Friday, November 28, 2014

Dibrugarh University (1st Semester - Both New and Old Course): Business Environment Important Questions and Answers for Nov'2015 Exam

Business Environment selected questions for Nov’ 2015 Exam (NEW COURSE)

Unit 1
Q. What do you mean by business environment? What are its features? Explain its importance. VVI
Q. Discuss the internal (micro) and external (macro) factors of business environment. VVI
Q. What is Swot analysis? Explain its techniques and Importance.
Q. Write Short note on changing dimension of business environment of India since 1991.
Q. Write Short notes on:
Ø  SWOT Analysis
Ø  Environmental Scanning  VVI
Ø  Features of Indian Business Environment

Unit 2
Q. Explain the meaning of Economic Environment. What are its elements?        VVI
Q. What do you mean by “Business Cycle”? Explain the phases of Business Cycle with the help of a diagram. VVI 
Q. What do you mean by Economic Growth? What are the factors affecting economic growth in India?
Q. Explain the causes of industrial sickness and analyse the effect of it in the north-eastern region of India.

Sunday, November 23, 2014

Consumer Protection Act: Short Notes

Person
A person includes:
a)      A firm whether registered or not;
b)      A Hindu undivided family;
c)       A co-operative society;
d)      Every other association of persons whether registered under the Societies Registration Act, 1860 or not;
e)      A person by himself has no standing under the Consumer Protection Act. A person has to be a consumer within the definition of the word ‘Consumer’ to get remedy.

Goods
Goods mean goods as defined in the Sale of Goods Act 1930. Goods mean every kind of movable property other than actionable claims and money. E.g. it includes stocks and shares, attached to or forming part of the land including growing crops, grass which are agreed to be served before sale or under the contract of sale.

Consumer Protection Act: Features and Objectives


Features of Consumer Protection Act are:
a)      The Act applies to all goods and services unless specially exempted by Union Government.
b)      It covers all sectors – public, private or cooperative.
c)       Provisions of the Act are compensatory in nature.
d)      It contains all consumers’ rights - to choose, to be heard, to be informed, to safety, education and redressal.
e)      It empowers consumers seeking discontinuance of trader’s malpractices, defective goods, service deficiencies or withdrawal of hazardous goods from the market.

OBJECTIVES OF CONSUMER PROTECTION ACT, 1986
The main objective of the act is to provide for better protection of consumers. Unlike existing laws which are punitive or preventive in nature, the provisions of this Act are compensatory in nature. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, and reliefs of a specific nature and award of compensation wherever appropriate to the consumer.

Consumer Protection Act: Consumer Dispute and Redressal Agencies

Consumer Dispute
Section 2 (1) (e) provides "consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint;
A Consumer dispute would arise when there is a complaint by a consumer and the person against whom the complaint has been made denies or disputes the allegations contained in the complaint.
When a material proposition of fact or law is affirmed by one of the party and denied by the other, the issues arise and Court frames those issues in the form of questions. Each of such allegations made by the Complainant and denied by the defendant becomes a “consumer dispute.

CONSUMER PROTECTION COUNCILS
The consumer Protection Act provides for the constitution of consumer protection councils at Central, State and District levels.
1.    The Central Consumer Protection Council: The Central Government may, by notification, establish with effect from such date as it may specify in such notification, a council to be known as the Central Consumer Protection Council (hereinafter referred to as the Central Council).
Membership:

Consumer Protection Act: Complaint and Procedure for filing Complaint

Complaint
In Section 2 (1) (c) "complaint" means any allegation in writing made by a complainant that:
a)      an unfair trade practice or a restrictive trade practice has been adopted by any trader;
b)      the goods bought by him or agreed to be bought by him suffer from one or more defect;
c)       the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect;
d)      a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods;
e)      goods which will be hazardous to life and safety when used are being offered for sale to the public in contravention of the provisions of any law for the time being in force requiring traders to display information in regard to the contents, manner and effect of use of such goods.

With a view to obtaining any relief provided by or under this Act; the essential features of a “Complaint” are -

Consumer Protection Act: Consumers - Rights and Responsibilities

Consumer
Section 2 (1) (d) of the Consumer Protection Act, 1986 defines the term "consumer". It says ‘consumer’ means any person:
a)      Who buys goods and has paid or promised to pay a consideration partly or fully under any system of deferred payment.
b)      Who hires or avails of services and has paid or promised to pay a consideration partly or fully under any system of deferred payment.
c)       Who uses the goods with the approval of the person who has bought the goods for a consideration
d)      Who is a beneficiary of the services hired or availed by an individual with the consent of that individual?

Who is not a consumer?
a)      An applicant for a passport has been held to be not a consumer, because the duties of the passport officer do not fall in the category of services for consideration.

Sale of Goods Act: Meaning of Goods Under Sale of Goods Act

“Goods’ under the Sale of Goods Act, 1930.
Goods is defined in Section 2 (7) as ‘Every kind of moveable property other than actionable claims and money; and includes stocks and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.’ Trademarks, copyrights, patent rights, goodwill, electricity, water and gar are all considered as goods.

Goods may be classified into various types as under:-
1. Existing goods – These are goods which are owned and possessed by the seller at the time of sale. Only existing goods can be the subject-matter of a sale. The existing goods may be –

Specific goods – These are goods which are identified and agreed upon at the time of contract of sale is made. For e.g. a person visit s a Titan showroom and identifies a watch for purchase.
Ascertained goods – Though commonly used as similar in meaning to specific goods, these are the goods which become ascertained subsequent to the formation of contract of sale. For e.g. from say 10 Sony T.V. a person identifies the particular T.V.

Sale of Goods Act: Implied warranties and implied conditions

Implied Conditions:
1. Condition as to title – In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there is an implied condition on the part of the seller that –
(a) In the case of a sale, he has a right to sell the goods and
(b) In the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass.

2. Sale by description – Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description (Section 15). If you contract to sell peas, you cannot oblige a party to take beans.

3. Sale by sample – In a case of a contract for sale by sample, there is an implied condition:

Sale of Goods Act: Unpaid Seller

Unpaid Seller and His Rights
Section 45 define an unpaid seller as “One who has not been paid or tendered the whole of the price or one who receives a bill of exchange or other negotiable instrument as conditional payment and the condition on which it was received has not been fulfilled by reason of dishonour of the instrument or otherwise.”

The following conditions must be fulfilled before a seller can be deemed to be an unpaid seller –
(i) He must be unpaid and the price must be due.
(ii) He must have an immediate right of action for the price.
(iii) A bill of exchange or other negotiable instrument was received but the same has been dishonoured.
The rights of an unpaid seller can be broadly divided under 2 main headings –
I] Rights against the goods and
II] Rights against the buyer

Sale of Goods Act: Caveat Emptor

‘Caveat Emptor’ and exceptions to this rule
The term ‘Caveat Emptor’ means ‘Let the buyer beware’ i.e. in sale of goods, the seller is under no duty to reveal unflattering truths about the goods sold. Therefore, when a buyer buys some goods, he must examine them thoroughly. If the goods turn out to be defective or do not suit his purpose, or if he depends upon his own skill and judgment and makes a bad selection, he cannot blame anybody excepting himself.
For e.g. H bought oats from S a sample of which had been shown to H. H erroneously thought that the oats were old. However the oats were new. Held, H could not avoid the contract. (Smith vs. Huges)
The doctrine of Caveat Emptor has certain important exceptions as under –

1. Fitness for buyer’s purpose – Where the buyer, expressly or by implication makes known to the seller the particular purpose for which he needs the goods and depends upon the skill and judgement of the seller whose business it is to supply goods of that description, there is an implied condition that the goods are reasonable fit for that purpose. [Section 16(1)]. For e.g. an order was placed for some Lorries to be used “for heavy traffic in a hilly area”. The Lorries supplied were unfit and broke down. Held, there is a breach of condition as to fitness.

Sale of Goods Act: Condition and Warranty - Introduction and Differences

‘Condition’ and ‘Warranty’
 Section 12(2) states that a condition is a stipulation which is essential to the main purpose of the contract. The breach of a condition gives rise to a right to treat the contract as repudiated or broken.
Example – A buys from B hair oil advertised as pure coconut oil. The oil turns out to be mixed with herbs. A can return the oil and claim the refund of price.
Section 12(3) states that a warranty is a stipulation which is collateral to the main purpose of the contract. The breach of a warranty gives rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated.
Example – A while selling his car to B, stated the car gives a mileage of 12 kms per litre of petrol. The car gives only 10 kms per litre. B cannot reject the car. It is breach of warranty. He can only claim damages for the loss due to extra consumption of petrol.

Difference between Condition and warranty:

Sale of Goods Act: Sale and Agreement to Sale

Contract of Sale and Its essentials
According to Section 4 of the Sale of Goods Act, 1930, ‘A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in the goods to the buyer for a price.’
The term ‘Contract of sale’ is a generic term and includes both a sale and an agreement to sell. Where under a contract of sale, the property in the goods is transferred from the seller to the buyer (i.e. at once), the contract is called a ‘sale’ but where the transfer of the property in the goods is to take place at a further time or subject to some condition thereafter to be fulfilled, the contract is called an ‘agreement of sell’. [Section 4(3)].

An agreement to sell becomes a sale when the time elapses or the condition, subject to which the property in the goods is to be transferred, is fulfilled. [Section 4(4)].

The essentials of a contract of sale are:

Indian Contract Act: Free Consent

Free Consent
Section 13 defines consent as “Two or more persons are said to consent when they agree upon the same thing in the same sense.” Consent of the party’s means, the parties to a contract must mean the same thing in the same sense. It means ‘Consensus ad idem’. For e.g. A have 2 cars – Maruti 800 and Maruti Zen. A offers to sell the Maruti 800 while B accepts the offer thinking the car to be sold is Maruti Zen. Here there is no consent.
Free consent refers to consent which has been rendered by free will of the parties i.e. consent is voluntary. Section 10 of the Act, specifically states that a contract is valid and enforceable if it is made with the free consent of the parties.

Section 14 defines ‘Free Consent’ as – Consent is said to be free consent when it is not caused by –
(i) Coercion, as defined in Section 15, or
(ii) Undue influence, as defined in Section 16, or
(iii) Fraud as defined in Section 17, or
(iv) Misrepresentation as defined in Section 18, or

Indian Contract Act: Valid, Void and Voidable Contract

VALID CONTRACT
Valid contract is that which is enforceable at law. It creates legal obligations between the parties. It enables one party to compel another party to do something or not to do something. In case of valid contract all the parties to the contract are legally responsible for the performance of a contract. If one party breaks the contract other has right to be enforced through the court.
Example: Mr. A proposes sell his one acre land to Mr.B for one lac and the parties are capable to do the contract by law. So this contract is valid. If Mr.A fails to deliver the land to Mr. B can sue him in the court for the delivery of land. On other hand if Mr. B fails to make the payment, Mr.A can sue him for the recovery of payment.

VOID CONTRACT
"An agreement not enforceable at law is a void contract". Originally it is a valid contract but due to certain reasons it becomes void after its formation. A void contract cannot be enforced by either party. In this case the parties are not legally responsible to fulfill the contract. If any party has received any benefit is bound to return. This contract takes place when consent of one of the parties is not free.

Indian Contract Act: Contingent Contract and Quasi Contract

Contingent Contract
A ‘contingent contract’ is a contract, to do or not to do something If some event, collateral to such contract does or does not happen. For example:
Ø  A contract to pay B Rs.10, 000 if B house is burnt.
Ø  A promise to pay B Rs.1, 00,000 if a certain, ship does not return within a year.

Essential features of a contingent contract:
a) It is a contract to do or not to do something
b) Dependent on happening or non happening of an event
c) Such an event is a collateral event (i.e. it is collateral) to the contract i.e. the event must not depend upon the mere will of party.
d) The event is uncertain.

Enforcement of Contingent Contract:

Indian Contract Act: Various Modes to Discharge a Contract

Modes of discharge of a contract
A Contract is said to be discharged when the rights and obligations created by it come to an end. A contract may be discharged in the following modes:-
1.       Discharge by performance: Discharge by performance takes place when the parties to a contract fulfill their obligations arising under the contract within the time and in the manner prescribed. Performance may be actual performance or attempted performance.

2.       Discharge by Agreement or Consent: A Contract comes into existence by an agreement and it may be discharged also by an agreement. The following are modes of discharge of a contract by an agreement:

a)      By Waiver: Waiver takes place when the parties to a contract agree that they shall no longer be bound by the contract. For e.g. A an actor promised to make a guest performance in the film made by B. Later B forbids A from making the guest appearance. B is discharged of his obligation.

Indian Contract Act: "No Consideration, No Contract"

Consideration and Its Essentials
Section 2 (d) of Indian Contract Act, 1872, defines consideration as “When at the desire of the promisor the promise or any other person has done or abstained from doing or does or abstains from doing something, such act abstinence or promise is called a consideration for the promisor.”
Consideration is an advantage or benefit which moves from one party to another. It is the essence of bargain. It is the reciprocal promise i.e. to do something or abstain from doing something in return of a promise. It is necessary for an agreement to be enforceable by law. In consideration both the parties give something & get something in return. It may be in cash or kind.

The following are the rules related to the consideration:
(i) Consideration must move at the desire of promisor. If it is done at the instance of a third party without the desire of the promisor, it is not consideration. Act done at the desire of a third party is not a consideration. Act must be done voluntarily at the desire of the promisor.

Indian Contract Act: Essential Elements of a Valid Contract

“All contracts are agreements, but all agreements are not contracts.” [Essentials of a Valid Contract] or “A Contract is an agreement enforceable by Law”

Section 2 (h) defines ‘Contract’ as an agreement enforceable by law.  If we analyse the definition it has two components viz.
(i) An agreement an
(ii) Its enforceability by law.
Section 2 (e) defines ‘agreement’ as “every promise and set of promises forming consideration for each other”. For a contract to be enforceable by law there must be an agreement which should be enforceable by law. To be enforceable, the agreement must be coupled with obligation. Obligation is a legal duty to do or abstain from doing what one promised to do or abstain from doing.  All contracts are agreements but for agreement to be a contract it has to be legally enforceable.
Section10 of the Act provide “All agreements are contracts if they are made by the free consent of the parties competent to contract for lawful object & are not hereby expressly declared void.”  All contracts are agreements but for an agreement following essential element are required:

Negotiable Instruments Act: Endorsement and Its kinds

Endorsement:
Endorsement is the act of signing a cheque for the purpose of transferring it to somebody else. Under Negotiable Instruments Act it means the writing of one’s name on the back of the instrument or any paper attached to it with the intention of transferring the rights therein.
 A bearer cheque can be transferred by mere delivery but an order cheque is transferred by endorsement and delivery. Endorsements are usually made on the back of the cheque, though they can be made on its face as well. If, however, no space is left on the instrument, it may be made on a separate paper attached to it.
Endorsements are of various kinds, the most important being as follow:
a.       Blank or general endorsement: A blank or general endorsement is one in which the endorser simply puts down his signature. The name of the endorsee, it should be noticed is not put down. The effect of such an endorsement is to make the cheque a bearer cheque. The property in the cheque can now be transferred by mere delivery, no endorsement being required. Thus an order cheque can be made a bearer cheque by putting down a blank endorsement.

Negotiable Instruments Act: Types of Cheque - Open and Crossed

Types of Cheques:
Based on this characteristic, cheques can be classified into two main groups. They are:
1. Open cheques; and
2. Crossed cheques

In case of open cheques, the amount of such cheques can be collected by the payee over the counter of the bank. These cheques are of two types:

1. Bearer cheque: The cheque which is payable to the bearer or the possessor, is called the bearer cheque. Such cheque can be transferred by mere delivery without any endorsement. For example, “Pay Ram or bearer” is a bearer cheque, where Ram or any other person who possess the cheque, can collect the amount of the cheque.

Negotiable Instruments Act: Cheque and Its features, Cheque vs. Bills of Exchange

Cheque and its essentials:
A Cheque is a special type of Bill of Exchange. It is drawn on banker and is required to be made payable on demand. A “cheque” is defines as “a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand.” [Section 6]
‘Cheque’ includes electronic image of a truncated cheque and a cheque in electronic form. The definition is amended by Amendment Act, 2002, making provision for electronic submission and clearance of cheque. The cheque is one form of Bill of Exchange. It is addressed to Banker. It cannot be made payable after some days. It must be made payable ‘on demand’.

The essentials of a Cheque are:-
a.       Essentials of Bill of Exchange:  As a cheque is a bill of exchange, it must contain the essentials of a bill of exchange. In addition there are few more essentials as below.
b.      Drawn on a specified banker:  The drawee in case of a cheque is always a specified banker.

Negotiable Instruments Act: Negotiable Instruments and Its Features

Introduction:
The term ‘negotiable’ means transferable and the word ‘document’ means ‘in writing’. Therefore, negotiable means a written promise or order to pay money which may be transferred from one person to another.
Section 13 of the Negotiable Instruments Act, 1881 states – “A negotiable instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer.” A negotiable instrument may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees.

Characteristics of a Negotiable Instruments:
a.       Witting and Signature according to the rules: A Negotiable Instrument must be in writing and signed by the parties according to the rules relating to (a) promissory notes, (b) Bills of Exchange and (c) Cheques.

b.      Payable by Money:  Negotiable Instruments are payable by the legal tender money of India.

Negotiable Instruments Act: Promissory Note and Bills of Exchange and their differences

Promissory Note
A promissory note is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument.” [Section 4]
A signs instruments in the following terms:
(a) "I promise to Pay B or order Rs.500".
(b) "I acknowledge myself to be indebted to B in Rs.1, 000, to be paid on demand, for value received”.
(c) “I promise to pay B Rs.500/- on 01-10-2005. etc are promissory notes”.

The essentials of a valid Promissory note are:-
a.       Writing: A Promissory note must be in writing.
b.      Express promise to Pay: The promissory note must contain an express promise to pay. A mere implied promise to pay or an acknowledgement of debt is not a promissory note. Therefore illustrations at (c) is not a Promissory note.

Industrial Dispute Act - Prohibition of Lay-off

PROHIBITION OF LAY-OFF (Sec 25M)
(1) No workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment to which this Chapter applies shall be laid-off by his employer except with the prior permission of the appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette (hereafter in this section referred to as the specified authority), obtained on an application made in this behalf, unless such lay-off is due to shortage of power or to natural calamity, and in the case of a mine, such lay-off is due also to fire, flood, excess of inflammable gas or explosion.

(2) An application for permission under sub-section (1) shall be made by the employer in the prescribed manner stating clearly the reasons for the intended lay-off and a copy of such application shall also be served simultaneously on the workmen concerned in the prescribed manner.

Industrial Dispute Act - Machinery for Settlement of Dispute

PREVENTION AND SETTLEMENT OF INDUSTRIAL DISPUTES:

Machinery for prevention of disputes in India: The frequency with which the strikes took place and the serious industrial and social dislocation which they cause has underlined the importance of preserving industrial peace. The methods for prevention of industrial disputes include broadly all such measures which directly or indirectly contribute towards improvement of Industrial relations. The prevention methods, therefore cover the entire field of relations between industry and labour which are described below:

(1) Strong Trade Union
(2) Profit Sharing and Co-partnership
(3) Joint Consultation
(4) Industrial Employment Standing Orders
(5) Code of Discipline
(6) Collective Bargaining

Industrial Dispute Act. - Difference Between Loc-kout, Layoff and Closure

Difference Between:
Lockout and Lay-off
Lock-out:
1. Section 2(l) defines “Lock-out”.
2. Lock-out means the temporary closing of a place of employment.
3. In Lock-out, the establishment is completely closed.
4. Generally, the causes of lock-out lie political, disturbances with trade union leaders, rigid policies of management, etc., besides economic problems.
5. Payment of compensation to workers depends upon various factors viz. legal or illegal lock-outs, justified or unjustified.
6. Generally, lock-out is declared by employer in answer to strike.
7. Lock-out is applicable to entire industry or to entire department of that industry.
Lay-Off:
1. Sec. 2 (kkk) defines “Lay-off”.
2. Lay-off means the failure, refusal or inability of an employer on account of shortage of raw materials, shortage of power, excess of finished goods, no market demand for finished products etc.
3. Lay-off occurs while the establishment is continuing operation.
4. In lay-off, the employer is unable to provide employment to one or more workmen due to several reasons generally genuine and owe to economic factors, viz. shortage of coal, raw materials, excess production, shortage of electricity, break-down of machinery, Government policy, no-demand of the finished products in the market, shortage of finance, shortage of space in the storage, etc.
5. Compensation shall be paid to the workers laid-off.
6. Generally, employer declares lay-off under certain genuine circumstances.
7. Lay-off may be applicable to a group of workers or to entire workers, or to the workers to one shift, or some shifts, under certain circumstances.

Lockout and Closure
Lock-Out:
1. Section 2 (I) defines ‘Lock-out’.
2. Lock-out means the temporary closing of a place of employment.
3. It is a weapon in-the hands of employer against his employees. He uses it as a threat.
4. A bona fide lock-out can be illegal, if it is violated the provisions of Sec. 24.
5. Lock-out signifies the closure of the place of business, and not the closure of business.
6. In the lock-out the relationship of employer and employees does not come to an end.
7. The causes for the lock-out in an industry are temporary and can be cured.
8. Generally, the causes of lock-out arise from political, disturbances with trade union leaders, rigid policies of the State, and particularly the economic factors too, etc.
9. A lock-out may turn into closure of an industry.
10. Generally lock-out is declared as answer to a Strike.
Closure:
1. Section 2 (cc) defines ‘Closure’.
2. Closure means the permanent closing down of a place of employment or part thereof.
3. Closure is not a weapon in the hands of employer. It equally effects on both the employer and employees.
4. But a bona fide closure can never be illegal.
5. Closure signifies the final and irrevocable termination of the business itself.
6. In the Closure, the relationship between them comes to an end.
7. The causes for the Closure of an industry are permanent or lasting and cannot be cured.
8. Generally, the cause of closure is economical, poor quality of maintenance, poor management, non ­availability of raw material, Government policies, etc.
9. A closure cannot be turned into a lock­out.
10. Closure of an industry is a last resort. It may be due to economic reasons

Industrial Dispute Act. - Short Notes

Short Notes
1. Continuous Service: A workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorized leave or accident or strike which is not illegal, or a lock-out or a cessation of work which is not due to any fault on the part of worker.
Where a workman is not in continuous service within the meaning of clause (1) above for a period of one year of six months, he shall be deemed to be in continuous service under an employer
(a)    for a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to which the calculation is made, has actually worked under the employer for not less than (i) one hundred and ninety days if employed below ground or in a mine and (ii) two hundred and forty days in any other case;
(b)   for a period of six months, if the workman, during a period of six calendar months preceding the date with reference to which the calculation is made, has actually worked under the employer for not less than (i) ninety five days if employed below ground or in a mine and (ii) one hundred and twenty days in any other case.

Industrial Dispute Act. - Authorities Under Industrial Dispute Act

Various Authorities under the Industrial Dispute Act:
Sections 3 to 9 of the Industrial Disputes Act deals with the authorities under the Act;
(a) Works committee.
(b) Conciliation officer
(c) Boards of conciliation
(d) Courts of inquiry.
(e) Labour courts.
(f) Tribunals
(g) National Tribunals.

(a) Works Committee: The appropriate government may require the institution, in the prescribed manner, of a works committee in the case of any industrial establishment in which 100 or more workmen are employed. Such works committee consists of representatives of employers and workmen employed in the establishment. The workmen representatives are to be chosen in the prescribed manner from among the workman engaged in the Industry and in consulting with registered trade unions if any.

Industrial Dispute Act. - Strike and Lockout

Strike and Lockout
Strike: A strike is a very powerful weapon used by trade unions and other labor associations to get their demands accepted. It generally involves quitting of work by a group of workers for the purpose of bringing the pressure on their employer so that their demands get accepted. When workers collectively cease to work in a particular industry, they are said to be on strike.
According to Industrial Disputes Act 1947, a strike is “a cessation of work by a body of persons employed in an industry acting in combination; or a concerted refusal of any number of persons who are or have been so employed to continue to work or to accept employment; or a refusal under a common understanding of any number of such persons to continue to work or to accept employment”. This definition throws light on a few aspects of a strike. Firstly, a strike is a referred to as stoppage of work by a group of workers employed in a particular industry. Secondly, it also includes the refusal of a number of employees to continue work under their employer.

Industrial Dispute Act. - Introduction, Objectives


Meaning of Industry and Industrial disputes
Industry: “Industry” means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen; the term ‘industry’ does not include:
(i) Agricultural operations (ii) Hospitals / dispensaries (iii) Educational, scientific, research or training institutions (iv) Organisations engaged in charitable, social or philanthropic work (v) Khadi/Village industries (vi) Any activity of Government relatable to sovereign functions of Govt. (vii) Domestic service (viii) Any professional activity, provided the number of persons employed is less than ten.

Industrial Dispute: An industrial dispute may be defined as a conflict or difference of opinion between management and workers on the terms of employment. It is a disagreement between an employer and employees' representative; usually a trade union, over pay and other working conditions and can result in industrial actions. When an industrial dispute occurs, both the parties, that is the management and the workmen, try to pressurize each other. The management may resort to lockouts while the workers may resort to strikes, picketing or gheraos.

Saturday, November 22, 2014

Media Convergence: Meaning, Importance and Limitations

Introduction to Media Convergence
Media convergence has become a vital element of life for many people. With the development of technology in  different  platforms and operations such as television, Internet and mobile communication, audiences have had both a bigger choice of media and a life which media technologies has made easier. Media Convergence is the phenomenon involving the interlocking of computing and information technology companies, telecommunications networks, and content providers from the publishing worlds of newspapers, magazines, music, radio, television, films, and entertainment software. Media convergence brings together the “three Cs”—computing, communications, and content.
The ACMA defines media convergence as ‘the phenomenon where digitization of content, as well as standards and technologies for the carriage and display of digital content, are blurring the traditional distinctions between broadcasting and other media across all elements of the supply chain, for content generation, aggregation, distribution and audiences’

Friday, November 21, 2014

Information Technology and Information Communication Technology

Information Technology and Information Communication Technology
IT (Information Technology) refers to an entire industry that uses computers, networking, software and other equipment to manage information. Modern IT departments in large companies are equipped with computers, DBMS (Database Management Systems), servers and security mechanisms for storing, processing, retrieving and protecting information of the company. ICT (Information Communications Technology) is a term widely used in the context of education. Even though there is no universally accepted definition for ICT, it mainly refers to utilizing digital technologies such as computers, television, email, etc to help individuals or organizations to use information.
What is IT?
IT refers to an entire industry that uses computers, networking, software and other equipment to manage information. Generally, IT departments are responsible for storing, processing, retrieving and protecting digital information of the company. For achieving these tasks, they are equipped with computers, DBMS, servers and security mechanisms, etc. Professionals working in IT departments range from system administrators, database administrators to programmers, network engineers and IT managers.

Sunday, November 16, 2014

Group Discussion and Its Significance

Group Discussion
Group Discussion is an important tool in the selection process. It is mostly used for selecting candidates for management posts. Here, the candidates are divided into small groups. Each group contains six to eight candidates. Each group is given a topic for discussion. They are also given a time limit for discussing this topic. The topic may be a general or current topic. For e.g. "Leaders are born, not made". Each participant has to give his or her views about this topic. The selectors observe the full discussion. After the time limit is over, the best candidate from the group is selected. The same process is followed for other groups.
Group discussion is mostly unstructured. That is, every single step is not planned in advance. Each candidate is not given a time limit for speaking. Similarly, the order of speaking, that is, who will speak first and who will speak last is not fixed in advance. The candidates have to decide how to conduct the group discussion. The selectors see how the group takes shape, and who contributes most to it. They also judge the knowledge of each candidate, time management, leadership quality, behaviour, etc.

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