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Industrial Relations and Labour Laws-1st-2016-NMIMS

Industrial Relations and Labour Laws-1st-2016-NMIMS
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Q1. Discuss the objectives and ideologies of INTUC, AITUC and BMS. Highlight the similarities and differences between the functioning styles of these unions. (10 marks)
Q2. Explain the grievance handling procedure as per Industrial Disputes Act. (10 marks)
Q3. A workmen- respondent in this case was appointed as an accountant in the appellant-company. It was submitted on behalf of the appelant that the respondent was not a workman as per the Act, which excluded any person who is working in managerial or administrative capacity. In fact, the respondent himself in his reply before the Labour Court had admitted that he was handling and dealing with other companies also and was given one scooter with fuel, therefore he was discharging duty of managerial nature. It was submitted by the appellant that the respondent was not entitled to back wages because he had failed to prove that he was not engaged in gainful work during the entire period. However, findings based on evidence implied that no managerial functions has been assigned to him and this prompted Labour Court to pass an award in favour of the workman. However, modification was made in the award of back wages by reducing it by 25%. The applicant- company was aggrieved against such order passed by Labour Court.The Court considered the submissions of the parties and perused the reasons given in the award as well as in the impugned order. It was also considered that it was an undisputed fact that the respondent, who was admittedly appointed on the post of accountant, was assigned the duty of realisation of amounts from other companies and for that purpose he was provided with a scooter and fuel
a) Which Act can be applied to the case? Do you think that any managerial function has been asigned to the respondent? (5 marks)
b) Should the Court interfere with the impugned order of reducing the back wages by 25% by the Labour Court? (5 marks)
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