ensure their safety.
Conclusion:
Safety provisions under the Factories Act, 1948, play a crucial role in protecting the health and well-being
of workers employed in factories across India. By elucidating key sections, providing examples, and
highlighting the importance of compliance with safety regulations, this analysis offers insights into the
legal framework governing safety in factories. Upholding principles of occupational health and safety, the
Act aims to prevent accidents, mitigate risks, and promote a safe working environment for all workers.
Compliance with safety provisions not only ensures legal adherence but also contributes to enhanced
productivity, reduced absenteeism, and improved employee morale in the industrial sector.
12.EXPLAIN THE SALIENT FEATURES OF EMPLOYEES PROVIDENT FUNDS & MISCELLANEOUS

PROVISIONS ACT.1952
Salient Features of the Employees Provident Funds & Miscellaneous Provisions Act, 1952:
The Employees Provident Funds & Miscellaneous Provisions Act, 1952, is a landmark legislation in India
aimed at providing social security to workers by ensuring the accumulation of savings for their post-
retirement financial security. This comprehensive analysis will explore the salient features of the Act,
elucidate its key provisions, provide examples, discuss relevant acts from Indian labour law, and highlight
case laws where applicable.
1. Establishment of Provident Fund:

a. Section 3: Establishment of Provident Fund:
- The Act mandates the establishment of a provident fund for employees in certain industries and
establishments.
- Employers are required to contribute to the fund on behalf of their employees, ensuring savings for their
future financial security.
b. Examples:
- A manufacturing company establishes a provident fund for its employees to contribute a portion of their
salary towards savings for retirement.
- A government agency sets up a provident fund scheme for its employees to accumulate savings during
their service tenure.
2. Contributions to Provident Fund:

a. Section 6: Contributions to the Fund:
- Both the employer and the employee are required to make contributions to the provident fund.
- The employee's contribution is deducted from their salary, while the employer contributes an equal or
higher amount.
b. Section 7A: Recovery of Contributions:
- Employers are responsible for deducting the employee's contribution from their salary and depositing it
into the provident fund.
- Failure to deposit contributions within the specified timeframe attracts penalties and legal consequences.
c. Example:
- An employee's monthly salary slip reflects deductions for provident fund contributions, which are then
deposited into the provident fund account maintained by the employer.
3. Management of Provident Fund:

a. Section 5: Constitution of the Board of Trustees:
- The Act provides for the constitution of a Board of Trustees to manage the provident fund.
- The Board oversees fund management, investment decisions, and disbursement of benefits to
beneficiaries.
b. Section 14: Administration of the Fund:

- The fund is administered by the Employees' Provident Fund Organization (EPFO), a statutory body
established under the Act.
- EPFO manages the day-to-day operations of the fund, including collection, investment, and disbursement
of funds.
c. Examples:
- A Board of Trustees comprising representatives from both employers and employees is formed to oversee
the management of the provident fund.
- EPFO, as the administrative authority, ensures compliance with statutory requirements, maintains
records, and facilitates the transfer of funds between employers and employees.
4. Withdrawal and Settlement of Provident Fund:

a. Section 8: Withdrawal of Provident Fund:
- The Act allows employees to withdraw their provident fund accumulations under certain specified
conditions, such as retirement, resignation, or financial emergencies.
- Withdrawals are subject to prescribed rules and procedures established by EPFO.
b. Section 14B: Settlement of Provident Fund:
- In the event of an employee's exit from employment, EPFO facilitates the settlement of their provident
fund accumulations.
- EPFO ensures timely disbursement of funds to the employee or their nominees, as applicable.
c. Examples:
- An employee resigns from their job and applies for withdrawal of their provident fund accumulations to
meet urgent financial needs.
- A retired employee submits a settlement claim to EPFO for the release of their provident fund balance to
support their post-retirement expenses.
5. Interest on Provident Fund:

a. Section 7: Interest on Provident Fund:
- The Act provides for the payment of interest on provident fund accumulations at a rate determined by the
Central Government.
- Interest is credited to the employees' provident fund accounts annually, ensuring growth and
accumulation of savings.
b. Example:
- EPFO credits interest at the prescribed rate to employees' provident fund accounts at the end of each
financial year, thereby enhancing the value of their savings.
6. Penalties for Non-Compliance:

a. Section 14A: Penalties for Offenses:
- The Act prescribes penalties for non-compliance with its provisions, including failure to deposit
contributions, maintain records, or submit returns.
- Penalties may include fines, prosecution, or other punitive measures as deemed appropriate.
b. Example:
- An employer failing to deposit employees' provident fund contributions within the specified timeframe
may be liable for penalties under Section 14A.
7. Case Laws: a. Manipal Academy of Higher Education v. Regional Provident Fund Commissioner (2019):
- In this case, the Karnataka High Court held that contributions made by an employer towards employee
provident fund are part of the employee's wages and cannot be arbitrarily reduced or withdrawn..The
judgment emphasized the statutory obligation of employers to contribute to the provident fund and the
entitlement of employees to receive their full contributions.
b. Indian Aluminium Co. Ltd. v. Their Workmen (1977):

- The Supreme Court held that employees' provident fund contributions form an integral part of their wages
and cannot be withheld by the employer.
- The judgment underscored the importance of timely deposit of contributions and the fiduciary
responsibility of employers towards their employees' financial security.
Conclusion:
The Employees Provident Funds & Miscellaneous Provisions Act, 1952, stands as a cornerstone in India's
social security framework, providing a safety net for workers' post-retirement financial security. Through
its salient features, including establishment of provident fund, contributions, management, withdrawal and
settlement, interest, and penalties for non-compliance, the Act ensures the accumulation and protection of
workers' savings. Upholding principles of equity and social justice, the Act safeguards the interests of
employees and promotes a culture of financial prudence and security in the workforce.
13.EXPLAIN THE SALIENT FEATURES OF MATERINITY BENEFITS ACT 1961
Salient Features of the Maternity Benefits Act, 1961:
The Maternity Benefits Act, 1961, is a landmark legislation in India aimed at ensuring the health and welfare
of women employees during pregnancy and childbirth. It provides for maternity benefits such as paid leave,
medical benefits, and nursing breaks, with the objective of promoting gender equality and protecting the
rights of women in the workforce. This comprehensive analysis will explore the salient features of the Act,
elucidate its key provisions, provide examples, discuss relevant acts from Indian labour law, and highlight
1. Entitlement to Maternity Benefits:

a. Section 5: Right to Maternity Benefit:
- The Act grants every woman employee the right to maternity benefits, including paid maternity leave,
medical allowances, and nursing breaks.
- Employers are mandated to provide these benefits to eligible women employees during their pregnancy
and childbirth.
b. Section 4: Qualifying Conditions:

- To be eligible for maternity benefits under the Act, a woman must have worked for her employer for a
specified period preceding her expected delivery date.
- This provision ensures that only women who have contributed to the workforce are entitled to maternity
benefits.
c. Examples:
- A female employee working in a corporate organization is entitled to maternity benefits, including paid
leave and medical allowances, upon fulfilling the qualifying conditions specified under the Act.
- A woman employed in a factory becomes eligible for maternity benefits after completing the minimum
duration of service required under Section 4.
2. Maternity Leave:
a. Section 6: Duration of Maternity Leave:
- The Act provides for a certain period of maternity leave, which may vary based on the nature of the
employment and other factors.
- Employers are required to grant maternity leave to women employees for a specified period before and
after childbirth.
b. Section 7: Payment During Maternity Leave:

- While on maternity leave, women employees are entitled to receive payment at a rate specified by law or
as per the terms of their employment contract.
- Employers must ensure that women receive their full wages or salary during the maternity leave period.
c. Examples:
- A woman working in a government office is entitled to 26 weeks of maternity leave under the Act, with full
payment of wages during the leave period.
- An employee in the private sector is granted 12 weeks of maternity leave with full salary as per the terms
of her employment contract and the provisions of the Act.
3. Medical Benefits:
a. Section 8: Medical Allowance:
- The Act provides for medical allowances to cover the expenses of prenatal and postnatal care, including
medical examinations, consultations, and treatment.
- Employers are required to reimburse women employees for medical expenses related to maternity care.
b. Section 9: Leave for Medical Examination:
- Women employees are entitled to take leave for medical examinations related to their pregnancy and
childbirth, without loss of pay.
- Employers must grant leave for medical check-ups as requested by women during their maternity period.
c. Examples:
- A pregnant employee is reimbursed for the expenses incurred during prenatal check-ups, ultrasound
scans, and other medical tests as per the provisions of the Act.
- A woman takes leave from work to attend medical appointments with her obstetrician during her
pregnancy, with no deduction from her salary as provided under Section 9.
4. Nursing Breaks:
a. Section 11: Nursing Breaks:
- Women employees are entitled to nursing breaks during their work hours to breastfeed or express milk for
their infants.
- Employers must provide suitable facilities for nursing mothers to express milk in privacy and ensure a
conducive environment for breastfeeding.
b. Section 12: Creche Facilities:
- Employers with a certain number of women employees are required to provide creche facilities within the
workplace or in close proximity.
- Creches must be adequately equipped with amenities for the care and supervision of infants during
working hours.
c. Examples:
- A working mother is granted nursing breaks during her work hours to breastfeed her infant or express
milk in a designated lactation room provided by her employer.
- A company establishes an on-site creche facility for its employees' infants, equipped with trained staff,
breastfeeding facilities, and age-appropriate amenities.
5. Prohibition of Dismissal:
a. Section 12A: Prohibition of Dismissal:
- The Act prohibits employers from dismissing or discharging women employees during their maternity
leave period.
- Any termination of employment during this period is considered unlawful and attracts penalties under the
Act.
b. Section 12B: Right to Return to Work:
- Women employees who have availed maternity leave are entitled to return to their previous position or an
equivalent position with the same pay and benefits.
- Employers must reinstate women employees after their maternity leave period and ensure continuity of
employment.
c. Examples:
- An employer terminates the employment of a pregnant employee, citing her pregnancy as the reason. This
action is deemed unlawful under Section 12A of the Act.
- A woman returns to work after her maternity leave and is reinstated to her previous position with the same
salary and benefits as per Section 12B.
6. Case Laws:
a. Air India v. Nergesh Meerza (1981):
- The Supreme Court held that the right to maternity benefits under the Act is a fundamental right
guaranteed to women employees, and any denial or curtailment of these benefits constitutes a violation of
their constitutional rights.
- The judgment reaffirmed the importance of maternity benefits in protecting the health and welfare of
women employees.
b. Municipal Corporation of Delhi v. Female Workers (2000):
- The Delhi High Court ruled that the provision of maternity benefits, including paid leave and medical
allowances, is mandatory for employers under the Act, and any failure to comply with these provisions
amounts to exploitation and discrimination against women workers.
- The judgment emphasized the need for strict enforcement of maternity benefits to promote gender
equality and workplace justice.
Conclusion:
The Maternity Benefits Act, 1961, plays a pivotal role in safeguarding the health, welfare, and rights of
women employees during pregnancy and childbirth. Through its salient features, including entitlement to
maternity benefits, maternity leave, medical benefits, nursing breaks, and prohibition of dismissal, the Act
seeks to promote gender equality, protect women's rights, and ensure workplace justice. Compliance with
the Act's provisions is essential for employers to create a supportive and inclusive work environment
conducive to the well-being and empowerment of women in the workforce.
14.What are the main features of payment of wages Act 1936?
Main Features of the Payment of Wages Act, 1936:

The Payment of Wages Act, 1936, is a significant legislation in India designed to regulate the payment of
wages to workers employed in various industries and establishments. It aims to ensure timely payment of
wages, prevent unauthorized deductions, and provide for enforcement mechanisms to protect the rights of
workers. This comprehensive analysis will delve into the main features of the Act, with a detailed
explanation of sections 3, 4, 5, and 7(2), along with examples, relevant acts from Indian labour law, and
1. Section 3: Responsibility for Payment of Wages:

a. Overview:
- Section 3 of the Payment of Wages Act, 1936, specifies the responsibility for the payment of wages to
workers employed in factories, industrial establishments, and other sectors.
- It mandates that the employer is primarily responsible for the payment of wages to employees and
imposes obligations regarding the frequency, mode, and accuracy of wage payments.
b. Key Provisions:
- Employers are required to pay wages directly to workers on the regular payday or within the prescribed
time limit.
- Wages must be paid in legal tender currency or through electronic transfer as approved by the
appropriate government.
- Deductions from wages are permitted only under specific circumstances and are subject to legal
restrictions.
c. Examples:
- A factory owner pays wages to his workers in cash on the last working day of every month, as mandated
by Section 3 of the Act.
- An IT company transfers salaries to its employees' bank accounts through electronic funds transfer (EFT)
on the first day of each month, complying with the Act's provisions.
2. Section 4: Fixation of Wage Periods:

a. Overview:
- Section 4 of the Act deals with the fixation of wage periods, specifying the intervals at which wages are to
be paid to workers.
- It ensures that workers receive regular and predictable payments, enabling them to meet their financial
obligations and plan their expenses effectively.
b. Key Provisions:
- The Act allows for the fixation of wage periods not exceeding one month, as prescribed by the appropriate
government.
- Employers are required to establish clear wage periods and adhere to them consistently throughout the
employment relationship.
- Any changes to the wage period must be communicated to workers in advance, with appropriate
adjustments made to ensure compliance.
c. Examples:
- A construction company pays its workers wages on a weekly basis, in accordance with the wage period
fixed by the state government for the construction industry.
- A retail store adopts a bi-monthly wage period for its employees, with salaries disbursed on the 15th and
last day of each month, as per the Act's provisions.
3. Section 5: Time of Payment of Wages:

a. Overview:
- Section 5 of the Act prescribes the time within which wages must be paid to workers after the end of the
wage period.
- It ensures prompt payment of wages, preventing delays that may cause financial hardship or
inconvenience to workers.
b. Key Provisions:
- Wages must be paid within seven days after the end of the wage period, where the number of workers
does not exceed 1,000.
- In cases where the number of workers exceeds 1,000, wages must be paid within ten days after the end of
the wage period.
- Employers failing to make timely payments are liable for penalties under the Act, including fines and legal
proceedings.
c. Examples:
- A small-scale manufacturing unit with 500 employees disburses wages within seven days of the end of
each wage period, as mandated by Section 5 of the Act.
- A large textile mill employing over 2,000 workers ensures payment of wages within ten days of the end of
the wage period, in compliance with the Act's provisions.
4. Section 7(2): Deductions Permitted:

a. Overview:
- Section 7(2) of the Act enumerates the deductions that are permissible from wages under specific
circumstances.
- It regulates deductions to ensure that they are fair, lawful, and do not unduly burden workers or infringe
upon their rights.
b. Key Provisions:
- Deductions are permitted for reasons such as fines, absence from duty, damage or loss of goods
entrusted to the employee, or accommodation provided by the employer.
- The total amount of deductions in any wage period must not exceed 75% of the worker's wages, subject
to certain exceptions.
- Employers are required to maintain accurate records of deductions made and provide statements
detailing the reasons for each deduction.
c. Examples:
- An employee is fined for violating company policies, and the fine amount is deducted from her wages in
accordance with Section 7(2) of the Act.
- A worker receives an advance payment from his employer for accommodation provided, with the amount
deducted from his subsequent wages as permitted by the Act.
5. Relevant Acts and Case Laws:

a. Factories Act, 1948:
- The Factories Act, 1948, complements the Payment of Wages Act by regulating employment conditions,
safety standards, and welfare measures in factories.
b. Payment of Bonus Act, 1965:
- The Payment of Bonus Act, 1965, ensures the payment of annual bonuses to eligible employees,
supplementing their regular wages and enhancing their financial well-being.
c. Case Law:
- Central India Spinning, Weaving, and Manufacturing Company Ltd. v. State of Madhya Pradesh (1957):
- In this case, the Supreme Court upheld the constitutionality of the Payment of Wages Act, 1936,
affirming its provisions for timely payment of wages, fixation of wage periods, and regulation of
deductions.
- The judgment emphasized the importance of protecting workers' rights and ensuring fair and just
employment practices.
Conclusion:
The Payment of Wages Act, 1936, stands as a cornerstone in India's labour legislation, safeguarding the
rights and interests of workers in relation to wage payments. Through its provisions on responsibility for
payment of wages, fixation of wage periods, time of payment, and permissible deductions, the Act seeks to
ensure timely and fair remuneration for labour. Compliance with the Act's provisions is essential for
employers to uphold principles of equity, justice, and social responsibility in their employment practices,
thereby fostering a conducive and harmonious work environment.
15.HAZARDOUS ACTIVITY
Understanding Hazardous Activities in Indian Labour Law:

Hazardous activities refer to tasks or operations that pose a significant risk of harm to workers' health,
safety, or well-being due to various factors such as exposure to dangerous substances, high levels of
physical exertion, or the presence of hazardous machinery. In India, the regulation of hazardous activities is
governed by several laws and regulations aimed at protecting workers from occupational hazards. This
analysis will explore hazardous activities in the context of Indian labour law, providing examples, citing
relevant acts, referencing provisions, and highlighting pertinent case laws.
1. Definition of Hazardous Activities:

Hazardous activities encompass a wide range of tasks and industries where workers are exposed to
potential risks that could result in injury, illness, or death. These activities may include working with
hazardous chemicals, operating heavy machinery, working at heights, or exposure to extreme temperatures
or noise levels. The classification of activities as hazardous is based on their potential to cause harm to
workers' health and safety.
2. Laws Governing Hazardous Activities:

a. Factories Act, 1948 (Section 2(cb)):
- The Factories Act, 1948, defines hazardous processes as any process or activity in a factory that involves
the use, handling, or generation of substances likely to cause injury or disease to workers.
- Section 87 of the Act imposes strict regulations on hazardous processes, including provisions for the
fencing of machinery, ventilation systems, and protective gear for workers.
b. Mines Act, 1952:
- The Mines Act, 1952, regulates the working conditions in mines, including safety measures, ventilation,
and welfare facilities for miners.
- Section 45 of the Act prohibits the employment of women in underground mines or in any part of a mine
where work is performed above ground and is likely to expose them to bodily injury, dust, or fumes.
c. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act,
1996:
- This Act provides for the welfare and safety of construction workers and regulates their employment
conditions.
- Section 23 of the Act mandates safety measures at construction sites, including the provision of
personal protective equipment, safety harnesses, and training for workers.
3. Examples of Hazardous Activities:

a. Chemical Handling in Factories:
- Workers involved in handling hazardous chemicals in factories, such as acids, solvents, or pesticides, are
exposed to risks of chemical burns, respiratory issues, and poisoning.
- Example: Workers in a chemical manufacturing plant handling toxic substances without proper
protective gear or ventilation systems.
b. Mining Operations:
- Miners working in underground mines face risks of cave-ins, explosions, and exposure to harmful gases
such as methane and carbon monoxide.
- Example: Coal miners operating in deep underground mines without adequate safety measures or
emergency evacuation plans.
c. Construction Work at Heights:
- Construction workers performing tasks at heights, such as roofing, scaffolding, or window cleaning, are
at risk of falls and injuries.
- Example: Roofing contractors working on steeply pitched roofs without proper scaffolding or fall
protection systems.
4. Provisions for Worker Protection:

a. Safety Measures:
- Various laws mandate safety measures such as the provision of personal protective equipment (PPE),
safety harnesses, guardrails, and emergency response systems.
- Example: Section 21 of the Factories Act requires the fencing of machinery to prevent accidents caused
by contact with moving parts.
b. Health Monitoring:
- Employers are required to conduct regular health monitoring of workers exposed to hazardous
substances or conditions to detect early signs of illness or injury.
- Example: Regular medical examinations for workers exposed to asbestos in factories or construction
sites.
c. Training and Awareness:

- Employers must provide training and awareness programs to workers on the hazards associated with
their work and how to mitigate risks effectively.
- Example: Training sessions on safe handling practices for workers involved in the transportation and
storage of hazardous chemicals.
5. Case Laws:
a. Indian Metals and Ferro Alloys Ltd. v. Presiding Officer, Labour Court (2006):
- In this case, the Supreme Court held that employers must ensure the safety of workers engaged in
hazardous activities and provide adequate protective measures to prevent accidents and injuries.
- The judgment emphasized the employer's duty of care towards workers and the importance of strict
adherence to safety regulations.
b. Rajasthan State Mines and Minerals Ltd. v. Union of India (2011):
- The High Court ruled that mining companies must implement comprehensive safety measures, including
proper ventilation systems and emergency evacuation plans, to protect miners from hazards such as gas
leaks and cave-ins.
- The judgment highlighted the significance of proactive safety measures in high-risk industries like
mining.
Conclusion:
Hazardous activities pose significant risks to the health and safety of workers, necessitating stringent
regulations and protective measures. Indian labour laws, including the Factories Act, Mines Act, and
Construction Workers Act, contain provisions aimed at safeguarding workers from occupational hazards in
various industries. Employers must ensure compliance with these laws by implementing safety measures,
providing training and awareness programs, and conducting regular health monitoring of workers exposed
to hazardous activities. By prioritizing worker protection and adherence to safety regulations, employers
can create safer and healthier work environments conducive to employee well-being and productivity.
16.PROVIDENT FUND
Understanding Provident Fund in Indian Labour Law

The Provident Fund (PF) is a key component of social security measures in India aimed at providing financial
stability to employees after retirement. It serves as a long-term savings instrument where both employees
and employers contribute a portion of the employee's salary towards the fund. This analysis will delve into
the Provident Fund system in Indian labour law, including examples, relevant acts, provisions, and case laws
where applicable.
1. Overview of Provident Fund:

The Provident Fund is a statutory retirement savings scheme established under the Employees' Provident
Funds and Miscellaneous Provisions Act, 1952. It aims to provide financial security to employees upon
retirement, ensuring a steady stream of income post-employment. The PF scheme is administered by the
Employees' Provident Fund Organisation (EPFO), a statutory body under the Ministry of Labour and
Employment.
2. Acts Governing Provident Fund:

a. Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act):
- The EPF Act governs the establishment, management, and regulation of Provident Fund schemes for
employees across various industries and establishments.
- Key provisions of the EPF Act include rules regarding contributions, interest rates, withdrawal, and
pension benefits.
b. Employees' Pension Scheme, 1995 (EPS):
- The EPS is a supplementary scheme under the EPF Act that provides pension benefits to employees
covered under the EPF scheme.
- It ensures a regular pension income for retired employees and their dependents.
3. Provisions of Provident Fund:

a. Section 6: Contributions to the Fund:
- Section 6 of the EPF Act mandates both employers and employees to make contributions to the
Provident Fund.
- Employers are required to deduct a specified percentage of the employee's salary and contribute an
equal amount to the fund.
b. Section 7A: Recovery of Contributions:
- Section 7A empowers EPFO to recover unpaid contributions from employers through legal proceedings.
- It ensures timely deposit of contributions into the Provident Fund, safeguarding the interests of
employees.
c. Section 14: Administration of the Fund:
- Section 14 outlines the administrative framework for managing the Provident Fund, including the
establishment of a Board of Trustees.
- EPFO oversees the day-to-day operations of the fund, including collection, investment, and
disbursement of funds.
4. Examples of Provident Fund:

a. Monthly Salary Deductions:
- An employee earning a monthly salary of Rs. 30,000 contributes 12% of their basic salary (Rs. 3,600)
towards Provident Fund, with the employer matching the contribution.
- The total contribution of Rs. 7,200 is deposited into the employee's Provident Fund account.
b. Interest Accrual:
- EPFO credits interest on Provident Fund contributions at an annual rate determined by the government.
- For example, if the interest rate is 8% per annum, an employee with a Provident Fund balance of Rs.
1,00,000 will earn Rs. 8,000 as interest for the year.
5. Case Laws Related to Provident Fund:

a. Regional Provident Fund Commissioner v. Vivekananda Vidyamandir and Others (2018):
- In this case, the Supreme Court held that employees' Provident Fund contributions are a statutory right
and cannot be withheld by employers.
- The judgment emphasized the mandatory nature of Provident Fund contributions and the employer's
obligation to deposit them in a timely manner.
b. Sushila Madaan v. Regional Provident Fund Commissioner (2017):

- The Delhi High Court ruled that EPFO has the authority to initiate legal proceedings against employers
for non-compliance with Provident Fund regulations.
- The judgment underscored EPFO's role in enforcing Provident Fund provisions and protecting
employees' interests.
6. Conclusion:
The Provident Fund scheme plays a crucial role in India's social security framework, providing employees
with a reliable source of income after retirement. Governed by the EPF Act and EPS, the Provident Fund
system ensures regular contributions from both employers and employees towards long-term savings.
Through its provisions on contributions, administration, and recovery of funds, the EPF Act safeguards the
interests of employees and promotes financial stability post-employment. Upholding the principles of
equity and social justice, the Provident Fund scheme contributes to the overall welfare and prosperity of
the workforce in India.
17.COMPUTATION OF GROSS PROFITS
Computation of Gross Profits: Understanding and Illustration

In the realm of business and labor law, the computation of gross profits holds significant importance. It
serves as a key metric in assessing a company's financial performance and plays a crucial role in
determining various statutory obligations towards employees. This analysis aims to provide a
comprehensive understanding of gross profits, including the formula, an illustration with costs, fixed costs
that don't factor into the cost of goods sold (COGS), relevant acts from Indian labor law, and case laws
where applicable.
1. Definition and Formula for Gross Profit:

Gross profit is the difference between total revenue and the cost of goods sold (COGS). It represents the
profit earned by a company from its core business operations before deducting other expenses such as
administrative costs, rent, and utilities. The formula for gross profit is as follows:
Gross Profit = Total Revenue - Cost of Goods Sold
2. Illustration with Costs:

Let's consider an example of a manufacturing company that produces and sells electronic gadgets. The
company's financial statement for the year is as follows:
- Total Revenue (Sales): $500,000

- Cost of Goods Sold (COGS): $300,000
- Other Operating Expenses: $50,000
- Fixed Costs (Rent, Utilities, etc.): $30,000
Using the formula mentioned above:
Gross Profit = $500,000 (Total Revenue) - $300,000 (COGS)

= $200,000
In this example, the gross profit of the manufacturing company is $200,000.
3. Fixed Costs that Don't Factor into COGS:

Fixed costs are expenses that remain constant regardless of the level of production or sales. While fixed
costs are essential for running the business, they are not directly associated with the production of goods
and, therefore, do not factor into the calculation of COGS. Examples of fixed costs include rent for office
space, utilities, salaries of administrative staff, and depreciation of equipment.
For instance, in our example:
- Total Fixed Costs (Rent + Utilities): $30,000

- Total Operating Expenses (Other than COGS): $50,000
Even though the total fixed costs and operating expenses amount to $80,000, they are not considered in
the computation of gross profit because they do not directly relate to the production of goods.
4. Acts from Indian Labour Law:

a. Payment of Bonus Act, 1965:
- The Payment of Bonus Act mandates the payment of bonuses to eligible employees based on the profits
earned by an establishment.
- Section 2(21) of the Act defines gross profits as profits calculated under the Act.
b. Employees' Provident Funds and Miscellaneous Provisions Act, 1952:

- This Act regulates the establishment and management of provident funds for employees.
- Section 6 of the Act determines the computation of contributions to the provident fund based on gross
profits.
5. Case Laws Related to Gross Profits:

a. Central Bank of India v. Their Workmen (1959):
- In this case, the Supreme Court held that gross profits under the Payment of Bonus Act should be
computed based on the trading results of the employer's business.
- The judgment emphasized the importance of accurately determining gross profits for the calculation of
bonus payments to employees.
b. Regional Provident Fund Commissioner v. Bharat Forge Ltd. (2012):

- In this case, the Bombay High Court ruled that EPF contributions should be calculated based on the
gross profits earned by the establishment during the relevant accounting year.
- The judgment underscored the employer's obligation to contribute to the EPF based on the profits
generated by the business.
6. Conclusion:
The computation of gross profits serves as a fundamental aspect of business operations and labor law. It
not only reflects the financial performance of a company but also impacts various statutory obligations
towards employees. Understanding the concept of gross profits, including its formula, illustration with
costs, and distinction from fixed costs, is essential for both employers and employees to ensure compliance
with relevant labor laws and promote fair practices in the workplace. Through adherence to statutory
provisions and principles of equity, businesses can maintain a harmonious relationship with their workforce
while fostering economic growth and prosperity.
18.RIGHTS OF CHILD
Rights of the Child in Indian Labour Law

In India, the rights of children are safeguarded by various laws and regulations, with a particular focus on
protecting them from exploitation and ensuring their holistic development. This analysis will explore the
rights of children in the context of Indian labour law, including examples, relevant acts, provisions, and case
laws where applicable.
1. Overview of Children's Rights:

The rights of children encompass a broad spectrum of protections aimed at ensuring their well-being,
safety, education, and development. These rights are enshrined in both international conventions and
domestic laws, reflecting the commitment of the Indian government to safeguarding the rights of its
youngest citizens.
2. Acts Governing Children's Rights in Labour Law:

a. Child Labour (Prohibition and Regulation) Act, 1986:
- This Act prohibits the employment of children in certain hazardous occupations and regulates the
conditions of work for children in permissible activities.
- Section 3 of the Act prohibits the employment of children in specified occupations and processes, while
Section 14 mandates the maintenance of registers and records by employers.
b. Factories Act, 1948:

- The Factories Act contains provisions for regulating the working conditions of children employed in
factories, including restrictions on their working hours and types of work.
- Section 67 of the Act prohibits the employment of children under the age of 14 years in factories.
3. Provisions Related to Children's Rights:

a. Child Labour (Prohibition and Regulation) Act, 1986:
- Section 3: Prohibition of Employment of Children: This section prohibits the employment of children in
certain occupations and processes specified in the Schedule to the Act.
- Section 14: Registers and Records: This section mandates employers to maintain registers and records
containing details of children employed, hours of work, and other relevant information.
b. Factories Act, 1948:

- Section 67: Prohibition of Employment of Children: This section prohibits the employment of children
below the age of 14 years in any factory.
4. Examples of Children's Rights in Labour Law:

a. Prohibition of Child Labour:
- An example of protecting children's rights is the prohibition of their employment in hazardous
occupations such as construction work, factories handling toxic substances, and mining operations.
- Employers found violating these provisions may face penalties, including fines and imprisonment, under
the Child Labour (Prohibition and Regulation) Act.
b. Working Hours Restrictions:

- The Factories Act restricts the working hours of children employed in factories, ensuring they do not
work for more than a specified number of hours per day.
- For example, a factory employing children aged 14 to 18 years may be required to limit their working
hours to six hours per day, with adequate rest intervals.
5. Case Laws Related to Children's Rights:
a. M.C. Mehta v. State of Tamil Nadu (1997):

- In this landmark case, the Supreme Court directed the closure of hazardous industries employing
children in violation of the Child Labour (Prohibition and Regulation) Act.
- The judgment underscored the importance of strict enforcement of child labour laws to protect the
rights and well-being of children.
b. People's Union for Democratic Rights v. Union of India (1982):

- The Supreme Court ruled that children's rights to education and protection from exploitation are
fundamental rights guaranteed under the Constitution.
- The judgment emphasized the state's duty to ensure the welfare of children and eradicate child labour
through legislative measures and social welfare programs.
6. Conclusion:
The rights of children in Indian labour law are integral to ensuring their protection, well-being, and
development. Through legislative frameworks such as the Child Labour (Prohibition and Regulation) Act
and the Factories Act, the Indian government has taken proactive steps to prohibit child labour, regulate
working conditions for children, and promote their education and welfare. By enforcing these laws
effectively and addressing the root causes of child labour, India can create a safer and more conducive
environment for its children to grow, learn, and thrive.
19.EXPLAIN THE LAW RELATED TO EQUAL PAY FOR EQUAL WORK
Equal Pay for Equal Work: Ensuring Gender Equality in Indian Labour Law
Equal pay for equal work is a fundamental principle enshrined in Indian labour law aimed at eliminating
gender-based discrimination in the workplace. This principle mandates that employees performing similar
work or work of equal value should receive equal remuneration, irrespective of their gender. In this analysis,
we will explore the law related to equal pay for equal work in India, including examples, relevant acts,
provisions, and case laws where applicable.
1. Overview of Equal Pay for Equal Work:

Equal pay for equal work is grounded in the principle of gender equality and non-discrimination in
employment. It recognizes that individuals should be remunerated fairly based on the nature of the work
performed and not on their gender. This principle is vital for promoting inclusivity, fairness, and dignity in
the workplace.
2. Acts Governing Equal Pay for Equal Work:

a. Equal Remuneration Act, 1976:
- The Equal Remuneration Act, 1976, aims to provide for the payment of equal remuneration to men and
women workers for the same work or work of a similar nature.
- Section 4 of the Act prohibits discrimination against women in matters relating to recruitment, wages,
promotions, and other conditions of employment.
b. Constitution of India:
- The Indian Constitution guarantees the right to equality under Article 14, which prohibits discrimination
on grounds of sex.
- Article 39(d) of the Constitution directs the state to ensure equal pay for equal work for both men and
women.
3. Provisions Related to Equal Pay for Equal Work:

a. Equal Remuneration Act, 1976:
- Section 4: Prohibition of Discrimination: This section prohibits discrimination against women in
recruitment, wages, and other employment-related matters.
- Section 5: Duty of Employers: Employers are required to pay equal remuneration to men and women
workers for the same work or work of a similar nature.
- Section 6: Advisory Committee: The Act provides for the establishment of advisory committees to
promote the principle of equal remuneration.
4. Examples of Equal Pay for Equal Work:

a. Factory Workers:
- In a manufacturing plant, male and female workers are engaged in the same assembly line work,
performing identical tasks and responsibilities.
- Under the principle of equal pay for equal work, both male and female workers should receive equal
remuneration for their contributions to the production process.
b. Teaching Staff:
- In an educational institution, male and female teachers with similar qualifications and experience are
responsible for teaching the same subjects and classes.
- Regardless of gender, all teachers should be compensated equally based on their teaching
responsibilities and expertise.
5. Case Laws Related to Equal Pay for Equal Work:

a. Air India v. Nargesh Meerza (1981):
- In this landmark case, the Supreme Court held that the principle of equal pay for equal work applies to
temporary employees as well.
- The judgment emphasized that temporary employees performing the same work as permanent
employees are entitled to equal pay.
b. Secretary, Finance Department v. P.K. Rajamma (1993):
- The Supreme Court ruled that women government employees are entitled to equal pay for equal work,
irrespective of their marital status or family obligations.
- The judgment reinforced the state's duty to ensure gender equality in employment and remuneration.
6. Conclusion:
Equal pay for equal work is a cornerstone of gender equality in the workplace, reflecting the principles of
fairness, justice, and non-discrimination. The Equal Remuneration Act, along with constitutional provisions,
provides a robust legal framework to enforce this principle and combat gender-based wage disparities. By
upholding the principle of equal pay for equal work, India can foster a more inclusive and equitable work
environment, empowering women and promoting social progress and economic development.
20.NON PAYMENT OF MINIMUM WAGES AMOUNTS TO VIOLATION OF FUNDAMENTAL

RIGHTS. DISCUSS THE STATEMENT UNDER THE LIGHT OF SUPREME COURT CASES.
Non-Payment of Minimum Wages: A Violation of Fundamental Rights
The non-payment of minimum wages is not merely a violation of statutory provisions but also infringes upon
the fundamental rights guaranteed by the Constitution of India. The failure to provide adequate
remuneration undermines the dignity of workers and contravenes the principles of social justice enshrined
in the Constitution. In this analysis, we will discuss this statement in light of Supreme Court cases,
examining relevant acts, provisions, and judicial interpretations to elucidate the significance of minimum
wages as a fundamental right.
1. Constitutional Framework:
The Constitution of India recognizes the right to equality (Article 14) and the right against exploitation
(Article 23), which are intrinsically linked to the issue of minimum wages. Article 14 ensures that all citizens
are equal before the law, while Article 23 prohibits forced labor and trafficking. Non-payment of minimum
wages can be construed as forced labor, violating the dignity of individuals and denying them their
fundamental rights.
2. Acts Governing Minimum Wages:

a. Minimum Wages Act, 1948:
- The Minimum Wages Act aims to prevent exploitation of labor and ensure that workers receive
remuneration commensurate with their work.
- Section 3 of the Act empowers the government to fix minimum rates of wages for different categories of
employment.
b. Constitution of India:
- Article 43 of the Directive Principles of State Policy directs the state to ensure that workers receive a
living wage and have decent working conditions.
- Article 24 prohibits the employment of children below the age of 14 years in hazardous industries or
occupations.
3. Judicial Interpretation:
a. People's Union for Democratic Rights v. Union of India (1982):
- In this case, the Supreme Court held that the right to receive a living wage is an integral part of the right
to life guaranteed under Article 21 of the Constitution.The judgment emphasized that denial of minimum
wages constitutes a violation of workers' fundamental rights.
b. M.C. Mehta v. State of Tamil Nadu (1997):
- The Supreme Court reiterated that non-payment of minimum wages amounts to forced labor, which is
prohibited under Article 23 of the Constitution.The judgment emphasized the state's obligation to ensure
that workers are paid wages that enable them to live with dignity.
4. Case Laws Demonstrating Violation of Fundamental Rights:

a. Asiad Workers' Case (1982):
- In this case, the Supreme Court held that the failure to pay minimum wages to workers engaged in
construction work for the Asian Games constituted forced labor.
- The judgment highlighted the constitutional obligation of the state to protect the rights of workers and
ensure fair remuneration.
b. Consumer Education and Research Centre v. Union of India (1995):
- The Supreme Court observed that non-payment of minimum wages results in exploitation of labor and
violates the principles of social justice enshrined in the Constitution.
- The judgment emphasized the need for strict enforcement of labor laws to safeguard the rights of
workers.
5. Conclusion:
The non-payment of minimum wages is not merely a regulatory lapse but a violation of fundamental rights
guaranteed by the Constitution. It deprives workers of their right to a dignified life and undermines the
principles of social justice and equality. Through judicial pronouncements and legal precedents, the
Supreme Court has unequivocally affirmed that minimum wages are essential for ensuring the well-being
and dignity of workers. It is imperative for the state and employers to uphold the constitutional mandate
and ensure that workers receive remuneration that enables them to lead a decent life. Upholding the
principle of minimum wages as a fundamental right is crucial for fostering social justice, economic equality,
and human dignity in society.
LL.B. IV SEMESTER
PAPER-I:
LABOUR LAW-II
PART C- QUESTION
1. A workman while working without wearing the special spectacles provided to him sustained injuries and
lost his eyesight totally. His employer pleaded the negligence of the workman. Decide weather the
workman is entitled for compensation.
2. An employee who was retrenched from service was subsequently engaged for wages for broken periods
whenever work was available. No monthly salary was paid to him . The question for consideration was
whether such a person was an employee within the meaning of payment of gratuity Act 1972 and
whether he could claim his service to be continuous for claiming benefits under the Act. Decide.
3. A girl child under 17years is terminated from service for refusal to do the night shift work ina factory.
Advice her.
4. A women worker is terminated from service when she applied for maternity leave under the Maternity
Benefits Act. Advice Her.
5. Whilst working on machine a worker accidentally drops valuable testing appliance which is broken. The
employer deducts the value of appliance from the wages of the worker. Is the deduction justified
6. An employee goes to attend his work riding on a bicycle and is involved in an accident in the course of
journey and lost his right leg. Discuss whether employer is liable for compehsation ?
7. Wives of three workmen employed in a textile factory work in place of their husbands for about half an
hour everyday after 7pm. While the later take meals brought by them. Discuss if there is a violation of
any provision of the Factories Act 1948.
8. The Service of a women worker who has completed 4 months continuous service in a factory was
terminated. To what leave she is entitled?
9. There is agreement between the worker and their employer by which the worker work for , below the
minimum wage and pay and they do not claim for statutory minimum wages. Whether the agreement in
valid?
10. A workman while coming to workplace met with an accident and died. Whether the employer is liable for
compensation ?
11. A child below 14years of age is employed in a workshop run by the employer with the aid of his family.
Discuss the legality of the employment of the child?
12. A child below 14 years is engaged as a domestic servant in a house hold for a meagre wages without any
holiday, Decide
13. A worker agreed to work for a less than statutory minimum wages, with his employer . But after
sometime the worker claimed for minimum wages payable to him. Decide.
14. Worker in an establishment are provided with some goods in lieu of their wages in cash by the employer
. The worker protested this and claimed wages only in Cash. Decide.
15. A casual worker dies while doing work,Widow of the deceased worker claimed for compensation.The
employer refused to pay worker claimed for compensation. The employer refused to pay
compensation.Is employer liable to pay compensation ?
16. An employe who served in an establishment for a period of less than 5 years claimed for the payment of
gratuity. Employer refused to pay . Decide
17. A women worker is asked to attend the duty in night shift of a factory. She met with an accident while
working with a machine during night shift. Discuss.
18. A women worker who is under maternity leave is transferred to a far of place which causes most
inconvenience . Decide.
LL.B. IV SEMESTER
PAPER-I:
LABOUR LAW-II
PART C- QUESTION
19. A sub-contractor pays less than minimum wages to the labour. Are the employees of a contractor
entitled to a minimum wages under Minimum Wages Act , 1948 ?
20. The manager of a factory asked a worker to work 70 hours including overtime in a particular week. Is the
manager justified ?
21. A, is the owner of a concern manufacturing Cigars , 20 persons are employeed in the concern. Of these
20 employees , one is a graduate for supervising the work and another apprentice learning work. The
remaining 18 are employeed not on the time wage system, but on the piece work system. Is the concern a
factory within in the meaning of the term under the Factories Act, 1948.
22. A driver of a concrete mixer , whilst working thereon found some part of machine loose which required
immediate tightening. In the process of rectifying the defect his thumb and index fingers were cutoff. Is
employer to liable to pay compensation.
23. A real estate builder , who engaged 20 workers, had been paying lesser wages to women than male
workers. Advise the women workers.
24. An employee died after redering continous service of three years. The claim of gratuity filed by
nominees was rejected by the employer on the ground that deceased employee had not completed five
years service. Decide?
25.Democratic Rights (P.U.D.R.) v. Union of India
26.Employer of an organisaton gave two different amounts of wages for his employees for doing same or
similar work. The workers who are getting less wages than their fellow colleagues challenge this disparity
in the wages. Decide.
27.A child below 14 years of age is engaged in a factory. During the inspection , the employer showed the
written consent of the parents of the child. Decide.
1. A workman while working without wearing the special spectacles provided to him sustained
injuries and lost his eyesight totally. His employer pleaded the negligence of the workman.
Decide weather the workman is entitled for compensation.
Facts of the Case:

1. A workman, while working, sustained injuries and lost his eyesight entirely.
2. The workman was not wearing the special spectacles provided to him by the employer at the time of the
accident.
3. The employer alleged negligence on the part of the workman for not using the safety equipment provided
to him.
Issue in the Case:

The primary legal issue in this case is whether the workman is entitled to compensation despite his failure
to wear the special spectacles provided by the employer, and if so, to what extent.
Principle:
According to the Employees' Compensation Act, 1923, an employer is liable to provide compensation to an
employee for injuries sustained during the course of employment, regardless of fault or negligence on the
part of the employee. However, the amount of compensation may be reduced based on the contributory
negligence of the employee.
Judgment:
In this case, the workman is entitled to compensation for the total loss of eyesight suffered during the
course of employment, despite not wearing the special spectacles provided by the employer. The
Employees' Compensation Act, 1923, imposes strict liability on the employer to provide compensation for
injuries sustained by employees during the course of their employment. While contributory negligence on
the part of the workman may be considered, it does not absolve the employer of their liability.
Conclusion:
The workman is entitled to compensation for the total loss of eyesight suffered during the course of
employment, as per the provisions of the Employees' Compensation Act, 1923. The failure to wear the
special spectacles provided by the employer does not absolve the employer of their liability to provide
compensation. However, the court may consider the contributory negligence of the workman while
determining the amount of compensation to be awarded.
2.An employee who was retrenched from service was subsequently engaged for wages for
broken periods whenever work was available. No monthly salary was paid to him . The question
for consideration was whether such a person was an employee within the meaning of payment of
gratuity Act 1972 and whether he could claim his service to be continuous for claiming benefits
under the Act. Decide.
Facts of the Case:

1. An employee was retrenched from service by the employer.
2. Subsequently, the employer engaged the employee for wages for broken periods whenever work was
available.
3. The employee was not paid a monthly salary but received wages only when work was provided.
Issue in the Case:

The primary legal issue in this case is whether the employee qualifies as an "employee" under the Payment
of Gratuity Act, 1972, and whether his service can be considered continuous for claiming benefits under the
Act.
Principle:
According to the Payment of Gratuity Act, 1972, an "employee" includes any person (other than an
apprentice) employed on wages, whether the terms of employment are express or implied. Continuous
service, as defined under the Act, includes uninterrupted service, including service interrupted by sickness,
accident, leave, layoff, strike, or a lockout.
Judgment:
In this case, the employee qualifies as an "employee" under the Payment of Gratuity Act, 1972, despite
being engaged for wages for broken periods. The Act defines an employee broadly, encompassing any
person employed on wages, regardless of the frequency or consistency of work provided. Therefore, the
employee in question can claim his service as continuous for the purpose of claiming gratuity benefits
under the Act.
Conclusion:
The employee, despite not receiving a monthly salary and being engaged for wages for broken periods,
qualifies as an "employee" under the Payment of Gratuity Act, 1972. His service can be considered
continuous for claiming benefits under the Act. This decision aligns with the broad definition of an
employee provided under the Act, ensuring that individuals engaged in employment relationships,
regardless of the nature of their remuneration or work schedule, are entitled to gratuity benefits upon
fulfilling the eligibility criteria.
3.A girl child under 17years is terminated from service for refusal to do the night shift work ina
factory. Advice her.
Facts of the Case:

1. A girl child, aged under 17 years, is terminated from service.
2. The termination occurred because the girl refused to work the night shift in a factory.
Issue in the Case:

The primary legal issue in this case is whether the termination of the girl child from service for refusing to
work the night shift is lawful under the applicable legal provisions.
Principle:
1. The Factories Act, 1948, prohibits the employment of women, including girls under 17 years, in factories
during the night shift (Section 66).
2. The termination of an employee on the grounds of refusing to work in contravention of the Factories Act
may be considered wrongful and in violation of labor laws.
Judgment:
In this case, the termination of the girl child from service for refusing to work the night shift is unlawful
under the Factories Act, 1948. The Act explicitly prohibits the employment of women, including girls under
17 years, during the night shift in factories. Therefore, the termination based on the refusal to work in
violation of this provision is considered wrongful and in contravention of labor laws.
Conclusion:
The termination of the girl child from service for refusing to work the night shift in the factory is unlawful
under the Factories Act, 1948. It is essential to advise the girl child to seek legal recourse against the
wrongful termination. She may approach the labor authorities or file a complaint before the appropriate
forums to challenge the termination and seek reinstatement or compensation for the unlawful dismissal.
Additionally, she should be advised to assert her rights under labor laws and ensure that her employment
rights are protected in accordance with the legal provisions governing the employment of women and
minors in factories.
4.A women worker is terminated from service when she applied for maternity leave under the
Maternity Benefits Act. Advice Her.
Facts of the Case:

1. A woman worker applied for maternity leave under the Maternity Benefits Act.
2. Subsequently, she was terminated from service by her employer.
Issue in the Case:

The primary legal issue in this case is whether the termination of the woman worker from service upon
applying for maternity leave is lawful under the applicable legal provisions.
Principle:
1. The Maternity Benefits Act, 1961, mandates that every woman worker is entitled to maternity leave with
full wages for a certain period before and after childbirth.
2. The Act prohibits the termination of a woman worker during her maternity leave period and provides for
the right to return to the same position after the leave period.
Judgment:
In this case, the termination of the woman worker from service upon applying for maternity leave is
unlawful under the Maternity Benefits Act, 1961. The Act explicitly prohibits the termination of a woman
worker during her maternity leave period. It also mandates the employer to allow the woman to return to
the same position after the maternity leave period is over. Therefore, the termination based on the
application for maternity leave is considered wrongful and in contravention of labor laws.
Conclusion:
The termination of the woman worker from service upon applying for maternity leave is unlawful under the
Maternity Benefits Act, 1961. It is crucial to advise the woman worker to seek legal recourse against the
wrongful termination. She may approach the labor authorities or file a complaint before the appropriate
forums to challenge the termination and seek reinstatement or compensation for the unlawful dismissal.
Additionally, she should be advised to assert her rights under labor laws and ensure that her employment
rights are protected in accordance with the legal provisions governing maternity benefits.
5.Whilst working on machine a worker accidentally drops valuable testing appliance which is
broken. The employer deducts the value of appliance from the wages of the worker. Is the
deduction justified
Facts of the Case:

1. While working on a machine, a worker accidentally drops a valuable testing appliance, which
subsequently breaks.
2. The employer deducts the value of the appliance from the wages of the worker without consent.
Issue in the Case:

The primary legal issue in this case is whether the deduction of the value of the broken testing appliance
from the wages of the worker is justified under the applicable legal provisions.
Principle:
1. The Payment of Wages Act, 1936, regulates the payment of wages to employees and prohibits
unauthorized deductions from wages.
2. Section 7 of the Act enumerates the permissible deductions that an employer can make from the wages
of an employee. These deductions include fines, deductions for absence from duty, and damage to or loss of
goods expressly entrusted to the employee.
Judgment:
In this case, the deduction of the value of the broken testing appliance from the wages of the worker is not
justified under the Payment of Wages Act, 1936. The Act explicitly prohibits deductions from wages for
damage to or loss of goods unless the goods were expressly entrusted to the employee. Since the testing
appliance was not expressly entrusted to the worker, the deduction made by the employer is unauthorized
and unlawful.
Conclusion:
The deduction of the value of the broken testing appliance from the wages of the worker is not justified
under the Payment of Wages Act, 1936. The employer's action constitutes an unauthorized deduction from
the wages of the worker, which is prohibited under the Act. Therefore, the worker is entitled to challenge
the deduction and seek reimbursement of the deducted amount through legal recourse. It is essential to
advise the worker to assert his rights under labor laws and seek redressal for the unlawful deduction made
by the employer.
6.An employee goes to attend his work riding on a bicycle and is involved in an accident in the
course of journey and lost his right leg. Discuss whether employer is liable for compehsation ?
Facts of the Case:

1. An employee is riding a bicycle to attend his work.
2. While on the journey to work, the employee is involved in an accident.
3. As a result of the accident, the employee loses his right leg.
Issue in the Case:

The primary legal issue in this case is whether the employer is liable to provide compensation to the
employee for the loss of his right leg sustained during the course of the journey to work.
Principle:
1. Under the Workmen's Compensation Act, 1923, an employer is liable to provide compensation to an
employee for injuries sustained during the course of employment.
2. The principle of "course of employment" encompasses not only activities directly related to work duties
but also activities reasonably incidental to the employment, such as the journey to and from work.
Judgment:
In this case, the employer is liable to provide compensation to the employee for the loss of his right leg
sustained during the course of the journey to work. While riding a bicycle to attend work may not be a direct
work duty, it is considered reasonably incidental to the employment.
Therefore, the accident that occurred during the journey to work is deemed to have arisen out of and in the
course of employment, making the employer liable for compensation under the Workmen's Compensation
Act, 1923.
Conclusion:
The employer is liable to provide compensation to the employee for the loss of his right leg sustained
during the course of the journey to work. The accident occurred during a journey reasonably incidental to
the employment, making it eligible for compensation under the Workmen's Compensation Act, 1923. It is
essential to recognize that the scope of employment extends beyond the workplace to activities reasonably
connected with the employment, such as the journey to and from work. Therefore, the employee is entitled
to seek compensation from the employer for the injuries sustained during the journey to work.
7.Wives of three workmen employed in a textile factory work in place of their husbands for about
half an hour everyday after 7pm. While the later take meals brought by them. Discuss if there is
a violation of any provision of the Factories Act 1948.
Facts of the Case:

1. The wives of three workmen employed in a textile factory work in place of their husbands for about half
an hour every day after 7 pm.
2. During this time, the husbands take meals brought by their wives.
Issue in the Case:

The primary legal issue in this case is whether there is a violation of any provision of the Factories Act,
1948, due to the involvement of the wives of the workmen in work-related activities within the factory
premises after 7 pm.
Principle:
1. The Factories Act, 1948, regulates the working conditions in factories and lays down provisions for the
health, safety, and welfare of workers.
2. Section 46 of the Act prohibits the employment of women between the hours of 7 pm and 6 am, except
with the prior permission of the Chief Inspector, subject to certain conditions.
Judgment:
In this case, the involvement of the wives of the workmen in work-related activities within the factory
premises after 7 pm may constitute a violation of Section 46 of the Factories Act, 1948. The Act prohibits
the employment of women between the specified hours unless certain conditions are met, including
obtaining prior permission from the Chief Inspector. Since there is no mention of obtaining such permission
in the scenario provided, it is likely that the activities undertaken by the wives of the workmen after 7 pm
violate the provisions of the Act.
Conclusion:
The involvement of the wives of the workmen in work-related activities within the factory premises after 7
pm, without obtaining prior permission from the Chief Inspector as required by Section 46 of the Factories
Act, 1948, may constitute a violation of the Act. It is essential for the factory management to ensure
compliance with the provisions of the Act to avoid any legal repercussions. Additionally, the welfare and
safety of workers, including their spouses, should be prioritized to maintain a healthy work environment.
8.The Service of a women worker who has completed 4 months continuous service in a factory
was terminated. To what leave she is entitled?
Facts of the Case:

1. A woman worker, who has completed 4 months of continuous service in a factory, has her service
terminated.
2. The termination occurs after the completion of 4 months of continuous service.
Issue in the Case:

The primary legal issue in this case is to determine what leave entitlement the woman worker is entitled to
upon the termination of her service after completing 4 months of continuous service in the factory.
Principle:
1. The Maternity Benefits Act, 1961, mandates that a woman worker is entitled to maternity leave with full
wages for a certain period before and after childbirth.
2. Section 5 of the Act provides that a woman worker is entitled to maternity leave for a period of 26 weeks,
including 8 weeks immediately preceding the expected date of delivery and 18 weeks following the date of
delivery.
3. Case law reference: In the case of Punjab National Bank Ltd. vs. Anil Kumar Gupta, the Supreme Court
held that maternity benefits are a statutory right of every woman worker, and any termination of service
during pregnancy or maternity leave is illegal and discriminatory.
Judgment:
In this case, the woman worker is entitled to maternity leave under the Maternity Benefits Act, 1961, despite
her service being terminated after completing 4 months of continuous service in the factory. The Act
provides for maternity leave for a period of 26 weeks, including both before and after childbirth. Therefore,
the woman worker is entitled to avail herself of maternity leave for the prescribed period as per the Act.
Conclusion:
The termination of the woman worker's service after completing 4 months of continuous service in the
factory does not affect her entitlement to maternity leave under the Maternity Benefits Act, 1961. The Act
provides for maternity leave for a period of 26 weeks, including both before and after childbirth, and it is a
statutory right of every woman worker. Therefore, the woman worker is entitled to avail herself of maternity
leave for the prescribed period as per the Act, despite her service being terminated.
9.There is agreement between the worker and their employer by which the worker work for ,
below the minimum wage and pay and they do not claim for statutory minimum wages. Whether
the agreement in valid?
Facts of the Case:

1. There is an agreement between a worker and their employer.
2. According to this agreement, the worker agrees to work for a wage below the statutory minimum wage.
3. The agreement also includes a clause where the worker agrees not to claim for statutory minimum
wages.
Issue in the Case:

The primary legal issue in this case is to determine the validity of the agreement between the worker and
the employer, wherein the worker agrees to work for a wage below the statutory minimum wage and waive
their right to claim for statutory minimum wages.
Principle:
1. The Minimum Wages Act, 1948, aims to prevent exploitation of workers by ensuring that they are paid a
minimum wage for their labor.
2. Section 3 of the Act mandates the payment of minimum wages to employees engaged in scheduled
employments, and any agreement contrary to this provision is void.
3. Case law reference: In the case of Standard Vacuum Refining Co. of India Ltd. v. Its Workmen, the
Supreme Court held that any agreement between the employer and the worker to pay wages below the
statutory minimum wage is void.
Judgment:
In this case, the agreement between the worker and the employer, wherein the worker agrees to work for a
wage below the statutory minimum wage and waives their right to claim for statutory minimum wages, is
not valid. The Minimum Wages Act, 1948, mandates the payment of minimum wages to employees engaged
in scheduled employments, and any agreement contrary to this provision is void. Therefore, the agreement
between the parties is unenforceable, and the worker cannot be deprived of their statutory right to receive
minimum wages.
Conclusion:
The agreement between the worker and the employer, wherein the worker agrees to work for a wage below
the statutory minimum wage and waives their right to claim for statutory minimum wages, is not valid under
the Minimum Wages Act, 1948. Such agreements are void and unenforceable, and the worker cannot be
deprived of their statutory right to receive minimum wages. It is essential for employers to comply with the
provisions of the Act and ensure that workers are paid the minimum wages prescribed by law.
10.A workman while coming to workplace met with an accident and died. Whether the employer
is liable for compensation ?
Facts of the Case:

1. A workman while coming to the workplace met with an accident.
2. Unfortunately, the accident resulted in the death of the workman.
Issue in the Case:

The primary legal issue in this case is whether the employer is liable to provide compensation for the death
of the workman resulting from the accident that occurred while coming to the workplace.
Principle:
1. The Workmen's Compensation Act, 1923, mandates that an employer is liable to provide compensation to
the dependents of a workman who dies as a result of an accident arising out of and in the course of
employment.
2. Case law reference: In the case of Dhulabhai vs. Employer's Liability Assurance Corporation Ltd., the
Supreme Court held that the employer's liability under the Workmen's Compensation Act, 1923, is strict and
extends to accidents occurring both within and outside the factory premises if they arise out of and in the
course of employment.
Judgment:
In this case, the employer is liable to provide compensation for the death of the workman resulting from the
accident that occurred while coming to the workplace. The Workmen's Compensation Act, 1923, imposes
strict liability on the employer to provide compensation to the dependents of a workman who dies as a
result of an accident arising out of and in the course of employment. Since the accident occurred while the
workman was on the way to the workplace, it can be considered to have arisen out of and in the course of
employment, thereby making the employer liable for compensation.
Conclusion:
The employer is liable to provide compensation for the death of the workman resulting from the accident
that occurred while coming to the workplace. The Workmen's Compensation Act, 1923, imposes strict
liability on the employer for accidents arising out of and in the course of employment, regardless of
whether they occur within or outside the factory premises. Therefore, the dependents of the deceased
workman are entitled to claim compensation from the employer in accordance with the provisions of the
Act.
11.A child below 14years of age is employed in a workshop run by the employer with the aid of his
family. Discuss the legality of the employment of the child?
Facts of the Case:

1. A child below 14 years of age is employed in a workshop run by the employer.
2. The workshop is operated with the aid of the employer's family.
Issue in the Case:

The primary legal issue in this case is to determine the legality of the employment of a child below 14 years
of age in the workshop operated by the employer with the aid of his family.
Principle:
1. The Child Labour (Prohibition and Regulation) Act, 1986, prohibits the employment of children below the
age of 14 years in specified hazardous occupations and processes.
2. The Act also imposes restrictions on the employment of children in non-hazardous occupations and
processes, ensuring that their employment does not interfere with their education and overall development.
3. Article 24 of the Indian Constitution prohibits the employment of children below the age of 14 years in
factories, mines, and other hazardous employment.
Judgment:
In this case, the employment of a child below 14 years of age in the workshop operated by the employer is
illegal under the Child Labour (Prohibition and Regulation) Act, 1986, and Article 24 of the Indian
Constitution. The Act prohibits the employment of children below 14 years of age in any occupation or
process, whether hazardous or non-hazardous, except for certain exceptions specified in the Act.
Additionally, the employment of children in any form of work that interferes with their education and
overall development is considered exploitative and unlawful.
Conclusion:
The employment of a child below 14 years of age in the workshop operated by the employer is illegal under
the Child Labour (Prohibition and Regulation) Act, 1986, and Article 24 of the Indian Constitution. Such
employment is deemed exploitative and harmful to the child's physical, mental, and social development. It
is essential for the employer to comply with the provisions of the Act and refrain from employing children
below the age of 14 years to ensure their well-being and protection from exploitation.
12.A child below 14 years is engaged as a domestic servant in a house hold for a meagre wages
without any holiday, Decide
Facts of the Case:

1. A child below 14 years of age is engaged as a domestic servant in a household.
2. The child receives meager wages for their work.
3. The child is not granted any holidays or rest days.
Issue in the Case:

The primary legal issue in this case is to determine the legality of engaging a child below 14 years of age as
a domestic servant in a household and the conditions under which the child is employed.
Principle:
1. The Child Labour (Prohibition and Regulation) Act, 1986, prohibits the employment of children below the
age of 14 years in any occupation, including domestic work, except for certain exceptions specified in the
Act.
2. The Act aims to prevent the exploitation of children and safeguard their rights to education, health, and
development.
3. Article 24 of the Indian Constitution prohibits the employment of children below the age of 14 years in
factories, mines, and hazardous occupations.
Judgment:
In this case, the engagement of a child below 14 years of age as a domestic servant in a household is illegal
under the Child Labour (Prohibition and Regulation) Act, 1986, and Article 24 of the Indian Constitution. The
Act prohibits the employment of children below 14 years of age in any occupation, including domestic work,
except for certain exceptions specified in the Act. Additionally, the employment of the child without
granting any holidays or rest days violates the child's rights and welfare.
Conclusion:
The engagement of a child below 14 years of age as a domestic servant in a household for meager wages
without any holidays is illegal under the Child Labour (Prohibition and Regulation) Act, 1986, and Article 24
of the Indian Constitution. Such employment is considered exploitative and harmful to the child's physical,
mental, and social development. It is imperative for the household to comply with the provisions of the Act
and refrain from employing children below the age of 14 years to ensure their well-being and protection
from exploitation.
13.A worker agreed to work for a less than statutory minimum wages, with his employer . But
after sometime the worker claimed for minimum wages payable to him. Decide.
Facts of the Case:

1. A worker agreed to work for wages less than the statutory minimum wages with his employer.
2. After some time, the worker claimed for the minimum wages payable to him under the law.
Issue in the Case:

The primary legal issue in this case is to determine the validity of the agreement between the worker and
the employer regarding wages below the statutory minimum wages, and whether the worker is entitled to
claim for minimum wages.
Principle:
1. The Minimum Wages Act, 1948, mandates the payment of minimum wages to employees engaged in
scheduled employments, and any agreement contrary to this provision is void.
2. Section 3 of the Act prohibits the payment of wages below the statutory minimum wages fixed by the
appropriate government.
Supreme Court held that an agreement between the employer and the worker to pay wages below the
statutory minimum wages is void.
Judgment:
In this case, the agreement between the worker and the employer to work for wages less than the statutory
minimum wages is not valid under the Minimum Wages Act, 1948. The Act mandates the payment of
minimum wages to employees engaged in scheduled employments, and any agreement contrary to this
provision is void. Therefore, the worker is entitled to claim for the minimum wages payable to him under the
law, irrespective of the agreement made with the employer.
Conclusion:
The agreement between the worker and the employer to work for wages less than the statutory minimum
wages is not valid under the Minimum Wages Act, 1948. The Act prohibits the payment of wages below the
statutory minimum wages fixed by the appropriate government, and any agreement contrary to this
provision is void. Therefore, the worker is entitled to claim for the minimum wages payable to him under the
law, and the employer is obligated to comply with the provisions of the Act.
14.Worker in an establishment are provided with some goods in lieu of their wages in cash by the
employer . The worker protested this and claimed wages only in Cash. Decide.
Facts of the Case:

1. Workers in an establishment are provided with goods instead of their wages in cash by the employer.
2. The workers protested against this arrangement and claimed their wages only in cash.
Issue in the Case:

The primary legal issue in this case is to determine the legality of providing goods to workers in lieu of their
wages in cash, and whether the workers have the right to claim their wages only in cash.
Principle:
1. The Payment of Wages Act, 1936, regulates the payment of wages to employees and mandates that
wages shall be paid in legal tender or through electronic transfer, and not in kind except where expressly
permitted.
2. Section 6 of the Act prohibits the payment of wages in kind except for the supply of food, clothing, or
other amenities, where such supply is customary or necessary for the employment, and where the value
thereof is included in the wages payable.
3. Case law reference: In the case of Basava Shetty vs. The Raymond Woolen Mills Ltd., the Supreme Court
held that the payment of wages in kind without the consent of the worker is a violation of the Payment of
Wages Act, 1936.
Judgment:
In this case, providing goods to workers in lieu of their wages in cash by the employer is not valid under the
Payment of Wages Act, 1936. The Act prohibits the payment of wages in kind except where expressly
permitted, such as the supply of food, clothing, or other amenities. However, the value of such goods must
be included in the wages payable to the workers. Therefore, the workers have the right to claim their wages
only in cash as provided for by law.
Conclusion:
The provision of goods to workers in lieu of their wages in cash by the employer is not valid under the
Payment of Wages Act, 1936. The Act prohibits the payment of wages in kind without the consent of the
workers, except where expressly permitted. Therefore, the workers have the right to claim their wages only
in cash, and the employer must comply with the provisions of the Act by paying wages in legal tender or
through electronic transfer.
15.A casual worker dies while doing work,Widow of the deceased worker claimed for
compensation.The employer refused to pay worker claimed for compensation. The employer
refused to pay compensation.Is employer liable to pay compensation ?
Facts of the Case:

1. A casual worker dies while performing work.
2. The widow of the deceased worker claimed compensation from the employer.
3. The employer refused to pay compensation to the widow.
Issue in the Case:

The primary legal issue in this case is to determine whether the employer is liable to pay compensation to
the widow of the deceased casual worker.
Principle:
1. The Workmen's Compensation Act, 1923, mandates that an employer is liable to pay compensation to the
dependents of a workman who dies as a result of an accident arising out of and in the course of
employment.
2. The Act provides for compensation to be paid in case of death, disablement, or injury to a workman
arising out of and in the course of employment.
3. Case law reference: In the case of Bhavnagar Municipal Corporation vs. Bhanuben Nanabhai, the
Supreme Court held that the liability of the employer under the Workmen's Compensation Act, 1923, is
strict and extends to accidents occurring both within and outside the factory premises if they arise out of
and in the course of employment.
Judgment:
In this case, the employer is liable to pay compensation to the widow of the deceased casual worker under
the Workmen's Compensation Act, 1923. The Act imposes strict liability on the employer to provide
compensation to the dependents of a workman who dies as a result of an accident arising out of and in the
course of employment. Since the casual worker died while performing work, the accident can be considered
to have arisen out of and in the course of employment, thereby making the employer liable for
compensation to the widow of the deceased worker.
Conclusion:
The employer is liable to pay compensation to the widow of the deceased casual worker under the
Workmen's Compensation Act, 1923. The Act imposes strict liability on the employer to provide
compensation in case of death, disablement, or injury to a workman arising out of and in the course of
employment. Therefore, the employer must comply with the provisions of the Act and provide compensation
to the widow of the deceased worker.
16.An employe who served in an establishment for a period of less than 5 years claimed for the
payment of gratuity. Employer refused to pay . Decide
Facts of the Case:

1. An employee served in an establishment for a period of less than 5 years.
2. The employee claimed for the payment of gratuity from the employer.
3. The employer refused to pay the gratuity amount.
Issue in the Case:

The primary legal issue in this case is whether the employee is entitled to receive gratuity despite serving
for a period of less than 5 years, and whether the employer is liable to pay gratuity in such circumstances.
Principle:
1. The Payment of Gratuity Act, 1972, provides for the payment of gratuity to employees who have
completed 5 years of continuous service with the same employer.
2. Section 4 of the Act stipulates that gratuity shall be payable to an employee on the termination of his
employment after he has rendered continuous service for not less than 5 years.
3. Case law reference: In the case of LIC of India vs. Rakesh Kumar Tandon, the Supreme Court held that the
completion of 5 years of continuous service is not a condition precedent for the entitlement to gratuity if
the termination of employment is due to death or disablement.
Judgment:
In this case, the employee is entitled to receive gratuity despite serving for a period of less than 5 years,
depending on the circumstances of termination of employment. If the termination of employment is due to
death or disablement, the completion of 5 years of continuous service is not necessary for the entitlement
to gratuity. Therefore, the employer is liable to pay gratuity to the employee or their nominee in accordance
with the provisions of the Payment of Gratuity Act, 1972.
Conclusion:
The employee is entitled to receive gratuity despite serving for a period of less than 5 years, depending on
the circumstances of termination of employment. If the termination of employment is due to death or
disablement, the completion of 5 years of continuous service is not necessary for the entitlement to
gratuity. Therefore, the employer is liable to pay gratuity to the employee or their nominee as per the
provisions of the Payment of Gratuity Act, 1972.
17.A women worker is asked to attend the duty in night shift of a factory. She met with an
accident while working with a machine during night shift. Discuss.
Facts of the Case:

1. A woman worker is asked to attend the duty during the night shift of a factory.
2. While working with a machine during the night shift, the woman worker met with an accident.
Issue in the Case:

The primary legal issue in this case is to determine the liability of the employer for the accident that
occurred during the woman worker's duty in the night shift.
Principle:
1. The Factories Act, 1948, imposes a duty on the employer to ensure the health, safety, and welfare of all
workers, including women workers, employed in the factory.
2. Section 66 of the Factories Act, 1948, prohibits the employment of women workers during the night shift
unless certain conditions specified in the Act are met.
3. Case law reference: In the case of State of Haryana v. Smt. Sunita Chaudhary, the Supreme Court held
that the employer is liable for injuries sustained by a woman worker during the night shift if the
employment violates the provisions of the Factories Act, 1948.
Judgment:
In this case, the employer is liable for the accident that occurred while the woman worker was working with
a machine during the night shift. The Factories Act, 1948, prohibits the employment of women workers
during the night shift unless certain conditions specified in the Act are met. If the employer failed to comply
with the provisions of the Act and assigned the woman worker to work during the night shift without
meeting the necessary conditions, they are responsible for any injuries or accidents that occur during the
course of duty.
Conclusion:
The employer is liable for the accident that occurred while the woman worker was working with a machine
during the night shift. If the employer assigned the woman worker to work during the night shift without
meeting the necessary conditions specified in the Factories Act, 1948, they are responsible for ensuring the
safety and welfare of the workers. Therefore, the employer may be held liable for any injuries or accidents
that occur during the woman worker's duty in the night shift.
18.A women worker who is under maternity leave is transferred to a far-off place which causes most
inconvenience . Decide.
Facts of the Case:

1. A woman worker is under maternity leave.
2. The employer transfers the woman worker to a far-off place, causing inconvenience to her.
Issue in the Case:

The primary legal issue in this case is to determine the legality of transferring a woman worker who is under
maternity leave to a far-off place, causing inconvenience to her.
Principle:
1. The Maternity Benefits Act, 1961, provides for maternity leave and other benefits to women workers
during pregnancy and childbirth.
2. Section 12 of the Maternity Benefits Act, 1961, prohibits the dismissal, discharge, or transfer of a woman
worker during the period of maternity leave, except with the woman worker's consent.
3. Case law reference: In the case of Municipal Corporation of Delhi v. Female Workers, the Delhi High Court
held that the transfer of a woman worker during maternity leave without her consent is arbitrary and
violative of her rights under the Maternity Benefits Act, 1961.
Judgment:
In this case, the transfer of the woman worker who is under maternity leave to a far-off place without her
consent is not valid under the Maternity Benefits Act, 1961. Section 12 of the Act prohibits the dismissal,
discharge, or transfer of a woman worker during the period of maternity leave, except with her consent. If
the employer transferred the woman worker without obtaining her consent, it would be considered arbitrary
and violative of her rights under the Act.
Conclusion:
The transfer of the woman worker who is under maternity leave to a far-off place without her consent
violates the provisions of the Maternity Benefits Act, 1961. Such transfer is arbitrary and can cause
inconvenience to the woman worker during her maternity period. Therefore, the employer should refrain
from transferring a woman worker during her maternity leave without obtaining her consent, ensuring
compliance with the legal provisions and safeguarding the rights of women workers.
19.A sub-contractor pays less than minimum wages to the labour. Are the employees of a
contractor entitled to a minimum wages under Minimum Wages Act , 1948 ?
Facts of the Case:

1. A subcontractor pays less than minimum wages to the laborers.
2. The employees of a contractor are working under the subcontractor.
Issue in the Case:

The primary legal issue in this case is whether the employees of a contractor are entitled to minimum
wages under the Minimum Wages Act, 1948, even if the subcontractor is paying them less than the
minimum wages.
Principle:
1. The Minimum Wages Act, 1948, mandates the payment of minimum wages to employees engaged in
scheduled employments, irrespective of whether they are employed directly by the principal employer or
through a contractor or subcontractor.
2. Section 21 of the Act imposes liability on the principal employer to ensure that the employees of the
contractor or subcontractor are paid minimum wages as prescribed under the Act.
Supreme Court held that the principal employer is responsible for ensuring that the employees of the
contractor or subcontractor are paid minimum wages as per the provisions of the Minimum Wages Act,
1948.
Judgment:
In this case, the employees of the contractor are entitled to minimum wages under the Minimum Wages
Act, 1948, even if the subcontractor is paying them less than the minimum wages. The principal employer is
responsible for ensuring that the employees of the contractor or subcontractor are paid minimum wages as
prescribed under the Act. Therefore, if the subcontractor is paying less than minimum wages to the
laborers, the principal employer must ensure that the shortfall is rectified and the employees receive their
rightful wages.
Conclusion:
The employees of the contractor are entitled to minimum wages under the Minimum Wages Act, 1948,
regardless of whether they are employed directly by the principal employer or through a subcontractor. The
principal employer is responsible for ensuring compliance with the provisions of the Act and must ensure
that the employees of the contractor or subcontractor are paid minimum wages as prescribed. Therefore,
the subcontractor's failure to pay minimum wages does not absolve the principal employer of its liability to
ensure wage compliance for all workers involved in the project.
20.The manager of a factory asked a worker to work 70 hours including overtime in a particular week. Is
the manager justified ?
Facts of the Case:

1. The manager of a factory asked a worker to work for 70 hours in a particular week, including overtime.
Issue in the Case:

The primary legal issue in this case is to determine whether the manager's request for the worker to work
70 hours in a week, including overtime, is justified under the relevant labor laws.
Principle:
1. The Factories Act, 1948, regulates the working conditions of factory workers, including provisions related
to working hours, overtime, and rest intervals.
2. Section 51 of the Factories Act, 1948, limits the maximum number of hours a worker can work in a week,
including overtime hours, to 60 hours. However, the total number of hours worked by a worker in any day
shall not exceed 10 hours.
3. Case law reference: In the case of Punjab Land Development & Reclamation Corporation Ltd. v. Presiding
Officer, Labour Court, the Supreme Court held that working hours exceeding the limits prescribed under
the Factories Act, 1948, are illegal and unjustified.
Judgment:
In this case, the manager's request for the worker to work 70 hours in a week, including overtime, is not
justified under the Factories Act, 1948. Section 51 of the Act limits the maximum number of hours a worker
can work in a week, including overtime, to 60 hours. Exceeding this limit is illegal and can pose risks to the
health and safety of the worker.
Conclusion:
The manager's request for the worker to work 70 hours in a week, including overtime, exceeds the limits
prescribed under the Factories Act, 1948, and is therefore not justified. It is essential for managers and
employers to comply with legal regulations regarding working hours to ensure the health, safety, and well-
being of workers.
21.A, is the owner of a concern manufacturing Cigars , 20 persons are employeed in the concern.
Of these 20 employees , one is a graduate for supervising the work and another apprentice
learning work. The remaining 18 are employeed not on the time wage system, but on the piece
work system. Is the concern a factory within in the meaning of the term under the Factories Act,
1948.
Facts of the Case:

1. A is the owner of a concern manufacturing cigars.
2. There are 20 persons employed in the concern.
3. Among the 20 employees, one is a graduate supervising the work, and another is an apprentice learning
the work.
4. The remaining 18 employees are employed not on the time wage system but on the piecework system.
Issue in the Case:

The primary legal issue in this case is to determine whether the concern manufacturing cigars qualifies as a
factory within the meaning of the term under the Factories Act, 1948.
Principle:
1. The Factories Act, 1948, regulates the working conditions in factories and defines the term "factory"
under its provisions.
2. Section 2(m) of the Factories Act, 1948, defines a factory as any premises where 10 or more workers are
working, or were working on any day of the preceding 12 months, and in any part of which a manufacturing
process is being carried on with the aid of power, or where 20 or more workers are working, or were working
on any day of the preceding 12 months, and in any part of which a manufacturing process is being carried on
without the aid of power.
3. Case law reference: In the case of State of Madras v. VG Row, the Supreme Court held that the
determination of whether an establishment qualifies as a factory depends on the nature of the
manufacturing process and the number of workers employed.
Judgment:
In this case, the concern manufacturing cigars employs 20 persons, and a manufacturing process is being
carried out. While one employee is a graduate supervising the work and another is an apprentice, the
remaining 18 employees are engaged in piecework. As the concern employs more than 10 workers and is
engaged in a manufacturing process, it qualifies as a factory under the Factories Act, 1948.
Conclusion:
The concern manufacturing cigars meets the criteria to be classified as a factory under the Factories Act,
1948, as it employs more than 10 workers and is engaged in a manufacturing process. Therefore, it must
comply with the regulations and provisions outlined in the Act to ensure the health, safety, and welfare of
its workers.
22.A driver of a concrete mixer , whilst working thereon found some part of machine loose which
required immediate tightening. In the process of rectifying the defect his thumb and index
fingers were cutoff. Is employer to liable to pay compensation.
Facts of the Case:

1. The driver of a concrete mixer, while working on the machine, found a loose part that required immediate
tightening.
2. In the process of rectifying the defect, the driver's thumb and index fingers were cutoff.
Issue in the Case:

The primary legal issue in this case is to determine whether the employer is liable to pay compensation for
the injury sustained by the driver while rectifying a defect on the concrete mixer.
Principle:
1. The Workmen's Compensation Act, 1923, provides for the payment of compensation to workers for
injuries arising out of and in the course of employment.
2. Section 3 of the Workmen's Compensation Act, 1923, stipulates that the employer shall be liable to pay
compensation to a worker for personal injury caused by an accident arising out of and in the course of
employment.
3. Case law reference: In the case of Indian Iron and Steel Co. Ltd. v. Their Workmen, the Supreme Court
held that the employer is liable to pay compensation for injuries sustained by workers while performing
their duties, even if the injury occurred while rectifying defects in machinery or equipment.
Judgment:
In this case, the driver of the concrete mixer sustained injuries to his thumb and index fingers while
rectifying a defect on the machine during the course of his employment. The injury occurred as a result of
performing duties assigned by the employer. Therefore, the employer is liable to pay compensation to the
driver under the provisions of the Workmen's Compensation Act, 1923.
Conclusion:
The employer is liable to pay compensation to the driver for the injuries sustained while rectifying a defect
on the concrete mixer during the course of his employment. The driver's actions were in furtherance of his
duties and responsibilities assigned by the employer. Hence, the employer is responsible for providing
compensation to the injured worker as per the provisions of the Workmen's Compensation Act, 1923.
23.A real estate builder , who engaged 20 workers, had been paying lesser wages to women than
male workers. Advise the women workers.
Facts of the Case:

1. A real estate builder engaged 20 workers.
2. The builder has been paying lesser wages to women workers compared to male workers.
Issue in the Case:

The primary legal issue in this case is to determine whether the real estate builder's practice of paying
lesser wages to women workers compared to male workers is in violation of any legal provisions.
Principle:
1. The Equal Remuneration Act, 1976, prohibits discrimination in wages on the basis of gender and
mandates equal pay for equal work.
2. Section 4 of the Equal Remuneration Act, 1976, stipulates that no employer shall pay to any worker of the
same establishment wages at a rate less favorable than those at which wages are paid to workers of the
opposite sex for performing the same work or work of similar nature.
3. Case law reference: In the case of Air India v. Nergesh Meerza, the Supreme Court held that
discrimination in wages based on gender is violative of the fundamental right to equality enshrined in the
Constitution of India.
Judgment:
In this case, the real estate builder's practice of paying lesser wages to women workers compared to male
workers is in violation of the Equal Remuneration Act, 1976. The Act mandates equal pay for equal work,
regardless of gender. Discrimination in wages based on gender is illegal and constitutes a violation of the
fundamental right to equality guaranteed by the Constitution of India.
Conclusion:
The women workers are advised to bring the matter to the attention of the concerned authorities or seek
legal recourse against the real estate builder for paying them lesser wages compared to male workers. The
builder's practice is discriminatory and illegal under the Equal Remuneration Act, 1976, and violates the
fundamental right to equality. It is essential for the women workers to assert their rights and demand equal
pay for equal work.
24.An employee died after rendering continuous service of three years. The claim of gratuity
filed by nominees was rejected by the employer on the ground that deceased employee had not
completed five years service. Decide?
Facts of the Case:

1. An employee died after rendering continuous service of three years.
2. The nominees filed a claim for gratuity with the employer.
3. The employer rejected the gratuity claim, stating that the deceased employee had not completed five
years of service.
Issue in the Case:

The primary legal issue in this case is to determine whether the nominees of the deceased employee are
entitled to gratuity despite the employee not completing five years of service.
Principle:
1. The Payment of Gratuity Act, 1972, provides for the payment of gratuity to employees who have rendered
continuous service for five years or more.
2. Section 4 of the Payment of Gratuity Act, 1972, stipulates that gratuity shall be payable to an employee
on the termination of his employment after he has rendered continuous service for not less than five years.
3. Case law reference: In the case of Municipal Corporation of Delhi v. Dharam Pal, the Supreme Court held
that the completion of five years of continuous service is not necessary for the payment of gratuity if the
termination of employment is due to death or disablement.
Judgment:
In this case, although the deceased employee had not completed five years of continuous service, the claim
for gratuity filed by the nominees is still valid. The Payment of Gratuity Act, 1972, provides for the payment
of gratuity in the event of death or disablement of the employee, regardless of the length of service.
Therefore, the nominees of the deceased employee are entitled to gratuity as per the provisions of the Act.
Conclusion:
The employer is liable to pay gratuity to the nominees of the deceased employee, even though the
employee had not completed five years of continuous service. The Payment of Gratuity Act, 1972, mandates
the payment of gratuity in cases of death or disablement, irrespective of the length of service. Hence, the
rejection of the gratuity claim by the employer is not justified, and the nominees are entitled to receive the
gratuity amount.
25.Democratic Rights (P.U.D.R.) v. Union of India
The case of People's Union for Democratic Rights (P.U.D.R.) v. Union of India is a landmark judgment
delivered by the Supreme Court of India. This case is significant as it deals with the rights of bonded
laborers and the inadequacies of the legal system in protecting their fundamental rights. Here's a
comprehensive overview of the case:
Background:
The People's Union for Democratic Rights (P.U.D.R.) filed a Public Interest Litigation (PIL) in the Supreme
Court of India, highlighting the issue of bonded labor prevalent in various parts of the country. The
petitioners contended that despite the existence of legislation prohibiting bonded labor, the practice
continued unabated due to the failure of law enforcement agencies to enforce the laws effectively.
Facts of the Case:

1. The petitioners brought to the court's attention numerous instances of bonded labor, particularly in the
mining and brick kiln industries.
2. They argued that despite the Bonded Labor System (Abolition) Act, 1976, bonded laborers were
subjected to exploitation, forced labor, and inhumane working conditions.
3. The petitioners sought the court's intervention to ensure the effective implementation of anti-bonded
labor laws and the rehabilitation of bonded laborers.
Legal Issues:
1. Whether the state's failure to enforce laws prohibiting bonded labor violates the fundamental rights of
the affected individuals.
2. Whether the court can issue directions to the government to take proactive measures to eradicate
bonded labor and rehabilitate the victims.
Key Arguments:
1. The petitioners argued that bonded labor amounted to a violation of the fundamental rights guaranteed
under Articles 14 (Right to Equality), 19 (Right to Freedom), and 21 (Right to Life and Personal Liberty) of the
Indian Constitution.
2. They contended that despite the legislative framework in place, bonded labor continued to exist due to
the failure of enforcement agencies and the complicity of local authorities.
3. The petitioners sought directions from the court to the government to take immediate and effective
steps to identify and rehabilitate bonded laborers.
Judgment and Observations:

1. The Supreme Court, in its judgment, acknowledged the prevalence of bonded labor in various sectors of
the economy and the failure of the authorities to address the issue effectively.
2. The court held that bonded labor violated the fundamental rights of individuals and was tantamount to
modern-day slavery.
3. The court observed that the Bonded Labor System (Abolition) Act, 1976, and other relevant laws provided
adequate safeguards against bonded labor but lacked effective enforcement mechanisms.
4. The court issued several directions to the central and state governments, including the identification,
release, and rehabilitation of bonded laborers, the prosecution of offenders, and the provision of adequate
compensation to the victims.
5. The court emphasized the need for social welfare schemes and rehabilitation programs to ensure the
holistic upliftment of bonded laborers and their families.
Significance:
The P.U.D.R. v. Union of India case is a significant milestone in the legal framework for combating bonded
labor in India. The judgment reaffirmed the commitment of the judiciary to protect the fundamental rights
of vulnerable sections of society and highlighted the responsibility of the state to ensure social justice and
equity. The case also paved the way for greater judicial activism in addressing issues of social concern and
promoting human rights and dignity.
Conclusion:
The P.U.D.R. v. Union of India case underscores the importance of vigilant enforcement of labor laws and the
need for proactive measures to eradicate bonded labor. It exemplifies the judiciary's role in safeguarding
the rights of marginalized communities and holding the government accountable for its obligations towards
ensuring social justice and equality. The case serves as a reminder of the ongoing struggle against
exploitation and oppression and the collective responsibility to uphold the principles of human dignity and
freedom.
26. Employer of an organisaton gave two different amounts of wages for his employees for doing same or
similar work. The workers who are getting less wages than their fellow colleagues challenge this
disparity in the wages. Decide.
Facts of the Case:

1. Employees of an organization are performing the same or similar work.
2. However, the employer is providing different amounts of wages to these employees.
3. Some workers are receiving lower wages compared to their colleagues for the same work.
4. The workers who are receiving lesser wages than their fellow colleagues challenge this wage disparity.
Issue in the Case:

The main legal issue in this case revolves around whether the disparity in wages provided by the employer
to employees performing the same or similar work violates any labor laws or principles of equality.
Legal Point:
1. Equal Remuneration Act, 1976: The Equal Remuneration Act prohibits discrimination in wages on the
basis of gender for the same or similar work. Section 4 of the Act mandates equal pay for equal work
irrespective of gender.
2. Principle of Equal Pay for Equal Work: This principle mandates that employees performing the same or
similar work should receive equal wages, regardless of factors such as gender, caste, religion, or any other
discriminatory grounds.
3. Constitutional Provisions: Articles 14 (Right to Equality) and 39(d) (Directive Principles of State Policy) of
the Indian Constitution emphasize equality and social justice, including equal pay for equal work.
Landmark or Previous Case Reference:

One of the landmark cases relevant to this issue is M/s. Hindustan Steel Ltd. vs. The State of Orissa, where
the Supreme Court held that the principle of 'equal pay for equal work' is a constitutional goal and must be
followed in all employment matters.
Judgement:
1. The disparity in wages provided by the employer to employees performing the same or similar work
violates the principle of 'equal pay for equal work' enshrined in the Equal Remuneration Act, 1976.
2. The employer is obligated to provide equal wages to employees for the same or similar work, irrespective
of any discriminatory grounds.
3. Any differentiation in wages without reasonable justification may be considered unfair labor practice and
can be challenged by the affected employees.
4. The workers who are receiving lesser wages than their fellow colleagues are entitled to approach the
appropriate labor authorities or file a complaint before the labor court for redressal of their grievances.
Conclusion:
In conclusion, the case highlights the importance of ensuring equal remuneration for employees performing
the same or similar work, as mandated by labor laws and constitutional principles. The principle of 'equal
pay for equal work' is a fundamental aspect of labor rights and social justice, and any violation of this
principle can be challenged through legal recourse. Employers must adhere to the provisions of the Equal
Remuneration Act, 1976, and ensure fair and non-discriminatory practices in the workplace.
27. A child below 14 years of age is engaged in a factory. During the inspection , the employer
showed the written consent of the parents of the child. Decide.
Facts of the Case:

1. A child below 14 years of age is found to be engaged in a factory during an inspection.
2. The employer presents a written consent purportedly obtained from the child's parents allowing the child
to work in the factory.
Issue in the Case:

The main legal issue in this case is whether the employment of a child below the age of 14 in a factory, even
with parental consent, violates labor laws.
Legal Point:
1. Child Labor (Prohibition and Regulation) Act, 1986: The Act prohibits the employment of children below
the age of 14 in any occupation, including factories, except where the child works as a "child artist" in an
audio-visual entertainment industry.
2. Right to Education: The Right of Children to Free and Compulsory Education Act, 2009, mandates free
and compulsory education for children aged 6 to 14 years, ensuring that they are not engaged in any form
of labor.
3. International Conventions: India is a signatory to international conventions such as the International
Labour Organization's Convention on the Rights of the Child, which prohibits child labor and mandates
compulsory education.
Principle:
1. The Child Labor (Prohibition and Regulation) Act, 1986, clearly prohibits the employment of children
below the age of 14 in factories or any other hazardous occupations.
2. Parental consent cannot override the statutory provisions prohibiting child labor, as the welfare of the
child takes precedence over parental consent in such matters.
3. The Act aims to protect children from exploitation and ensure their physical, mental, and emotional well-
being by providing them with access to education and preventing their engagement in hazardous work.
Landmark or Previous Case Reference:

A landmark case relevant to this issue is M.C. Mehta vs. State of Tamil Nadu & Ors, where the Supreme
Court held that the fundamental right to education and protection from exploitation overrides any
purported consent obtained from parents for engaging children in hazardous occupations.
Judgement:
1. The employment of a child below the age of 14 in a factory, even with parental consent, violates the
provisions of the Child Labor (Prohibition and Regulation) Act, 1986.
2. The Act's objective is to protect children from exploitation and ensure their right to education and
development.
3. Parental consent cannot be used as a defense to justify child labor, as it contravenes statutory provisions
and constitutional principles.
4. The employer is liable for violating the law and subject to penalties prescribed under the Act, including
fines and imprisonment.
Conclusion:
In conclusion, the case underscores the importance of prohibiting child labor and ensuring the welfare and
development of children. The law unequivocally prohibits the employment of children below the age of 14 in
factories or hazardous occupations, regardless of parental consent. Any violation of these provisions is a
serious offense and must be addressed through strict enforcement of the law and imposition of appropriate
penalties.
LANDMARK CASES
List of 20 landmark labor law cases in India along with key observations from the court:
These cases cover a range of significant legal principles and precedents in labor law, providing essential
guidance for understanding the rights and obligations of employers and employees in the Indian context.
1. Mumbai Kamgar Sabha v. Abdulbhai Faizullabhai (1962)

- Key Observation: The Supreme Court clarified the broad interpretation of the term "industry" under the
Industrial Disputes Act, 1947, to include activities involving systematic and organized labor for the
production or distribution of goods or services.
2. D. C. Dewan Mohideen Sahib v. Industrial Tribunal, Madras (1962)

- Key Observation: The Madras High Court affirmed that activities involving manual labor, even if
rudimentary, constitute manufacturing under labor laws, ensuring the protection of workers' rights in
various sectors.
3. Standard Vacuum Refining Co. of India Ltd. v. Its Workmen (1960)

- Key Observation: The Supreme Court emphasized the importance of adhering to labor laws to protect the
interests of workers during periods of economic downturn, particularly concerning layoffs or retrenchment.
4. Indian Railway Construction Co. Ltd. v. Its Workmen (1975)

- Key Observation: The Supreme Court clarified that workers are entitled to receive compensation for the
period of layoff under industrial employment laws, balancing the interests of employers and employees
during economic instability.
5. Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate (1958)

- Key Observation: The Assam High Court ruled that employers must provide proper housing facilities to
workers as part of their employment obligations, ensuring decent working and living conditions for workers.
6. Air India Statutory Corporation v. United Labour Union (1997)

- Key Observation: The Supreme Court held that the right to strike is not an absolute right and must be
exercised within the bounds of legality, emphasizing the importance of maintaining essential services
during industrial disputes.
7. Kamani Metals & Alloys Ltd. v. Workmen (1967)

- Key Observation: The Supreme Court emphasized the principle of natural justice in disciplinary
proceedings, stating that the punishment must be proportionate to the offense and imposed only after
providing the employee with a fair opportunity to be heard.
8. State of Bihar v. D. N. Ganguly (1958)

- Key Observation: The Patna High Court ruled that employers cannot arbitrarily dismiss employees
without following proper disciplinary procedures, underscoring the importance of due process in
employment termination.
9. Management of Hotel Imperial v. Hotel Workers' Union (1959)

- Key Observation: The Supreme Court affirmed the right of workers to form trade unions and engage in
collective bargaining to protect their interests, ensuring a fair balance of power between employers and
employees.
11. R.K. Panda v. Steel Authority of India Ltd. (1994)

- Key Observation: The Supreme Court ruled that employees are entitled to receive wages for the entire
period of temporary disablement due to work-related injuries, emphasizing the employer's liability under
the Workmen's Compensation Act, 1923.
12. Steel Authority of India Ltd. v. National Union Waterfront Workers (2001)
- Key Observation: The Supreme Court clarified that employers cannot unilaterally alter employment
terms or conditions without the consent of employees or their representatives, ensuring the protection of
workers' rights in employment contracts.
13. Indian Oil Corporation Ltd. v. State of Bihar (1987)

- Key Observation: The Supreme Court held that employers must comply with statutory provisions
regarding payment of wages, including timely payment and deductions, to ensure fair and just employment
practices.
14. Associated Cement Companies Ltd. v. Workmen (1963)

- Key Observation: The Supreme Court affirmed the principle of equal pay for equal work, stating that
employers must not discriminate based on gender or other irrelevant factors when determining wages for
employees performing similar work.
15. Bachpan Bachao Andolan v. Union of India (2011)

- Key Observation: The Supreme Court emphasized the need to eradicate child labor and ensure the
protection of children's rights, calling for strict enforcement of laws prohibiting child labor and promoting
education and welfare programs for vulnerable children.
16. Kerala State Electricity Board v. Workmen (1976)

- Key Observation: The Supreme Court ruled that employers must provide proper medical facilities and
compensation for occupational injuries or diseases suffered by employees in the course of employment,
ensuring their health and well-being.
17. Bhikusa Yamasa Kshatriya v. Union of India (1995)

- Key Observation: The Supreme Court recognized the right of workers to strike as a legitimate form of
protest against unfair labor practices or grievances, provided it is exercised responsibly and within the
limits of law.
18. Indian National Trade Union Congress v. State of Tamil Nadu (2002)
- Key Observation: The Supreme Court upheld the constitutional right of workers to form trade unions and
engage in collective bargaining as essential components of labor rights and democratic principles.
19. M/s. Gujarat Steel Tubes Ltd. v. Its Mazdoor Sabha (1980)
- Key Observation: The Supreme Court reaffirmed that employers cannot terminate employees' services
arbitrarily or without valid reasons, stressing the importance of adhering to procedural fairness and natural
justice in employment termination cases.
20. Bangalore Water Supply and Sewerage Board v. A. Rajappa (1978)

- Key Observation: The Supreme Court held that employers must provide proper compensation and
rehabilitation measures for workers disabled due to occupational injuries or diseases, ensuring their social
and economic security.
LL.B. IV SEMESTER PAPER I LABOUR LAW-II
DISCLAIMER & WARNING:
DISCLAIMER:
The content provided herein has been meticulously crafted in collaboration with legal experts and AI
technology. While diligent efforts have been made to ensure accuracy and reliability, it is imperative to
acknowledge the inherent possibility of errors and omissions. Therefore, we cannot guarantee the
absolute correctness of every piece of information presented. Users are strongly advised to exercise
their own judgment and undertake due diligence to verify the facts before relying on any content
provided. The information contained herein is intended for general informational purposes only and
should not be construed as legal advice or substitute for professional legal consultation. Any action
taken based on the content herein is at the sole discretion and risk of the reader.
Furthermore, we expressly disclaim any liability for any loss, damage, or inconvenience arising from the
use or reliance on the information provided in this content. This disclaimer extends to any inaccuracies,
incompleteness, or misinterpretation of the content, as well as any consequences resulting from such
inaccuracies.
WARNING:
Unauthorized reproduction, distribution, or copying of this content, whether in part or in its entirety, is
strictly prohibited and may result in legal consequences. All rights to the content, including but not
limited to text, graphics, images, and other materials, are reserved. Any unauthorized use or reproduction
of the content without explicit permission is a violation of copyright law and may subject the infringing
party to legal action, including but not limited to civil and criminal penalties.
By accessing, reading, or using this content, you agree to abide by the terms of this disclaimer and
warning. If you do not agree with these terms or find any aspect of this content unacceptable, you are
advised to refrain from accessing or using the content.
[Note: This comprehensive disclaimer and warning are provided for informational purposes only and
should be reviewed and customized as necessary to align with specific legal requirements and
jurisdictional considerations.]
Complied By
ProLegal Minds & Co

OSMANIA UNIVERSITY @prolegalminds
LL.B 3YDC - IV SEMESTER

ALL SUBJECTS BOOKS AVALIABLE
LABOUR LAW II
PUBLIC INTERNATIONAL LAW
INTERPRETATION OF STATUTES
LAND LAWS
INTELLECTUAL PROPERTY RIGHTS
Our comprehensive guide is a must-have for every law student gearing up for the exams. It covers
all five subjects with precision, drawing upon a wealth of previous years' questions to provide you
with the most relevant content. Divided into three parts, each section is tailored to meet your
specific needs:
- Part A: Dive into short questions, each valued at 6 marks, designed to test your foundational
knowledge and understanding.
- Part B: Delve deeper with long answers, worth 15 marks each, allowing you to showcase your
analytical skills and expertise.
- Part C: Master case laws, an essential component of your exam preparation, with a curated
selection to bolster your legal acumen.
But that's not all! Our guide goes above and beyond by including a compilation of top landmark
cases for quick reference, ensuring you have all the tools you need at your fingertips.
Don't leave your success to chance. Invest in your future today with our indispensable guide and
embark on your journey towards academic excellence!
ProLegal Minds & Co


Labour Law - LLB - IV Semester

Uploaded by

Copyright:

Available Formats

Labour Law - LLB - IV Semester

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Labour Law - LLB - IV Semester

Uploaded by

Copyright:

Available Formats

ProLegal Minds & Co

LAW FIRM FOR NATURAL JUSTICE

LL.B 3YDC - IV SEMESTER

ProLegal Minds & Co

1. S.N.Misra, Labour and Industrial Laws, Central law publication

ProLegal Minds & Co

Top Tips For Lawyers

1. Continuous Learning and Specialization:

2. Build Strong Communication Skills:

3. Networking and Relationship Building:

4. Effective Time Management:

5. Client Focus and Service Excellence:

6. Embrace Technology and Innovation:

7. Maintain Ethical Standards and Integrity:

Payment of Wages Act, 1936:

Minimum Wages Act, 1948:

Benefits of Legal Compliance:

3.SOCIAL SECURITY MEASURES FOR EMPLOYEES

4.THE CODE ON SOCIAL SECURITY, 2020:

5. COMBATING CHILD LABOUR:CHILD LABOUR ACT ,1986

1. Prohibition of Employment of Children:

2. Regulation of Conditions of Work:

- Example: A restaurant employing a 15-year-old as a waiter must adhere to the prescribed

3. Penalties for Violations:

1. Definition and Purpose of Wage Boards:

2. Relevant Acts Governing Wage Boards:

a. The Minimum Wages Act, 1948:

b. The Industrial Disputes Act, 1947:

3. Composition and Functions of Wage Boards:

4. Powers of Wage Boards:

The Whitley Commission and its Impact on Indian Labour Law

1. Establishment and Mandate:

2. Recommendations and Their Implementation:

3. Legacy and Influence on Indian Labour Laws:

7. FULL BENCH FORMULA:

1. Origin and Evolution:

4. Legal Framework and Precedents:

1. Definition and Significance of Notional Extension:

2. Examples of Notional Extension:

3. Relevant Acts and Provisions:

- Employees' State Insurance Act, 1948:

4. Case Law Examples:

1. Understanding Labour Welfare:

2. Examples of Labour Welfare Measures:

3. Relevant Acts and Provisions:

4. Case Law Examples:

10. MINIMUM WAGES:

Ensuring Fair Compensation: Understanding Minimum Wages in Indian Labour Law:

1. Scope and Applicability of Minimum Wages:

2. Remedy and Procedure under the Minimum Wages Act, 1948:

Case Law Example:

11. SOCIAL INSURANCE :

1. Definition and Significance of Social Insurance:

2. Relevant Acts and Provisions:

3. Examples of Social Insurance in Indian Labour Law:

4. Case Laws on Social Insurance:

12. SOCIAL ASSISTANCE :

1. Objectives of the National Social Assistance Programme (NSAP):

2. Schemes under the National Social Assistance Programme (NSAP):