Sectional Test on Labour and Industrial Law for CLAT PG

Adtiya Aryan12 January 20264 min read

1. Which of the following tests were applied by the Supreme Court in Bangalore Water Supply & Sewerage Board v. A. Rajappa (1978)?

a. Multi-factor Test
b. Integration Test
c. Triple Test
d. Control Test

2. According to the Industrial Disputes Act, 1947, which of the following constitutes “retrenchment”?

a. Termination by an employer for any reason other than punishment
b. Termination due to non-renewal of the employment agreement
c. Termination due to voluntary retirement
d. Termination due to the continuous ill health of an employee

3. Identify the correct statements with respect to Laxmi Devi Sugar Mills Ltd. v. Ram Sagar Pandey (1957), in which the Supreme Court laid down certain conditions that needs to be followed while retrenching the employees.

I. It is the responsibility of the employer to prove that the retrenchment is due to financial issues.
II. While retrenchment, the employer must follow the principle of ‘last come, first go’
III. Any other sufficient reason other than financial issues is valid.

a. I and II
b. II and III
c. II only
d. All of the above

4. Which of the following statements is incorrect regarding the definition of ‘workman’ under the Industrial Disputes Act, 1947?

a. A workman does not include an apprentice
b. Any person employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical, or supervisory work for hire or reward is a workman
c. A workman includes any person who has been dismissed, discharged or retrenched
d. The terms of employment may be express or implied

5. In which of the following cases did the Supreme Court of India held that the employees have no fundamental or statutory right to resort to strike?

a. State of Bombay v. Hospital Mazdoor Sabha (1960)
b. Workmen of Meenakshi Mills v. Meenakshi Mills (1994)
c. Randhir Singh v. Union of India (1982)
d. T.K. Rangarajan v. Government of Tamil Nadu (2003)

6. The doctrine of ‘equal pay for equal work’ was recognised by the Supreme Court under which Articles of the Constitution?

a. Articles 14 and 15
b. Articles 14 and 39(d)
c. Article 21
d. Articles 14 and 19

7. Under the Industrial Disputes Act, which body has the jurisdiction to refer an industrial dispute for adjudication?

a. Industrial tribunal
b. Appropriate Government
c. State Government
d. Central Government

8. Which section of the Minimum Wages Act, 1948, deals with the fixing of the minimum rates of wages?

a. Section 5
b. Section 6
c. Section 3
d. Section 8

9. Which of the following statements are true with respect to the objective of the Industrial Disputes Act, 1948?

I. To make provision for the investigation and settlement of industrial disputes.
II. Maintenance of a peaceful work culture in India
III. To secure industrial peace and harmony by providing mechanism and procedure for the investigation and settlement of industrial disputes by conciliation, arbitration, and adjudication.

a. I and II
b. II and III
c. II only
d. All of the above

10. The primary aim of the standing orders under the Industrial Employment (Standing Orders) Act, 1946, is to

a. To define with sufficient precision the conditions of employment
b. To settle industrial disputes
c. To provide for the registration of Trade Unions
d. To promote collective bargaining

11. Which of the following bodies shall appoint the Registrar of Trade Unions for each State under the Trade Unions Act, 1926?

a. Central Government
b. Appropriate Government
c. Supreme Court of India
d. High Court of the State

12. Identify the correct statements with respect to the New Labour Codes:

I. The Central Government consolidated 24 labour laws into 4 comprehensive labour codes.
II. The Code of Wages, 2019, consolidates the provisions of the two Acts: the Payment of Wages Act, 1936, and the Minimum Wages Act, 1948.
III. The Industrial Relations Code, 2020, consolidates three Acts: the Trade Union Act, 1926, the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947.

a. I and III
b. II and III
c. II only
d. All of the above

13. Which of the following is not an “industrial dispute”?

a. Dispute relating to the conditions of labour
b. Dispute between employers and workmen
c. Disputes connected with employment or non-employment
d. Disputes occurring in small clubs, co-operatives, etc

14. A workman who has been laid off is not entitled to compensation if:

a. He refuses to accept alternative employment in the same establishment
b. If such a layoff is not due to a strike
c. The lay-off is due to the breakdown of machinery
d. The lay-off is due to a shortage of raw materials

15. A “public utility service” requires notice of strike of at least _______ days under the Industrial Disputes Act.

a. 7 days
b. 15 days
c. 30 days
d. 14 days

Answers And Explanations

(C) Bangalore Water Supply & Sewerage Board v. A. Rajappa, redefined what “industry” meant under the Industrial Disputes Act of 1947. The functional Triple Test, the fundamental legal standard for determining industrial categorisation, was established by the seven-judge court through Justice V.R. Krishna Iyer’s majority judgment. The “triple test” stipulates the following requirements: (1) A systematic activity must be established. (2) The employer and employee in the establishment should engage in systematic action. (3) The activity should provide the results of producing commodities, distributing goods, or providing services.
(A) As per Section 2(oo) of the Industrial Disputes Act, 1947, retrenchment means termination of the service of a workman by an employer for any reason other than a punishment inflicted by way of disciplinary action.
(A) In Laxmi Devi Sugar Mills Ltd. v. Ram Sagar Pandey(1957), the Supreme Court affirmed that retrenchment should only take place in case of financial issues. No other reason is valid.
(A) as per Section 2(s) of the Industrial Disputes Act, 1947, A “workman” means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of,…”.

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Adtiya Aryan

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Answers And Explanations

(C) Bangalore Water Supply & Sewerage Board v. A. Rajappa, redefined what “industry” meant under the Industrial Disputes Act of 1947. The functional Triple Test, the fundamental legal standard for determining industrial categorisation, was established by the seven-judge court through Justice V.R. Krishna Iyer’s majority judgment. The “triple test” stipulates the following requirements: (1) A systematic activity must be established. (2) The employer and employee in the establishment should engage in systematic action. (3) The activity should provide the results of producing commodities, distributing goods, or providing services.

(A) As per Section 2(oo) of the Industrial Disputes Act, 1947, retrenchment means termination of the service of a workman by an employer for any reason other than a punishment inflicted by way of disciplinary action.

(A) In Laxmi Devi Sugar Mills Ltd. v. Ram Sagar Pandey(1957), the Supreme Court affirmed that retrenchment should only take place in case of financial issues. No other reason is valid.

(A) as per Section 2(s) of the Industrial Disputes Act, 1947, A “workman” means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of,…”.