Advertisements
Advertisements
Question
This question consists of principle and fact. The principle may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this Section. In other words, in answering the question, you must not rely on any principle except the principle that is given herein below for the question.
Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in study of law, research aptitude, and problem-solving ability.
Therefore, to answer a question, the principle is to be applied to the given facts and to choose the most appropriate option.
Principle: According to Sec. 2 of the Industrial Disputes Act, 1947, 'Industrial dispute means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person'.
Facts: The employees of DK Enterprises met the management and requested half a day leave to allow them to celebrate a lunar eclipse, which was going to happen two days later. The management refused the request. Does this situation amount to an 'industrial dispute'?
Options
As the difference of opinion between the employees and employer is on the declaration of holiday it amounts to an issue connected with the employment or with the terms of employment and hence, an industrial dispute.
No, as Lunar eclipse is unconnected with employment.
Yes, because there is some difference of opinion it would be an industrial dispute.
No as declaring holidays is a prerogative of the employer. So no industrial dispute.
Solution
As the difference of opinion between the employees and employer is on the declaration of holiday it amounts to an issue connected with the employment or with the terms of employment and hence, an industrial dispute.
Explanation:
As the difference of opinion between the employees and employer is on the declaration of holidays it amounts to an issue connected with the employment or with the terms of employment and hence, an industrial dispute. According to the principle given stating Section 2 of the Industrial Disputes Act 1947, if the nature of a dispute which arises between employers and employers or employers and workmen and workmen or between workmen and employers is related to employment or non-employments or terms of employment or labour conditions of any person will be considered as an Industrial Dispute. According to the facts given, the dispute between the employees and employer was related to the declaration of a holiday which is an issue related to the employment of employees or terms of employment and thus that is the nature of the dispute. (M.M. Wadia Charitable Hospital vs Dr. Umakant Ramchandra Warerkar 1997 (75) FLR 814, (1997) IILLJ 549 Bom)
APPEARS IN
RELATED QUESTIONS
________________ is responsible for Fixation of wage Period as per Payment of Wages Act
Which of these events potentially triggers the right of attribution:
Which of these works does the right of attribution apply to:
India and Britain have signed an ‘Extradition treaty’. Extradition means
Which Inn of Court called Gandhiji to the Bar?
DIRECTIONS: The question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that are given herein below. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.
Principle: A seller of goods cannot transfer better rights than he himself possesses in the goods sold to the buyer.
Facts: Komal leaves his watch by mistake on a seat in the park, Sonal finds that watch and immediately sells the same for a good price to Monal who without inquiring whether Sonal is its owner or not. Komal later on claims that watch from Monal. Decide whether Komal can succeed.
DIRECTIONS: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that are given hereinbelow. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.
Principle: In the case where the government is a party, the government shall be the first owner of the copyright in the work unless there is an agreement to the contrary.
Facts: The Government of the State of X entered into an agreement with a retired professor of Botany. The professor agreed to write a textbook on Botany. The government agreed to pay a sum of ₹ 10,00,000 to the professor for this work.
The act by members of a trade union, persuading others not to work is called
Under which of the following enactments, is the use of mobile phones while driving made punishable?
In February 2019 a Public Interest Litigation has been lodged with the High Court of ¾, wherein an 11-year-old boy has sought a ban on the PUBG game in all the schools in the State.
