LABOUR AND INDUSTRIAL LAW

PAPER CODE: BL-702

SEMESTER-VII

PRIMARY OBJECTIVE:

The course of Labour Law, has been designed to generate understanding amongst the
students about the objectives of the labor legislations and enable them to critically
examine the developments and changes that have taken place in the field of labour law
from time to time. The course introduces the students to the six important legislations and
familiarize them with these legislations, viz. the Trade Unions Act, 1926, the Industrial
Disputes Act, 1947, Payment of Wages Act, 1936, Workmen Compensation Act, 1923 (
Employee Compensation Act), Employees’ Provident Funds and Miscellaneous
Provisions Act, 1991 and Maternity Benefits Act, 1961 which regulate industrial relations
at the Central level in India.

The course on Labour law, will also examine the present legal framework provided by
the state in order to check the adequacy of meeting with the challenges of globalization.
To keep the students abreast of the latest developments in the present economic order and
discuss critically the resultant changes that need to be made in industrial relations law for
achieving higher economic growth tempered with social justice

MODULE:

1. Evolution of Industrial Legislation in India

 Inception of Labour law
 Colonial History
 Laws after Independence
 2. Industrial Dispute Act, 1947
 Scope Object and Main Features
 “Industry”
 Industrial Dispute and Individual Dispute
 Authorities under the Act and Grievance Redressal Machinery
 Strike
 Lockout
 Retrenchment
 Lay-Off
 Transfer and Closure

Cases:

 Bangalore Water Supply and Sewerage Board V.A.Rajjapa AIR 1978 SC 548.
 General Manager, Telecom V.A.Srinivasa Rao 1997 (8) SCC 767
 Coir Board Eranakulam V.Indira Devi PS (I), AIR 1998 SC 2801
 State of U.P. V.J.P.Singh (2005) 5 SCC 1
 Gujrat SteelTubes Ltd V.Gujrat Steel Tubes Mazdoor Sabha (1980) 2 SCC 593
 B.R.Singh V. Union of India (1989) 4 SCC 710
 Syndicate Bank v.K.Umesh Nayak (1994) 5 SCC 572

3. Trade Union Act, 1926

 Growth of Unions in India
 Definitions
 Registration of Trade Unions
 Rights and Liabilities of Registered Trade Unions
 Immunity of Registered Trade Union
 Concept of Collective Bargaining, Recognition, Multiplicity of Trade Unions &
Role of Outsiders in Trade Union
 Penalties and procedure under the Act
Cases:

 Jay Engineering Works V.State of West Bengal, AIR 1968 Cal 407 (SB)
 Bokajan Cement Corporation Employees V.Cement Corporation of India Ltd
AIR 2004 SC245
 O.K.Ghosh V.Ex Joseph, AIR 1963 SC 812
 Rookes V.Barnard, 1964 AC 1129

4. Payment of Wages Act, 1936

 Object of the Act
 Salient Features
 Applicability of the Act
 “Wages”
 “Workers”
 “Deductions”
 “Fines”
 Authorities under the Act
 Procedure on Application
 Appeal
 Offences
 Bar of Suits or Proceedings

5. Workmen Compensation Act, 1923 ( Employee Compensation Act)

 Object and Scope
 Definitions
 "Disablement”
 Employer’s Liability for Compensation
 Compensation
 Obligation and Responsibility of an Employer
 Notice and Claim
 Procedure in proceeding before the Commissioner
  Appeals
 Penalties

6. Employees’ Provident Funds and Miscellaneous Provisions Act, 1991

 Introduction
 Application of the Act
 Schemes under the Act
 Employees’ Provident Fund Scheme
 Employees’ Pension Scheme
 Determination of Money due from Employers
 Power to Exempt
 Compliances under the Act

7. Maternity Benefits Act, 1961 with recent Amendments

1. Introduction
2. Definition
3. Employment of or work by women prohibited during certain Period
4. Right to payment of Maternity Benefits
5. Notice of Claim for Maternity Benefit
6. Penalty for Contravention of Act by Employer
7. Salient Features of Maternity Benefit (Amendment) Act, 2017

GENERAL READINGS:

1. Report of the National Commission on Labour (1969)

2. Report of the Second national Commission on Labour (2002)
3. ILO Conventions and Recommendations – www.ilo.org.
4. Labour Ministry – www.labour.nic.in
BOOKS RECOMMENDED:

1. Mishra S.N., Labour And Industrial Law

2. Malhotra O.P., Law Of Industrial Disputes
3. Srivastava S.C.,Social Security And Labour Law
4. Paul Meenu, Labour And Industrial Law
5. Bangari P.R.,Law of Industrial Dispute
6. Goswami V.G., Labour And Industrial Law
7. Kothari G.M.(Dr.)., A Study of Industrial Law