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PSSSB Labour Inspector study materials
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PSSSB Labour Inspector practice questions

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Question 1Labour and Industrial Law (Indian and Punjab statutes)

Under the Factories Act, 1948, what is the maximum number of hours a worker may be required to work in any single day, subject to the ordinary provisions on spread-over?

  1. Twelve hours
  2. Eight hours
  3. Ten hours
  4. Nine hours Correct answer.

Explanation

Section 54 of the Factories Act, 1948 fixes the daily limit at nine hours for an adult worker, while Section 51 caps the weekly total at forty-eight hours. Any longer daily spell is permitted only through a specific exemption or an approved spread-over.

Question 2Labour and Industrial Law (Indian and Punjab statutes)

The Payment of Wages Act, 1936 applies in the first instance to employees drawing wages not exceeding which monthly figure, as currently prescribed?

  1. Rs. 21,000
  2. Rs. 24,000 Correct answer.
  3. Rs. 15,000
  4. Rs. 18,000

Explanation

The wage ceiling for coverage under the Payment of Wages Act was raised to Rs. 24,000 per month by the 2017 amendment, and the Central Government may revise it by notification. Employees above the ceiling fall outside the Act's protection.

Question 3Labour and Industrial Law (Indian and Punjab statutes)

Under the Minimum Wages Act, 1948, wages fixed for a scheduled employment are revised by the appropriate government ordinarily at intervals not exceeding how many years?

  1. Ten years
  2. Seven years
  3. Three years
  4. Five years Correct answer.

Explanation

Section 3 read with the scheme of the Act requires the appropriate government to review and revise minimum wages at intervals not exceeding five years. The revision keeps the floor wage aligned with the cost of living.

Question 4Labour and Industrial Law (Indian and Punjab statutes)

Which authority is empowered under the Industrial Disputes Act, 1947 to refer an industrial dispute to a Labour Court or Industrial Tribunal?

  1. The Conciliation Officer
  2. The Labour Court itself
  3. The appropriate Government Correct answer.
  4. The Works Committee

Explanation

Section 10 empowers the appropriate Government to refer an existing or apprehended industrial dispute to adjudication before a Labour Court, Industrial Tribunal or National Tribunal. Conciliation officers and works committees have no power of reference.

Question 5Labour and Industrial Law (Indian and Punjab statutes)

Under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, the employer's normal contribution to the provident fund is what percentage of the employee's basic wages and dearness allowance?

  1. 8 per cent
  2. 12 per cent Correct answer.
  3. 15 per cent
  4. 10 per cent

Explanation

Section 6 read with the Scheme requires the employer to contribute 12 per cent of basic wages plus dearness allowance, matching the employee's own contribution. Of the employer share, 8.33 per cent is diverted to the pension fund.

Question 6Labour and Industrial Law (Indian and Punjab statutes)

A worker in Punjab claims compensation for a personal injury caused by an accident arising out of and in the course of employment. Which statute governs this claim for a worker not covered by the ESI Act?

  1. The Factories Act, 1948
  2. The Industrial Disputes Act, 1947
  3. The Payment of Gratuity Act, 1972
  4. The Employees' Compensation Act, 1923 Correct answer.

Explanation

The Employees' Compensation Act, 1923 (formerly the Workmen's Compensation Act) provides compensation for accidents arising out of and in the course of employment. It applies where the employee is not covered by the ESI scheme.

Question 7Labour and Industrial Law (Indian and Punjab statutes)

Under the Industrial Employment (Standing Orders) Act, 1946, standing orders become enforceable only after which step?

  1. Approval by the Works Committee
  2. Certification by the Certifying Officer Correct answer.
  3. Publication in the Official Gazette
  4. Registration with the Registrar of Trade Unions

Explanation

Section 5 requires the Certifying Officer to certify the draft standing orders after hearing objections, and Section 7 makes them binding only after certification. Mere adoption by the employer has no legal effect.

Question 8Labour and Industrial Law (Indian and Punjab statutes)

The Maternity Benefit Act, 1961, as amended in 2017, entitles a woman employee to paid maternity leave for how many weeks for her first two children?

  1. Twenty-six weeks Correct answer.
  2. Twenty-four weeks
  3. Twelve weeks
  4. Eighteen weeks

Explanation

The 2017 amendment raised paid maternity leave to 26 weeks for the first two children, and 12 weeks for subsequent children. The benefit applies to establishments covered by the Act, including factories and shops.

Question 9Labour and Industrial Law (Indian and Punjab statutes)

An employer in a factory covered by the Factories Act deducts a fine from a worker's wages without having displayed a notice specifying the acts of misconduct and the fine amounts. Which requirement has the employer violated?

  1. Section 25 of the Industrial Disputes Act, 1947
  2. Section 4 of the Minimum Wages Act, 1948
  3. Section 8 of the Payment of Wages Act, 1936 Correct answer.
  4. Section 59 of the Factories Act, 1948

Explanation

Section 8 of the Payment of Wages Act, 1936 permits fines only where the employer has displayed a notice specifying the acts of misconduct and the amounts of fines, and only after the worker is given an opportunity of being heard. Fines must also be credited to a common fund.

Question 10Labour and Industrial Law (Indian and Punjab statutes)

A worker has worked for 260 days in an establishment in the preceding twelve months. What is her entitlement to gratuity on termination of employment under the Payment of Gratuity Act, 1972?

  1. Gratuity at 30 days' wages for each completed year of service
  2. No gratuity, since five years of continuous service is required
  3. Gratuity only if she resigns voluntarily
  4. Gratuity at 15 days' wages for each completed year of service Correct answer.

Explanation

Section 4 requires continuous service of five years, but the 260-day rule means that a worker who has actually worked for not less than 240 days in a year is deemed to have completed a year of service. Gratuity is then payable at 15 days' wages for each completed year.

Question 11Labour and Industrial Law (Indian and Punjab statutes)

An employee earning Rs. 20,000 per month is dismissed from service. Within what period must the employer pay the wages due to him under the Payment of Wages Act, 1936?

  1. Before the end of the month in which dismissal occurs
  2. Within two working days of dismissal
  3. Within the second working day after dismissal Correct answer.
  4. Within seven days of dismissal

Explanation

Section 4(2) requires that where a worker is dismissed, the wages due must be paid before the expiry of the second working day from the date of dismissal. This short window protects the dismissed employee's immediate livelihood.

Question 12Labour and Industrial Law (Indian and Punjab statutes)

A factory employs 120 workers. Under the Factories Act, 1948, which welfare provision becomes mandatory on account of this strength?

  1. A canteen maintained by the occupier Correct answer.
  2. A restroom for all workers
  3. A ambulance room with a qualified nurse
  4. A creche for children of women workers

Explanation

Section 46 of the Factories Act requires a canteen in factories employing more than 250 workers, but Punjab rules and practice extend canteen obligations at lower thresholds; the key statutory welfare provision triggered at higher strength is the canteen. A creche is required where more than 30 women workers are employed.

Question 13Labour and Industrial Law (Indian and Punjab statutes)

An industrial establishment employing 150 workmen proposes to lay off workers. What is the primary condition under the Industrial Disputes Act, 1947 for lawful lay-off?

  1. Written consent of every affected workman
  2. Prior permission of the Labour Court
  3. Payment of compensation equal to 50 per cent of basic wages and dearness allowance Correct answer.
  4. Approval of the Works Committee

Explanation

Section 25C requires an employer to pay lay-off compensation equal to 50 per cent of the total of basic wages and dearness allowance for the days of lay-off, subject to conditions on continuous service. The other conditions relate to the employer's ability to provide work.

Question 14Labour and Industrial Law (Indian and Punjab statutes)

A worker in a scheduled employment is paid below the minimum wage fixed by the Punjab Government. What is the primary remedy available to him?

  1. He may demand arbitration under the Industrial Disputes Act
  2. He may seek compensation under the Employees' Compensation Act
  3. He may file a civil suit for breach of contract
  4. He may claim the difference before the Authority appointed under Section 20 Correct answer.

Explanation

Section 20 of the Minimum Wages Act, 1948 empowers the appropriate Authority to hear claims for payment of minimum wages and to direct payment of the shortfall with compensation up to ten times the amount. The remedy is summary and specific to the Act.

Question 15Labour and Industrial Law (Indian and Punjab statutes)

Under the Contract Labour (Regulation and Abolition) Act, 1970, the principal employer is required to register the establishment when it employs how many or more contract workers?

  1. One hundred or more
  2. Ten or more
  3. Fifty or more
  4. Twenty or more Correct answer.

Explanation

Section 1(4) applies the Act to establishments employing twenty or more workmen as contract labour, and to contractors employing twenty or more such workmen. Registration with the registering officer is then mandatory.

Question 16Labour and Industrial Law (Indian and Punjab statutes)

A trade union in Punjab applies for registration. Which condition must be satisfied under the Trade Unions Act, 1926?

  1. At least ten per cent of the workforce must be members
  2. The employer must approve the application
  3. The union must be affiliated to a central federation
  4. At least seven members must subscribe to the rules and be applicants Correct answer.

Explanation

Section 4 of the Trade Unions Act, 1926 requires that at least seven members subscribe their names to the rules and apply for registration. There is no requirement of employer approval or affiliation.

Question 17Labour and Industrial Law (Indian and Punjab statutes)

An employee covered by the Employees' State Insurance Act, 1948 suffers a temporary disablement. What is the rate of sickness benefit payable?

  1. Fifty per cent of average daily wages
  2. Seventy per cent of average daily wages Correct answer.
  3. Full wages for the period of absence
  4. Ninety per cent of average daily wages

Explanation

Under the ESI scheme as amended, sickness benefit is payable at 70 per cent of average daily wages for the days of certified sickness within the benefit period. The rate was raised from the earlier 50 per cent to strengthen income protection.

Question 18Labour and Industrial Law (Indian and Punjab statutes)

A woman worker in a factory is denied maternity benefit for the period of miscarriage. Which statement correctly states the law under the Maternity Benefit Act, 1961?

  1. She is entitled to full twenty-six weeks of leave
  2. She is entitled to no leave because miscarriage is not childbirth
  3. She is entitled to leave only if the miscarriage occurred after twenty weeks
  4. She is entitled to leave with wages for six weeks following the miscarriage Correct answer.

Explanation

Section 9 of the Maternity Benefit Act entitles a woman to leave with wages for six weeks immediately following the day of her miscarriage or medical termination of pregnancy. No minimum gestational threshold applies to this entitlement.

Question 19Labour and Industrial Law (Indian and Punjab statutes)

Under the Factories Act, 1948, what is the maximum spread-over of work periods for a worker in a day, ordinarily?

  1. Fourteen hours
  2. Twelve hours
  3. Ten and a half hours Correct answer.
  4. Nine hours

Explanation

Section 56 ordinarily limits the spread-over to ten and a half hours in any day, that is, the period from the commencement to the end of work including rest intervals. Exemptions may extend it but the ordinary rule is ten and a half hours.

Question 20Labour and Industrial Law (Indian and Punjab statutes)

A workman is retrenched after one year of continuous service. What is his entitlement under the Industrial Disputes Act, 1947?

  1. Retrenchment compensation at 15 days' average pay for each completed year of service Correct answer.
  2. One month's notice pay only
  3. Gratuity at 15 days' wages per year
  4. No compensation because service is under five years

Explanation

Section 25F requires retrenchment compensation at the rate of 15 days' average pay for every completed year of continuous service or part thereof in excess of six months, along with notice or pay in lieu and compliance with the procedure.

Question 21Labour and Industrial Law (Indian and Punjab statutes)

A factory uses a hazardous process as notified under the Factories Act, 1948. Which obligation applies specifically to the occupier?

  1. To transfer all hazardous work to contractors
  2. To obtain a licence from the Labour Court
  3. To employ only workers above 21 years of age
  4. To constitute a Safety Committee and disclose information about hazards to workers Correct answer.

Explanation

Chapter IV-A of the Factories Act imposes special duties on the occupier of a hazardous process factory, including constituting a safety committee, preparing an on-site emergency plan and disclosing hazard information to workers and the public.

Question 22Labour and Industrial Law (Indian and Punjab statutes)

An employer deducts wages for absence from duty. Under the Payment of Wages Act, 1936, which principle governs the legality of such deduction?

  1. Deduction is permissible only with the Inspector's prior sanction
  2. Deduction is permissible only if the absence exceeds three days
  3. Deduction is impermissible in all circumstances
  4. Deduction is permissible only in proportion to the period of absence Correct answer.

Explanation

Section 7(2) permits deduction for absence from duty only in proportion to the period of absence. A deduction disproportionate to the time actually lost becomes an unauthorised deduction recoverable under the Act.

Question 23Labour and Industrial Law (Indian and Punjab statutes)

A union raises a dispute over the dismissal of a workman. The employer argues the dispute is not an industrial dispute because only one workman is affected. Which reasoning best reflects the law?

  1. A dispute affecting a single workman may be an industrial dispute if it is espoused by a union or a body of workmen Correct answer.
  2. The dispute becomes industrial only after the Labour Court refers it
  3. A dispute involving one workman can never be an industrial dispute
  4. Only disputes affecting fifty or more workmen qualify

Explanation

An individual dispute becomes an industrial dispute when it is taken up by a trade union or a substantial body of workmen as a collective cause. The number of affected workmen is not decisive; the collective espousal is.

Question 24Labour and Industrial Law (Indian and Punjab statutes)

A contractor supplies workmen to a factory. Who is liable to pay wages if the contractor fails to pay, and what is the principal employer's right?

  1. The principal employer must pay and may recover the amount from the contractor Correct answer.
  2. The State Government must pay and recover from the contractor
  3. The workmen must recover directly from the contractor by suit
  4. The principal employer has no liability in any circumstance

Explanation

Section 21 of the Contract Labour (Regulation and Abolition) Act makes the principal employer liable to pay wages if the contractor fails to do so, with a right to recover the amount from the contractor. This protects contract workmen from default.

Question 25Labour and Industrial Law (Indian and Punjab statutes)

An establishment has been ordered to pay minimum wages with compensation under Section 20 of the Minimum Wages Act, 1948. What is the maximum compensation that may be awarded?

  1. Equal to the amount of the claim
  2. Ten times the amount of the claim Correct answer.
  3. Five times the amount of the claim
  4. Twice the amount of the claim

Explanation

Section 20(3) empowers the Authority to direct payment of the shortfall together with compensation up to ten times the amount of the claim. The multiplier is a deterrent against persistent underpayment.

Question 26Labour and Industrial Law (Indian and Punjab statutes)

Under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, an establishment in Punjab becomes coverable primarily on the basis of which criterion?

  1. The number of persons employed therein reaching the statutory threshold Correct answer.
  2. The volume of annual turnover declared for GST purposes
  3. The amount of paid-up capital invested in plant and machinery
  4. The registration of the establishment under the Shops and Commercial Establishments Act

Explanation

Coverage under the EPF Act is triggered by the strength of employment in the establishment, and the Act applies to factories and other establishments employing the prescribed number of persons. Turnover, capital and shop registration are not the statutory trigger. Once covered, the Act continues to apply even if numbers later fall.

Question 27Labour and Industrial Law (Indian and Punjab statutes)

Under the Payment of Bonus Act, 1965, an employee becomes eligible for bonus in an accounting year only if he has worked in the establishment for a minimum number of days in that year. What is that requirement?

  1. Thirty working days Correct answer.
  2. One hundred and twenty working days
  3. Two hundred and forty working days
  4. Sixty working days

Explanation

Section 8 of the Payment of Bonus Act, 1965 fixes thirty working days of work in the establishment during the accounting year as the eligibility threshold for bonus. Days of lay-off, paid leave and certain other absences are deemed to be working days for this purpose. The figure is deliberately low so that most regular employees qualify.

Question 28Labour and Industrial Law (Indian and Punjab statutes)

Which authority is empowered under the Equal Remuneration Act, 1976 to hear and decide claims arising out of a contravention of its provisions?

  1. The Employees' Provident Fund Commissioner
  2. The Inspector appointed under the Act Correct answer.
  3. The District Magistrate of the concerned district
  4. The Labour Court constituted under the Industrial Disputes Act, 1947

Explanation

The Equal Remuneration Act, 1976 authorises the Inspector appointed under it to hear and decide claims arising from a contravention, after giving the parties an opportunity of being heard. The Inspector's order is enforceable, and an appeal lies to the prescribed authority. Labour Courts and Magistrates are not the first forum for such claims.

Question 29Labour and Industrial Law (Indian and Punjab statutes)

Under the Employees' Compensation Act, 1923, which of the following is a prerequisite for an employer's liability to pay compensation for an occupational disease?

  1. The workman must have completed five years of continuous service
  2. The disease must be specified in the Schedules to the Act as peculiar to the employment Correct answer.
  3. The workman must prove negligence on the part of the employer
  4. The disease must have been contracted within the first six months of service

Explanation

Liability for occupational disease under the Employees' Compensation Act, 1923 arises only where the disease is listed in the relevant Schedules as peculiar to the employment concerned. Proof of employer negligence is unnecessary because the liability is statutory. Length of service does not condition the claim in the way suggested.

Question 30Labour and Industrial Law (Indian and Punjab statutes)

Under the Punjab Industrial Establishments (National and Festival Holidays, Casual and Sick Leave) Act, 1965, an industrial establishment is required to grant which of the following to its workers?

  1. Casual leave in lieu of weekly rest days
  2. Paid holidays restricted to the three national holidays of the Republic
  3. Only unpaid festival holidays as declared by the State Government
  4. Paid national and festival holidays together with casual and sick leave Correct answer.

Explanation

The Punjab statute mandates paid national and festival holidays and also provides for casual and sick leave for workers in industrial establishments in the State. It supplements the central labour code rather than replacing it. The entitlement is paid, not unpaid, and is not confined to three days.

Question 31Labour and Industrial Law (Indian and Punjab statutes)

Under the Industrial Disputes Act, 1947, a workman who is a party to an industrial dispute may be represented in proceedings before a Labour Court by which of the following?

  1. A legal practitioner engaged at his own cost in every case
  2. An office-bearer of a registered trade union of which he is a member Correct answer.
  3. An officer of the establishment where he is employed
  4. Any friend of his choosing who is not connected with the dispute

Explanation

Section 36 of the Industrial Disputes Act, 1947 permits a workman to be represented by an office-bearer of a registered trade union of which he is a member. Representation by a legal practitioner requires the consent of the other parties and the leave of the authority. A co-worker or friend may represent only where the statutory conditions are met.

Question 32Labour and Industrial Law (Indian and Punjab statutes)

Under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, who bears the responsibility for issuing a passbook to a migrant workman recording his particulars and wage details?

  1. The migrant workman himself
  2. The principal employer alone
  3. The registering officer of the destination State
  4. The contractor who recruits the workman Correct answer.

Explanation

The Act casts the duty of issuing a passbook containing the prescribed particulars on the contractor, who is also required to retain a copy. The passbook protects the migrant worker by documenting his recruitment, wages and conditions. The principal employer's role is one of supervision and residual liability, not of issuing the passbook.

Question 33Labour and Industrial Law (Indian and Punjab statutes)

Under the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, which of the following is the correct statement about employment of children?

  1. A child below fourteen years may be employed in non-hazardous occupations without restriction
  2. A child below fourteen years may be employed if the establishment maintains a register of children
  3. A child below fourteen years may be employed in any occupation with the written consent of the parent
  4. A child below fourteen years may not be employed in any occupation except as permitted in family enterprises and certain specified activities Correct answer.

Explanation

The Act prohibits employment of a child below fourteen years in all occupations, subject only to the narrow exceptions for family enterprises and specified activities such as audio-visual performances. Parental consent cannot override the statutory prohibition. Maintaining registers is a compliance duty, not a licence to employ children.

Question 34Labour and Industrial Law (Indian and Punjab statutes)

A factory in Ludhiana runs three shifts. Under the Factories Act, 1948, a worker's weekly hours of work are so arranged that he gets one day of rest, and the employer wants to know the maximum permissible hours of work in a week. What is the statutory limit?

  1. Fifty-four hours
  2. Forty-eight hours Correct answer.
  3. Sixty hours
  4. Fifty hours

Explanation

Section 51 of the Factories Act, 1948 fixes forty-eight hours as the maximum weekly hours of work for an adult worker. Section 54 separately caps daily hours at nine, subject to the spread-over rules. Any arrangement exceeding forty-eight hours in a week requires the statutory exemptions and overtime payments.

Question 35Labour and Industrial Law (Indian and Punjab statutes)

A woman employee in a Punjab establishment has been in continuous service and is entitled to maternity benefit. Under the Maternity Benefit Act, 1961, which of the following correctly describes the employer's obligation regarding payment?

  1. The employer may pay a lump sum reduced by the wages already advanced
  2. The employer must pay only if the employee has completed one year of service
  3. The employer may deduct the amount from the employee's provident fund contribution
  4. The employer must pay the benefit directly at the rate of the average daily wage for the period of absence Correct answer.

Explanation

The Maternity Benefit Act, 1961 obliges the employer to pay maternity benefit at the rate of the average daily wage for the days of actual absence, subject to the eligibility conditions in the Act. The benefit cannot be reduced by set-off against advances or by deductions from other statutory dues. Service of one year is not the statutory eligibility test for the benefit.

Question 36Labour and Industrial Law (Indian and Punjab statutes)

An employer in Punjab seeks to change the conditions of service of workmen in a registered industrial establishment. Under the Industrial Disputes Act, 1947, what notice must be given to the workmen before such a change?

  1. Thirty days' notice in the prescribed manner
  2. Seven days' notice in the prescribed manner
  3. Twenty-one days' notice in the prescribed manner Correct answer.
  4. No notice is required if the change is favourable to the workmen

Explanation

Section 9A of the Industrial Disputes Act, 1947 requires twenty-one days' notice to the workmen of any change in the conditions of service covered by the Fourth Schedule. The notice period is mandatory and is intended to allow the workmen to raise an industrial dispute. Even a favourable change falling within the Schedule requires the notice.

Question 37Labour and Industrial Law (Indian and Punjab statutes)

A worker in a Punjab factory is required to work beyond the normal working hours on a particular day. Under the Factories Act, 1948, at what rate must overtime wages be paid for the excess hours?

  1. The ordinary rate of wages with a compensatory holiday only
  2. One and a quarter times the ordinary rate of wages
  3. One and a half times the ordinary rate of wages
  4. Twice the ordinary rate of wages Correct answer.

Explanation

Section 59 of the Factories Act, 1948 requires payment for overtime at twice the ordinary rate of wages for hours worked in excess of the normal daily or weekly limits. The double rate is a specific feature of the Factories Act and is higher than the general overtime norm in some other labour statutes. A compensatory holiday does not discharge the wage obligation.

Question 38Labour and Industrial Law (Indian and Punjab statutes)

A workman in an industrial establishment has completed five years of continuous service and his name has been struck off the rolls on the ground of continued ill health. Under the Industrial Disputes Act, 1947, how is this termination characterised?

  1. It is a dismissal requiring prior approval of the Labour Court
  2. It amounts to retrenchment, attracting the statutory conditions and compensation Correct answer.
  3. It is a voluntary retirement and attracts no statutory benefit
  4. It is not retrenchment because ill health is a ground outside the definition

Explanation

The definition of retrenchment in Section 2(oo) of the Industrial Disputes Act, 1947 excludes termination as a punishment and termination on the ground of continued ill health. Since continued ill health is expressly excluded, the termination in this case is not retrenchment and the retrenchment conditions do not apply. The exclusion is a specific statutory carve-out that must be applied precisely.

Question 39Labour and Industrial Law (Indian and Punjab statutes)

An employer in Punjab is covered by the Payment of Gratuity Act, 1972. A workman dies during service after completing seven years of continuous service. What is the effect of the continuous service requirement on gratuity in this case?

  1. Gratuity is payable because the five-year requirement is waived on death Correct answer.
  2. Gratuity is payable at half the normal rate for the completed years
  3. Gratuity is payable only if the nominee proves financial dependence
  4. Gratuity is not payable because the workman had not retired

Explanation

Section 4 of the Payment of Gratuity Act, 1972 makes gratuity payable on termination of employment after five years of continuous service, but the requirement is waived where the termination is due to death or disablement. The nominee or legal heir can therefore claim gratuity even for shorter service. Proof of financial dependence is not a statutory condition.

Question 40Labour and Industrial Law (Indian and Punjab statutes)

A Punjab establishment covered by the Punjab Shops and Commercial Establishments Act, 1958 employs a young person. Which statement correctly reflects the Act's approach to employment of children in shops and commercial establishments?

  1. A child may be employed with the written permission of the Inspector
  2. Employment of a child below the prescribed age in a shop or commercial establishment is prohibited Correct answer.
  3. A child may be employed if the working hours are restricted to the morning
  4. A child may be employed if the establishment maintains an attendance register

Explanation

The Punjab Shops and Commercial Establishments Act, 1958 prohibits the employment of children below the prescribed age in shops and commercial establishments. The prohibition is absolute and is not cured by restricting hours or by obtaining administrative permission. Maintenance of registers is a separate compliance requirement.

Question 41Labour and Industrial Law (Indian and Punjab statutes)

A workman is injured in an accident arising out of and in the course of his employment and dies as a result. Under the Employees' Compensation Act, 1923, who may claim the compensation?

  1. The trade union of which the workman was a member
  2. The dependants of the deceased workman as defined in the Act Correct answer.
  3. Only the employer's nominee under the standing orders
  4. The State Government on behalf of the workman

Explanation

Where death results from a compensable injury, the Employees' Compensation Act, 1923 makes the compensation payable to the dependants of the workman as defined in the Act. The claim is a statutory one and does not depend on nomination under standing orders. A trade union or the State Government cannot claim in its own right.

Question 42Labour and Industrial Law (Indian and Punjab statutes)

An industrial establishment in Punjab has twenty-five workmen. Under the Industrial Employment (Standing Orders) Act, 1946, what is the position regarding the employer's obligation to have certified standing orders?

  1. The Act applies because the establishment employs one hundred or more workmen, so the obligation is not attracted at this strength Correct answer.
  2. The Act applies to every establishment irrespective of the number of workmen
  3. The Act applies only if the workmen make a written demand
  4. The Act applies only to factories and not to other establishments

Explanation

The Industrial Employment (Standing Orders) Act, 1946 applies to industrial establishments employing one hundred or more workmen, or the lower number notified by the appropriate Government for a particular class. An establishment with twenty-five workmen is therefore outside the Act unless a notification lowers the threshold. The obligation is statutory and does not depend on a demand by workmen.

Question 43Labour and Industrial Law (Indian and Punjab statutes)

A worker in a Punjab factory works on a day that is a weekly holiday for him. Under the Factories Act, 1948, what is the consequence regarding wages for that day?

  1. He forfeits the wages for the weekly holiday
  2. He is entitled to wages at one and a half times the ordinary rate
  3. He is entitled to wages at twice the ordinary rate for work on the weekly holiday Correct answer.
  4. He is entitled to ordinary wages and a compensatory holiday only

Explanation

Where a worker is required to work on a day of weekly rest, the Factories Act, 1948 provides for payment at twice the ordinary rate of wages. The weekly rest itself is a statutory right, and substituting a compensatory holiday does not remove the enhanced wage entitlement. Forfeiture of wages would be contrary to the Act.

Question 44Labour and Industrial Law (Indian and Punjab statutes)

A contractor engages workmen in a Punjab establishment and fails to pay their wages. Under the Contract Labour (Regulation and Abolition) Act, 1970, what is the principal employer's position?

  1. He is liable only if the contractor is unregistered
  2. He is liable only for the wages of workmen who have completed one year of service
  3. He has no liability because the workmen are the contractor's employees
  4. He must pay the wages and may recover the amount from the contractor Correct answer.

Explanation

Section 21 of the Contract Labour (Regulation and Abolition) Act, 1970 makes the principal employer liable to pay wages if the contractor fails to pay them within the prescribed time, with a right of recovery from the contractor. The liability does not depend on the contractor's registration status. Length of service of the workmen is irrelevant to this obligation.

Question 45Labour and Industrial Law (Indian and Punjab statutes)

Under the Minimum Wages Act, 1948, the appropriate Government fixes minimum rates of wages for scheduled employments. Which of the following correctly describes the nature of the minimum wage fixed?

  1. It is a maximum rate beyond which wages cannot be paid
  2. It is a benchmark that may be varied by a collective agreement
  3. It is a statutory floor that cannot be reduced by agreement between the employer and the workman Correct answer.
  4. It is a target rate recommended for adoption by employers

Explanation

Minimum wages fixed under the Minimum Wages Act, 1948 operate as a statutory floor, and an agreement to pay less is void to that extent. The Act protects the worker against exploitation through individual or collective bargaining below the floor. Minimum wages are neither a mere recommendation nor a ceiling.

Question 46Labour and Industrial Law (Indian and Punjab statutes)

A workman in Punjab has been denied wages for a month. He wishes to claim them under the Payment of Wages Act, 1936. Within what period must he present his claim to the authority?

  1. Within six months from the date on which the wages became due
  2. Within twelve months from the date on which the wages became due Correct answer.
  3. Within twenty-four months from the date on which the wages became due
  4. Within three months from the date on which the wages became due

Explanation

Section 15 of the Payment of Wages Act, 1936 requires an application to be presented within twelve months from the date on which the wages became due. The authority may condone delay beyond this period for sufficient cause. Shorter periods such as three or six months are not the statutory limit.

Question 47Labour and Industrial Law (Indian and Punjab statutes)

A factory in Punjab uses a process in which a worker is exposed to a substance that may cause occupational cancer. Under the Factories Act, 1948, which obligation applies to the occupier in respect of such workers?

  1. Arranging periodic medical examinations and maintaining records of workers exposed to the substance Correct answer.
  2. Obtaining the worker's written waiver of the right to compensation
  3. Reducing the worker's wages in lieu of the health risk
  4. Transferring the worker to a non-factory establishment

Explanation

The Factories Act, 1948 imposes duties on the occupier where workers are exposed to substances harmful to health, including periodic medical examination and maintenance of records. These provisions are contained in the chapter on hazardous processes and related health measures. Waivers of statutory rights and wage reductions for health risks are not permitted.

Question 48Labour and Industrial Law (Indian and Punjab statutes)

An employer in Punjab terminates the services of a workman who has completed three years of continuous service, on the ground that he was caught stealing company property. The workman challenges the termination. Which statement best reflects the legal position under the Industrial Disputes Act, 1947?

  1. The termination is valid solely because the workman had less than five years of service
  2. The termination is retrenchment and requires one month's notice and compensation
  3. The termination is a dismissal for misconduct and the employer must follow a fair enquiry to sustain it Correct answer.
  4. The termination is void because no prior permission of the Labour Court was obtained

Explanation

Termination as a punishment inflicted by way of disciplinary action falls outside the definition of retrenchment in Section 2(oo) of the Industrial Disputes Act, 1947. Such a dismissal is judged by the fairness of the enquiry and the principles of natural justice, not by the retrenchment conditions. Prior permission of a Labour Court is not a general requirement for disciplinary dismissal.

Question 49Labour and Industrial Law (Indian and Punjab statutes)

A registered trade union in Punjab wishes to change its name. Under the Trade Unions Act, 1926, what is the correct procedure?

  1. The change is not permitted once the union has been registered
  2. The change requires the consent of not less than two-thirds of the total number of members and registration by the Registrar Correct answer.
  3. The change takes effect automatically once the general body passes a simple majority resolution
  4. The change requires the prior approval of the Labour Commissioner before any resolution

Explanation

Section 25 of the Trade Unions Act, 1926 requires a change of name to be effected with the consent of at least two-thirds of the total number of members and to be registered by the Registrar before it takes effect. A simple majority resolution is insufficient. Registered unions may change their name, but only through the prescribed procedure.

Question 50Labour and Industrial Law (Indian and Punjab statutes)

A workman in Punjab is covered by the Employees' State Insurance Act, 1948 and suffers an employment injury resulting in permanent partial disablement. How is the periodical payment determined?

  1. By reference to the wages last drawn, without any medical assessment
  2. By reference to the number of years of service completed by the insured person
  3. By reference to the employer's contribution record alone
  4. By reference to the percentage of loss of earning capacity assessed for the disablement Correct answer.

Explanation

Under the Employees' State Insurance Act, 1948, permanent partial disablement gives rise to periodical payment calculated with reference to the loss of earning capacity assessed in accordance with the prescribed method. Medical assessment of the extent of disablement is therefore central to the calculation. Length of service and the employer's contribution record do not determine the rate.