21.

Chulbul is:

• Justified in refusing to enforce the employment contract as Chulbul was coerced by Dhanraj.

• Justified in refusing to enforce the employment contract as Baalu was complicit in the coercive act

• No justified in refusing to enforce the employment contract as Baalu was an innocent person and has not coerced Chulbul.

• No justified in refusing to enforce the employment contract as Baalu was an innocent person and has not coerced Chulbul.

Baalu will succeed in getting the employment contract enforced if he can show that

• He is the best friend of Aadil

• It was his father, and not he, who used coercion against Chulbul.

• Chulbul has promised his father to employ him.

• Chulbul has promised his father to employ him.

(For Questions 23 to 26)

Rule A: When a State undertakes any measure, the effects of the measure must be the same for all those who are affected by it.

Facts

100 mountaineers embarked on an extremely risky climbing expedition in Leh. Weather conditions worsened five days into the expedition and the mountaineers are trapped under heavy show. The government received information of this tragedy only two weeks after the unfortunate incident and has only 24 hours in which to send rescue helicopters. Weather stations across the world confirm that this particular region of Leh will experience blizzards of unprecedented intensity for almost two weeks after this 24 hour window rendering any helicopter activity in the region impossible and certain death for anyone left behind. The government has only five rescue helicopters with a maximum capacity of 50 people (excluding pilots and requisite soldiers) and these helicopters can fly only once in 24 hours to such altitudes.

As the Air Force gets ready to send the helicopters, an emergency hearing is convened in the Supreme Court to challenge this measure as this would leave 50 people to die.

If you were the judge required to apply Rule A, you would decide that:

• As many lives must be saved as possible.

• If everyone cannot be rescued, then everyone must be left behind.

• A measure cannot be upheld at the cost of 50 lives.

• A measure cannot be upheld at the cost of 50 lives.

Rule B: When a State undertakes any measure, everyone affected must have an equal them to be benefit from it.

As the government prepares to send in rescue helicopters, which option would be acceptable only under Rule B and not Rule A:

• A lottery to choose the 50 survivors excluding those diagnosed with terminal illnesses from participating in the lottery.

• A lottery to decide the 50 survivors with single parents of children below five years of age automatically qualifying to be rescued.

• The 50 youngest people should be rescued.

• The 50 youngest people should be rescued.

Choosing 50 survivors exclusively by a lottery would be

• Permissible under Rules A and B

• Impermissible under Rule A and B

• Permissible only under Rule B

• Permissible only under Rule B

If the government decides that it will either save everyone or save none, it would be:

• Permissible under rules A and B

• Impermissible under Rules A and B

• Permissible only under Rule A

• Permissible only under Rule A

(For Questions 27 to 31) 

Rules

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts

Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

Which of the following statements can most plausibly be inferred from the application of the rules to the give facts:

• Aashish Mathew is an employee of the Company because the latter exercises control over the manner in which Aashish Mathew carries out his work.

• Aashish Mathew is not an employee but an independent contractor as he does not have a fixed salary.

• Aashish Mathew is an employee because the Company exercises control over the final quality of the bidis.

• Aashish Mathew is an employee because the Company exercises control over the final quality of the bidis.

In case the pattadars were compulsorily required to work in the factory for a minimum number of hours every day, then it would be correct to state that:

• The injury was not caused by an accident in the course of employment

• Aashish Mathew would not be an employee as the Company would have still not exercised control over the manner of work

• The injury suffered by Aashish Mathew could not be held to be one caused by an accident.

• The injury suffered by Aashish Mathew could not be held to be one caused by an accident.

According to the facts and the rules specified, which of the following propositions is correct:

• The Company is not liable to pay compensation as the injury to Aashish Mathew was not caused by an accident arising in the course of employment.

• The Company is liable to pay the compensation.

• Since the injury did not arise in the course of employment, the Company would not be liable to pay the compensation even though Aashish Mathew is an employee of the company.

• Since the injury did not arise in the course of employment, the Company would not be liable to pay the compensation even though Aashish Mathew is an employee of the company.

Select the statement that could be said to be most direct inference from specified facts:

• The injury to Aashish Mathew did not arise in the course of employment as he was not rolling bidis at the time when he was hit by the car.

• Since the Ashish Mathew is a contracted pattadar with the Company, it shall be presumed that  theinjury was caused by an accident in the course of employment.

• Since there was no relationship of employment between Aashish Mathew and the Company, the injury suffered by Aashish Mathew could not be held to be one arising in the course of employment notwithstanding the fact that the concerned injury was caused while he was involved in an activity incidental to his duties.

• Since there was no relationship of employment between Aashish Mathew and the Company, the injury suffered by Aashish Mathew could not be held to be one arising in the course of employment notwithstanding the fact that the concerned injury was caused while he was involved in an activity incidental to his duties.