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Labour and Industrial Law II

Semester 3 · 18 topics in 5 units

Past question papers for Labour and Industrial Law II

Unit I 4 topics

  1. Labour welfare, social security and the ILOWhat labour welfare, social welfare and social security mean, the ILO standards that shaped Indian social security law, the constitutional provisions behind it, and how the Code on Social Security, 2020 replaced nine Acts from 21 November 2025.7 min
  2. Employees' compensation: history, definitions and the employer's liabilityHow workmen's compensation grew out of the failure of the common law, the key definitions in Chapter VII of the Code on Social Security (employee, dependant, employer, the kinds of disablement), and when the employer is liable under section 74 for injury by accident and occupational disease.9 min
  3. Arising out of and in the course of employment, and notional extensionThe two tests every compensation claim must pass, the doctrine of notional extension from Saurashtra Salt and BEST v. Agnes, the heart-attack cases, and the new commuting rule in sections 74(4) and 34(3) of the Code on Social Security that changes the old answer on journeys to and from work.8 min
  4. Calculation of compensation, notice and claim, and the competent authorityHow compensation is worked out under section 76 of the Code on Social Security for death, total, partial and temporary disablement, monthly wages, interest and penalty for delay, notice and the two-year claim, distribution through the competent authority, and its appointment, powers and the appeal to the High Court.9 min

Unit II 3 topics

  1. Employees' State Insurance: evolution, scope and definitionsWhy ESI was set up, which establishments Chapter IV of the Code on Social Security covers, the meaning of factory, employer and principal employer, employee, dependant, insured person and employment injury, how contributions are paid, and how the ESI Corporation is constituted.7 min
  2. ESI benefits and the settlement of disputes and claimsThe six benefits under section 32 of the Code on Social Security (sickness, maternity, disablement, dependants', medical and funeral), the general rules on benefits, the Corporation's rights against a defaulting employer, assessment of dues, and the Employees' Insurance Court with its exclusive jurisdiction and appeal to the High Court.8 min
  3. Maternity benefit under the Code on Social SecurityChapter VI of the Code on Social Security (the old Maternity Benefit Act, 1961): where it applies, the bar on employing women after delivery, the 80-day condition and 26 weeks of benefit, calculation, notice and payment, medical bonus, leave for miscarriage, nursing breaks and creche, protection against dismissal, forfeiture, and the inspector-cum-facilitator.7 min

Unit III 3 topics

  1. Employees' provident fund under the Code on Social SecurityChapter III of the Code on Social Security (the old EPF and Miscellaneous Provisions Act, 1952): object, coverage, employee and wages, the three schemes (provident fund, pension, deposit-linked insurance) and their contributions, the Central Board and its officers, inspector-cum-facilitators, and the assessment, damages and recovery of dues.7 min
  2. Gratuity: when it is payable, continuous service and forfeitureChapter V of the Code on Social Security (the old Payment of Gratuity Act, 1972): where it applies, the five events on which gratuity is payable, the five-year rule and its exceptions for death, disablement and fixed term employment, the meaning of continuous service, and the narrow grounds on which gratuity can be forfeited.7 min
  3. Gratuity: amount, nomination, compulsory insurance and the competent authorityHow gratuity is calculated (fifteen days' wages for each year, the 26-day divisor, piece-rated and seasonal workers, the notified ceiling), the nomination procedure, the employer's duty to determine and pay within thirty days, interest for delay, disputes before the competent authority and appeal, and compulsory insurance or an approved gratuity fund.6 min

Unit IV 4 topics

  1. The OSH Code: objectives, scope and key definitionsWhy the Occupational Safety, Health and Working Conditions Code, 2020 was enacted, the thirteen Acts it replaced, where it applies and where it does not, and the definitions examiners ask for: adolescent, adult, appropriate Government, employee, employer, establishment, audio-visual worker, building worker, contract labour, contractor, factory and family.8 min
  2. Duties, safety, health and welfare under the OSH CodeThe duties of employers, employees, manufacturers and designers under Chapter III of the OSH Code 2020, the National Board and safety standards, health and working conditions, the welfare facilities and their thresholds, and the special rules for factories carrying on hazardous processes, with the Factories Act equivalents and the Oleum gas leak case.8 min
  3. Hours of work, annual leave and employment of women and young persons under the OSH CodeDaily hours, weekly and compensatory holidays, overtime at twice the rate, night shifts and annual leave with wages under Chapter VII of the OSH Code 2020; women's right to work at night with consent under Chapter X; and how adolescents and children are dealt with through the Child and Adolescent Labour Act, 1986, with the Somu factory problem solved.9 min
  4. Inspector-cum-Facilitators, audio-visual workers, offences and the social security fund under the OSH CodeThe Inspector-cum-Facilitator and the web-based inspection scheme, inspection powers and prohibition orders, the medical officer, the written-agreement regime for audio-visual workers, the graded penalties of Chapter XII with the improvement notice, adjudication and compounding, and the fund for unorganised workers into which penalties are paid.8 min

Unit V 4 topics

  1. Contract labour under the OSH CodePart I of Chapter XI of the OSH Code 2020, which replaced the Contract Labour (Regulation and Abolition) Act 1970: its objects, the fifty-worker threshold, registration and licensing of contractors, welfare and wages as the principal employer's liability, the ban on contract labour in core activities, and the absorption cases from Standard Vacuum to SAIL.7 min
  2. Inter-State migrant workers under the OSH CodePart II of Chapter XI of the OSH Code 2020, which replaced the Inter-State Migrant Workmen Act 1979: who is an inter-State migrant worker, the ten-worker threshold, registration and the contractor's licence, the employer's duties, journey allowance, ration portability, the helpline and the national database, and the Asiad and 2021 migrant labourers cases.6 min
  3. Building and other construction workers: welfare boards, cess and benefitsChapter VIII of the Code on Social Security, which replaces the welfare side of the Building and Other Construction Workers Act, 1996 and the Cess Act, 1996: who is a building worker, the State welfare boards and their functions, the one to two per cent cess, self-assessment, penalty and appeal, registration of beneficiaries, and the welfare fund.7 min
  4. Social security for unorganised, gig and platform workersChapter IX of the Code on Social Security, which replaces the Unorganised Workers' Social Security Act, 2008: who is an unorganised, gig or platform worker, the Central and State schemes, the National and State boards, registration and the e-Shram portal, the aggregator's contribution of one to two per cent of turnover, the Social Security Fund, and Karnataka's 2025 gig workers law.7 min