Labour Legislation In India (Labour Law): Short Answer Type Questions and their Answer
Answer the Following Quesions;
(i)
Who
is an employer? Discuss under Workmen’s Compensation Act, 1923.
(ii)
Explain
the term ‘Seaman’.
(iii)
Define
the term ‘Miscarriage’.
(iv)
What
is meant by sickness benefits?
(v)
Explain
the term ‘Appropriate Government’ as discussed in Gratuity Act.
(vi)
State
the main object of Payment of Gratuity Act.
(vii)
Write
short note on Pension Fund.
(viii)
Write
short note on ‘State Board’ as understood in Employees Provident Fund,
1952.
(ix)
What
do you mean by minimum bonus?
(x)
Define
the term ‘Available Surplus’ as per Payment of Bonus Act, 1965.
Suggested Answer
i) Question: Who is an employer? Discuss under Workmen’s Compensation Act, 1923.
Ans : “Employer” includes anybody of persons whether incorporated or not and
any managing agent of an employer and the legal representative of a deceased
employer, and, when the services of a workman are temporarily lent or let on
hire to another person by the person with whom the workman has entered into a
contract of service or apprenticeship, means such other person while the
workman is working for him;
ii) Question: Explain the term ‘Seaman’.
Ans: "Seaman" means any person forming
part of the crew of any ship, but does not include the master of the ship;
iii) Question: Define the term ‘Miscarriage’.
Ans: "Miscarriage" means the expulsion of the contents of a
pregnant uterus at any period prior to or during the twenty-sixth week of pregnancy
but does not include any miscarriage, the cause of which is punishable under
the Indian Penal Code.
iv) Question: What is meant by sickness benefits?
Ans: Sickness Benefit(SB) : Sickness Benefit in the
form of cash compensation at the rate of 70 per cent of wages is payable to
insured workers during the periods of certified sickness for a maximum of 91
days in a year. In order to qualify for sickness benefit the insured worker
is required to contribute for 78 days in a contribution period of 6 months
v) Question: Explain the term ‘Appropriate Government’ as discussed in Gratuity Act.
Ans: Appropriate Government under this Act means
(i) In relations to an establishment :
(a) belonging to, or under the control of the Central Governments,
(b) having branches in more then one State,
(c) of a factory belonging to, or under the control of the Central Government,
(d) of a major port, mine, oilfield or railway company, the Central Government
(ii) any others case, the State Government [Section 2(a)]
(a) belonging to, or under the control of the Central Governments,
(b) having branches in more then one State,
(c) of a factory belonging to, or under the control of the Central Government,
(d) of a major port, mine, oilfield or railway company, the Central Government
(ii) any others case, the State Government [Section 2(a)]
vi) Ques: State the main object of Payment of Gratuity Act.
The objects of the Payment of Gratuity Act, 1972 are mentioned below-
i) To provide for a Scheme for the payment of Gratuity to employees.
ii) To provide for matters connected with or incidental to the Scheme for payment of Gratuity.
iii) To provide retiring benefits to employees who have rendered continuous services to his employer and thereby contributed to his prosperity.
iv) To define the principles of payment of gratuity according to the prescribed formula.
v) To provide machinery for the employment of liability for payment of gratuity.
i) To provide for a Scheme for the payment of Gratuity to employees.
ii) To provide for matters connected with or incidental to the Scheme for payment of Gratuity.
iii) To provide retiring benefits to employees who have rendered continuous services to his employer and thereby contributed to his prosperity.
iv) To define the principles of payment of gratuity according to the prescribed formula.
v) To provide machinery for the employment of liability for payment of gratuity.
vii) Question:Write short note on Pension Fund.
Ans: Pension Fund is a fund from which
pensions are paid, accumulated from contributions from employers, employees, or
both.
In
the event of the premature death of the employees the accumulation in the
Provident Fund were too meager to the family of the deceased .Thus another
social security benefit of providing Family Pension through the Employees'
Family Pension Fund Scheme , 1971 was introduced by amending the Act . At
this stage , the Act was renamed as "The Employees' Provident Fund &
Family Pension Act , 1952" and the Employees' Family Pension Scheme came
into force on 1-3-1971.
viii) Question: Write short note on ‘State Board’ as understood in Employees Provident Fund, 1952.
Ans: State Board: According to Section 5-B of
the Act The Central Government may, by a notification in the Official Gazette,
constituent a State Board of Trustees for any state after consultation with the
Government of that state in such manner as may be provided in the scheme. It
shall exercise powers and perform such duties as the Central Government may
assign to it from time to time.
ix) Question: What do you mean by minimum bonus?
Ans: Minimum bonus - Every employer shall be bound to pay
to every employee in respect of any accounting year, a minimum bonus which
shall be 8.33 per cent of the salary or wage earned by the employee during the
accounting year or one hundred rupees, whichever is higher, whether or not the
employer has any allocable surplus in the accounting year. Where an employee
has not completed fifteen years of age at the beginning of the accounting year,
the minimum bonus payable is 8.33% or Rs 60 whichever is higher. [Section 10].
x) Question: Define the term ‘Available Surplus’ as per Payment of Bonus Act, 1965.
Ans: “Available surplus”.
The
available surplus in respect of any accounting year shall be the gross profits
for that year after deducting there from the sums referred to in section 6:
Bonus payable under the Act is linked with
profits. The employer has to calculate “gross profits” of his establishment in
the manner specified in section 4. Then, from “gross profits” so calculated he
has to deduct the sums referred to in section 6 as prior charges. The balance
is called “available surplus”.
