All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

Practice Mode:
44.

The term “Lay-off” has been defined under the Industrial Dispute Act :

A: Sec 2(KKK)
B: Sec 2(0)
C: Sec 2(1)
D: Sec 3(1)

The answer is: A

Explanation

The correct option is A: Sec 2(KKK).

This is because the term "lay-off" under the Industrial Dispute Act, 1947 is defined in section 2(KKK) as follows:

"2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(KKK) “lay-off” (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the breakdown of machinery [or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched;"

This definition is also cited by various web sources that explain the concept and reasons of lay-off in industrial disputes.

Option B is incorrect as section 2(0) does not exist in the Act.

Option C is incorrect as section 2(1) defines "lock-out".

Option D is incorrect as section 3(1) deals with the constitution of works committee.