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CS Professional · Labour Laws and Practice · Law of Industrial Relations

Gopal Engineering Ltd employed 112 workers on one day in the previous twelve months, but has 90 workers now. No Government order has been issued. Which statement about a Works Committee under the Industrial Relations Code, 2020 is correct?

The establishment qualifies because 100 or more workers were employed on a day in the preceding twelve months, so the appropriate Government may by order require a Works Committee. It is not automatic, and worker representatives must not be fewer than employer representatives.

  1. AThe establishment qualifies, as 100 or more workers were employed on a day in the preceding twelve months, so the appropriate Government may by order require a Works CommitteeCorrect
  2. BA Works Committee is automatically mandatory because it once exceeded 100 workers
  3. CThe establishment cannot be required to form one because it now has fewer than 100 workers
  4. DA Works Committee must have more employer representatives than worker representatives

Explanation

Section 3(1) applies where 100 or more workers are employed or have been employed on any day in the preceding twelve months, and the appropriate Government may by general or special order require a committee. So the establishment qualifies, but the duty arises through the order. The proviso says worker representatives must not be fewer than employer representatives, so D is wrong.

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