Entry No.22 of the Concurrent List deals with------

Question

Section 25-N of the Industrial Disputes Act, 1947 prescribes the conditions precedent to retrenchment of workmen. Section 25-O provides for the procedure for closing an undertaking of an industrial establishment. Under Section 25-N of the Act before retrenchment of workman can be affected two conditions must be fulfilled namely (a) the workman has been given three months’ notice in writing indicating the reasons for retrenchment or paid in lieu of such notice, wages for the said period; and (b) the prior permission of the appropriate Government has been obtained by the employer upon an application having been made. Sub-section (3) of Section 25-N vests power in the State Government to grant or refuse permission to retrench an employee. Section 25-O enjoins an employer, who intends to close an undertaking to apply for prior permission at least ninety days before the date on which the intended closure is to become effective, setting out the reasons for the intended closure and simultaneously serve a copy of such application on the representatives of the workmen in the prescribed manner. Sub-section (9) of Section 25-O provides that where an undertaking is permitted to be closed or permission for closure is deemed to be granted, every workman, who is employed in that undertaking immediately before the date of application for permission under the said section, shall be entitled to receive compensation which shall be equivalent to fifteen days’ average pay for every completed year of continuous service or any part thereof in excess of six months.
Evidently, both Section 25-N and 25-O are couched in a mandatory form. They give effect to the public policy of preventing the exploitation of labour by commanding the employer to follow the defined process for retrenchment of an individual or group of employees or for closure of the establishment as such.
Evidently, both Section 25-N and 25-O are couched in a mandatory form. They give effect to the public policy of preventing the exploitation of labour by commanding the employer to follow the defined process for retrenchment of an individual or group of employees or for closure of the establishment as such.

Answer 1

Entries 22, 23 and 24 of the Concurrent List form a small connected group, all dealing with labour, and remembering them as a set is often quicker than recalling one entry in isolation.

Entry 22, trade unions and industrial and labour disputes: this is the opening entry of the group and gives Parliament and State legislatures shared power over union recognition and dispute resolution machinery such as conciliation and adjudication.
Entry 23, social security and social insurance, employment and unemployment: this is the very next entry and is often confused with Entry 22 because both deal with labour welfare, but it covers benefits like provident fund and insurance schemes, not the machinery for resolving disputes.
Entry 24, welfare of labour including conditions of work: this covers matters like provident funds, workmen's compensation and maternity benefit, again distinct from Entry 22.
Industrial disputes concerning Union employees, and mines or oilfield safety: both of these are pulled out of the Concurrent List altogether and placed under the Union List, since the Union is either the employer or the subject needs single national control.

Once the 22-23-24 sequence is fixed in mind, it is clear that trade unions and industrial and labour disputes is the one carrying number 22.

The correct answer is Trade unions and industrial and labour disputes.

Answer 2

Entries 22, 23 and 24 of the Concurrent List form a small connected group, all dealing with labour, and remembering them as a set is often quicker than recalling one entry in isolation.

Entry 22, trade unions and industrial and labour disputes: this is the opening entry of the group and gives Parliament and State legislatures shared power over union recognition and dispute resolution machinery such as conciliation and adjudication.
Entry 23, social security and social insurance, employment and unemployment: this is the very next entry and is often confused with Entry 22 because both deal with labour welfare, but it covers benefits like provident fund and insurance schemes, not the machinery for resolving disputes.
Entry 24, welfare of labour including conditions of work: this covers matters like provident funds, workmen's compensation and maternity benefit, again distinct from Entry 22.
Industrial disputes concerning Union employees, and mines or oilfield safety: both of these are pulled out of the Concurrent List altogether and placed under the Union List, since the Union is either the employer or the subject needs single national control.

Once the 22-23-24 sequence is fixed in mind, it is clear that trade unions and industrial and labour disputes is the one carrying number 22.

The correct answer is Trade unions and industrial and labour disputes.

Answer 3

A useful check for these Seventh Schedule questions is to ask why a subject would need to be on the Concurrent List at all, since that list is reserved for matters where both the Centre and the States have a real stake.

Trade unions and industrial and labour disputes: industries often operate across several states, and workers regularly move between them, so both the State, where the factory sits, and the Union, which sets broad labour policy, need law-making power here. This is exactly why trade union law and dispute resolution sit in the Concurrent List, at Entry 22.
Social security and insurance, employment and unemployment: this too needs shared power for similar reasons, but it is recorded one entry later, as Entry 23, so it does not answer a question asking specifically for Entry 22.
Industrial disputes concerning Union employees: here there is no need for shared power at all, since the Union is the sole employer in these disputes, which is why the framers kept it out of the Concurrent List entirely and placed it in the Union List.
Regulation of labour and safety in mines and oil fields: mining and oil extraction raise safety and revenue concerns that the framers wanted under single, uniform national control, so this too sits in the Union List rather than being shared.

The reasoning behind the Concurrent List placement, and the entry number itself, both point to the same option.

The correct answer is Trade unions and industrial and labour disputes.

Answer 4

A useful check for these Seventh Schedule questions is to ask why a subject would need to be on the Concurrent List at all, since that list is reserved for matters where both the Centre and the States have a real stake.

Trade unions and industrial and labour disputes: industries often operate across several states, and workers regularly move between them, so both the State, where the factory sits, and the Union, which sets broad labour policy, need law-making power here. This is exactly why trade union law and dispute resolution sit in the Concurrent List, at Entry 22.
Social security and insurance, employment and unemployment: this too needs shared power for similar reasons, but it is recorded one entry later, as Entry 23, so it does not answer a question asking specifically for Entry 22.
Industrial disputes concerning Union employees: here there is no need for shared power at all, since the Union is the sole employer in these disputes, which is why the framers kept it out of the Concurrent List entirely and placed it in the Union List.
Regulation of labour and safety in mines and oil fields: mining and oil extraction raise safety and revenue concerns that the framers wanted under single, uniform national control, so this too sits in the Union List rather than being shared.

The reasoning behind the Concurrent List placement, and the entry number itself, both point to the same option.

The correct answer is Trade unions and industrial and labour disputes.

Entry No.22 of the Concurrent List deals with------

Show Hint

The Correct Option is C

Approach Solution - 1

Approach Solution -2

Top Questions on Labour & Industrial Law

Questions Asked in AIBE exam