42. Loss of one eye without complication, the other being normal, is what kind of injury under Schedule 1 of the Employees’ Compensation Act, 1923?
(a) Permanent total disablement (b) Permanent partial disablement (c) Temporary partial disablement (d) Will be decided based on medical examination.
Answer: (b) Permanent partial disablement Explanation: Under Schedule I of the Employees’ Compensation Act, 1923, loss of one eye (without complications to the other eye) is classified as a permanent partial disablement, corresponding to a 40% loss of earning capacity. It is not total disablement (which requires loss of both eyes or other severe combinations), nor temporary, as the loss is permanent.
43. A person ‘X’, aged 48 years, was working in a mine where he met a fatal accident while working underground. He was receiving wage of ₹12,000 when this unfortunate incident occurred. What is the amount of Employees’ Compensation under the Employees’ Compensation Act, 1923?
(a) ₹6,40,800 (b) ₹8,30,000 (c) ₹9,58,000 (d) ₹10,41,760
Answer: (c) ₹9,58,000 Explanation: Under the Employees’ Compensation Act, 1923, compensation for death is calculated as 50% of monthly wages multiplied by the relevant factor from Schedule IV (based on age). Monthly wage = ₹12,000, so 50% = ₹6,000. The relevant factor for age 48 is 159.80. Thus, ₹6,000 × 159.80 = ₹958,800. The closest matching option (accounting for possible rounding or minor transcription variance in the document) is (c).
44. In which one of the following judgments did the Supreme Court lay down the ‘Triple test’ respect of the definition of ‘industry’ under the Industrial Disputes Act, 1947?
(a) State of Bombay v. the Hospital Mazdoor Sabha, AIR 1960 SC 610 (b) Bangalore Water Supply and Sewerage Board v. R. Rajappa, AIR 1978 SC 548 (c) State of U.P. v. Jai Bir Singh, (2005) SCC1 (d) Mis Bharati Airtel Limited v. A.S. Raghavendra (Civil Appeal No. 3187 of 2023)
Answer: (b) Bangalore Water Supply and Sewerage Board v. R. Rajappa, AIR 1978 SC 548 Explanation: In this landmark 1978 Supreme Court judgment (a 7-judge bench), the ‘triple test’ was established to define ‘industry’ under Section 2(j) of the Industrial Disputes Act, 1947: (1) systematic activity, (2) cooperation between employer and employees, and (3) production/distribution of goods or services to satisfy human wants. The other cases do not define this test.
45. Which one of the following industries is not a public utility service under the First Schedule of the Industrial Disputes Act, 1947?
(a) Chemical Fertilizer Industry (b) Iron Mining (c) Manufacture of Alumina and Aluminium (d) Tea Plantation
Answer: (d) Tea Plantation Explanation: The First Schedule of the Industrial Disputes Act, 1947, lists industries that can be declared public utility services under Section 2(n)(vi). It includes Chemical Fertilizer Industry (item 33), Iron Ore Mining (item 16, covering Iron Mining), and Manufacturing of Alumina and Aluminium (item 30). Tea Plantation is not listed in the schedule.
46. The mandate of giving a notice of six weeks as per the provision under the Industrial Disputes Act, 1947 is applicable to which of the following categories of people?
- Workmen employed in public utility service, before going for a strike
- Workmen employed in public utility service, before declaring a lock-out
- Workmen employed in any service, before going for a strike
Select the answer using the codes given below: (a) 2 only (b) 2 and 3 (c) 1 and 2 (d) 1 only
Answer: (d) 1 only Explanation: Under Section 22(1) of the Industrial Disputes Act, 1947, workmen in public utility services must give notice within six weeks before striking (the notice is effective for up to six weeks, with a 14-day cooling-off period). Lock-outs are declared by employers, not workmen, so option 2 is incorrect. For non-public utility services, no such notice is required, making option 3 incorrect.
47. In which of the following situations will gratuity be payable to Mr. ‘X’ under the Payment of Gratuity Act, 1972?
- Mr. ‘X’ resigns from the industry after rendering continuous service for six years
- Mr. ‘X’ dies from an accident in the industry after rendering continuous service for two years
- Mr. ‘X’ retires from the industry after rendering continuous service for five years
Select the answer using the codes given below: (a) 3 only (b) 1 and 3 (c) 1 only (d) 1 and 2 only
Answer: (b) 1 and 3 Explanation: Under Section 4 of the Payment of Gratuity Act, 1972, gratuity is payable to the employee after at least five years of continuous service upon resignation, retirement, or superannuation. Situation 1 (resignation after six years) and 3 (retirement after five years) qualify. Situation 2 (death after two years) qualifies for payment, but it is made to the nominee/heirs, not to Mr. ‘X’ directly, as specified in the question (“payable to Mr. ‘X'”).
48. Which one of the following is not a right provided to a registered Trade Union under Chapter III of the Trade Unions Act, 1926?
(a) Constitution of a separate fund for political purposes (b) Giving membership to a person aged 17 years (c) Committing a tortious act in contemplation of a trade dispute, by an agent of the Trade Union, without the knowledge of the executive of Trade Union (d) Making changes in the employment contract through an act done in contemplation of a trade dispute
Answer: (c) Committing a tortious act in contemplation of a trade dispute, by an agent of the Trade Union, without the knowledge of the executive of Trade Union Explanation: Chapter III of the Trade Unions Act, 1926, provides rights like maintaining a political fund (Section 16), membership from age 15 (Section 21, so 17 is allowed), and immunity from civil suits for acts in furtherance of trade disputes (Section 18, including inducing contract changes). However, immunity does not extend to acts by agents without the knowledge or authorization of the union’s executive, as such acts are not considered union actions.
49. In which one of the following circumstances, claim maternity benefit of twenty-six weeks as prescribed under the Maternity Benefit Act, 1961?
(a) She has one surviving child and is a commissioning mother (b) She has one surviving child and acts as a surrogate (c) She has no surviving child and is a commissioning mother (d) She has no surviving child and faces a miscarriage
Answer: (b) She has one surviving child and acts as a surrogate Explanation: Under Section 5 of the Maternity Benefit Act, 1961 (amended 2017), a woman is entitled to 26 weeks of maternity benefit if she has fewer than two surviving children and is the one delivering the child (including surrogates, as they undergo pregnancy and delivery). Commissioning mothers (biological but not carrying) get 12 weeks (options a and c). Miscarriage entitles only 6 weeks (option d).
50. How many nursing breaks does the Maternity Benefit Act, 1961 prescribe for a woman who returns to work after her delivery?
(a) Two breaks in addition to the interval for rest allowed to her (b) Two breaks within the interval for rest allowed to her (c) Three breaks in addition to the interval for rest allowed to her (d) One break within the interval for rest allowed to her
Answer: (a) Two breaks in addition to the interval for rest allowed to her Explanation: Section 11 of the Maternity Benefit Act, 1961, provides for two nursing breaks (of prescribed duration) in addition to regular rest intervals, until the child is 15 months old.