All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

Practice Mode:
71.

Which provision under the Industrial Disputes Act, 1947 guarantees the right of workmen laid-off to claim for compensation

A: S.25-O
B: S.26
C: S.25-C
D: S.25-M

The answer is: C

Explanation

The correct option is C: S.25-C.

This is because Section 25-C of the Industrial Disputes Act, 1947 provides the right of workmen laid-off for compensation. According to this section, a workman who is laid-off is entitled to compensation equal to 50% of his total basic wages and dearness allowance for the period of lay-off. However, it is subjected to certain conditions like:

- He is not a badli or a casual workman.
- His name should appear on the establishment’s muster rolls.
- He should have completed not less than one year of continuous service under the employer.
- He should not refuse to accept any alternative employment in the same establishment or in any other establishment belonging to the same employer, if the alternative employment does not involve any reduction in wages or deterioration in conditions of service.
- He should not be laid-off for more than 45 days in any calendar year, unless he agrees to accept compensation for all the days exceeding 45 days.

Option A is incorrect because S.25-O deals with the procedure for closing down an undertaking, and not with the compensation for laid-off workmen.

Option B is incorrect because S.26 deals with the penalty for illegal strikes and lock-outs, and not with the compensation for laid-off workmen.

Option D is incorrect because S.25-M deals with the prohibition of lay-off in certain establishments, and not with the compensation for laid-off workmen.