Industrial relations APRIL 2025

Description

Industrial Relations & Labour Laws

April 2025 Examination

1. ABC Textiles, a mid-sized manufacturing company, has been facing disputes between its management and workers over issues like wages, working conditions, and overtime policies. The workers’ union has requested a meeting to discuss and resolve these disputes through collective bargaining. The management, however, is hesitant, citing concerns over transparency and control.

As the newly appointed HR Consultant at ABC Textiles, propose a structured framework for resolving disputes between management and workers over wages, working conditions, and overtime policies through collective bargaining. Your response should include: a detailed approach to collective bargaining, key differences between collective bargaining and cooperation, conditions for successful negotiations in the Indian context, and an outline of roles and responsibilities for negotiation teams.    (10 Marks)

Ans 1.

Introduction
Industrial relations play a crucial role in ensuring harmony between management and workers in any manufacturing setup. In India, the textile sector, being labor-intensive, often faces disputes related to wages, working conditions, and overtime policies. These disputes, if not addressed effectively, can lead to strikes, lockouts, and reduced productivity. ABC Textiles, a mid-sized manufacturing company, is currently experiencing such tensions between its management and workers. The workers’ union has proposed collective bargaining as a means to address these issues,

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2. Priya, a manager at a manufacturing company, informs her employer about her pregnancy and requests maternity leave benefits under the Maternity Benefit Act. However, the employer refuses, citing a lack of clarity on the conditions of payment and claiming that her recent absenteeism disqualifies her. Priya argues that she meets all the conditions stipulated by the Act.

Analyze the provisions of the Maternity Benefit Act concerning conditions of payment, prohibition of employment, and maternity benefits, discuss how the objects of the Act and key definitions apply to Priya’s case, and recommend a course of action for her to assert her rights and ensure compliance by her employer.  (10 Marks)

Ans 2.

Introduction
The Maternity Benefit Act, 1961, is a crucial piece of legislation aimed at safeguarding the rights of working women by ensuring they receive adequate maternity benefits. It applies to all establishments employing ten or more employees and is designed to provide financial security, job protection, and health benefits to pregnant women. Priya, a manager at a manufacturing company, has rightfully requested maternity leave benefits under this Act. However, her employer has refused, citing unclear payment conditions and previous absenteeism as disqualifying

3a. XYZ Manufacturing employs a significant number of daily-wage workers. Recently, during a compliance audit, it was discovered that certain workers were being paid less than the minimum wage prescribed by the state government. The management claims this was due to a lack of clarity on minimum wage laws.

As the HR Compliance Officer, explain the obligations of an employer under the Minimum Wages Act to ensure compliance and outline the penalties for non-compliance with the Act.

Ans 3a.

Introduction
The Minimum Wages Act, 1948, is a critical piece of labor legislation aimed at ensuring fair compensation for workers, preventing exploitation, and promoting economic justice. The Act mandates employers to pay wages that meet or exceed the minimum wage prescribed by the respective state governments. In the case of XYZ Manufacturing, the compliance audit revealed wage violations,

3b. A worker at ABC Construction suffered a severe injury while operating machinery on-site. The management argues that they are not liable to provide compensation as the worker did not follow safety instructions. However, the worker claims the injury occurred due to faulty equipment provided by the employer.

As a legal advisor, evaluate whether the employer is liable under the Workmen’s Compensation Act, 1923, for a worker’s injury caused by machinery on-site, considering the worker’s claim of faulty equipment and the employer’s defense of non-compliance with safety instructions. Additionally, discuss the relevance of the 2009 amendments to the Act in this context.     (5 Marks)

Ans 3b.

Introduction
The Workmen’s Compensation Act, 1923, provides financial relief to workers who suffer injuries during employment. It holds employers accountable for workplace injuries, ensuring compensation irrespective of fault. In the case of ABC Construction, the management argues that the worker’s non-compliance with safety instructions absolves them of liability. However, the worker claims that faulty machinery provided by the employer caused the injury. This situation