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LAW-401 LABOUR LAW-I L T P C

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Pre-Requisites//Exposure Laissez faire, welfare and contract
Co-requisites
Semester 7th

Course Description:
This course draws attention to the march of the industrial society from laissez faire to
welfare. It focuses on need for state intervention to maintain a healthy relationship between
employer and employee, which impacts on industrial growth. It discusses on historical
perspective relating to the development of trade unions of workers in various countries and
struggle of the workers to replace individual bargaining by collective bargaining to achieve
better economic progress and social recognition. State intervention became necessary to
declare such combinations of workers as lawful bodies symbolizing their aspirations, their
right to organise and right to press their demands collectively and to resort to industrial
actions if their claims were not accepted. It focuses on the settlement of industrial dispute so
that the production of goods and supply of various services to the society are ensured, if
mutual negotiations in the form of collective bargaining fail to bring a settlement of the
dispute. The state has basic duty to bring equilibrium amongst the competing and conflicting
interests in the society namely, the capital, the workers and the society at large.

Objectives of the Course:


The course has been designed to make understanding amongst the students about the
objectives of the labour legislations and enable them to critically examine the developments
and changes that have taken place in the field of labour reform. The objective of the is course
introduce to the students three important legislations, viz. the Trade Unions Act, 1926, the
Industrial Disputes Act, 1947 and the Industrial Employment (Standing Orders) Act, 1946,
which regulate industrial relations in India.

Course Outcomes:
The outcome of this course includes inter alia:
 Students would be familiar with the need for enactment of the Trade Unions Act,
1926.
 Students would be aware of the provisions of the Industrial Disputes Act, 1947 which
provides for settlement of industrial disputes.
 Students would realize the need for providing uniform statutory conditions of service
in the form of certified standing orders under the Industrial Employment (Standing
Orders) Act, 1946.
 Students would be able to examine whether the present legal framework is adequate
to meet the challenges posed by globalization.
 Students would aware be of the latest developments in the present economic order and
discuss critically the resultant changes that need to be made in industrial relations and
labour law.
Pedagogy:
In this course various teaching-learning methods will be used which will emphasize a
cooperative learning format. Student would be encouraged to participate in class room
discussions and make presentation on given subject. Discussions will be combined with
instructor facilitated experiences and lectures. These methods particularly include:
 Class Room Discussion
 Case Studies
 Assignment Submission
 Individual Presentation
 Seminar Paper
 Group Discussion

Evaluation Scheme:
S.No. Components Weightage
(Maximum Marks)
1 Continuous Assessment 30 Points
2 Attendance 05 Points
3 Mid-Term Examination 15 Points
4 End-Term Examination 50 Points

Bare Act:
 The Industrial Disputes Act, 1947
 The Trade Unions Act, 1926
Text Books:
 V.G. Goswami, Labour and Industrial Laws (Allahabad: Central Law Agency, 10th
edition, 2015)
 S.C. Srivastava, Industrial Relations and Labour Laws (New Delhi: Vikas Publishing
Co.)
 K.M. Pillai, Labour and Industrial Law (Allahabad: Allahabad Law Agency)
 S.N. Mishra, Labour and Industrial Laws (Allahabad: Central Law Publications)

Reference Books:
 P.L. Malik, K.D. Srivastava’s Law Relating to Trade Unions and Unfair Labour
Practices in India (Lucknow: Eastern Book Company, 4th Edition, 2002 with
Supplement 2003)
 Anand Prakash, Suresh C. Srivastava and P. Kalpakam, Labour Law and Labour
Relations : Cases and Materials (Indian Law Institute, 2007)
 E.M. Rao, O.P. Malhotra’s the Law of Industrial Disputes (New Delhi: LexisNexis
India, 6th Edition, 2004)
 Sumeet Malik, P.L. Malik's Industrial Law (Lucknow: Eastern Book Company, 24th
Edition, 2015)
Reports:
 Report of the National Commission on Labour (1969)
 Report of the Second National Commission on Labour (2002)

Course Content:
Module I: Introduction to Industrial Relations
1. Industrial Relations: Concept and Significance
2. Role of State in Industrial Relations
3. Modern Trends and Collective Bargaining
4. Impact of globalization on Industrial Relations
5. Changing Dimensions of Industrial Relations in India and Judicial Approach

Module II: Trade Unions


1. Trade Union: Objectives and Significance
2. Trade Unionism and Trade Union Movements
3. Trade Union Movement in India
4. Law and Practise Recognizing Trade Unions
5. Legal Status of Registered Trade Unions

Module III: Individual and Industrial Disputes


1. Industrial Disputes: Meaning and Nature
2. Individual and Industrial Disputes
3. Definitions: Industry, Industrial Establishment, wages, workman and Award
4. Prevention and Settlement of Industrial Disputes
5. Unfair Trade Practices

Module IV: Strikes and Lock-outs


1. Meaning of Strikes and Lock-outs
2. Justifiability of Strikes and Lock-outs
3. Strike and Temporary Closing of Place of employment
4. Prohibition of Strikes and Lock-outs
5. Illegal Strikes and Lock-outs and Payment of wages

Module V: Lay-off, Retrenchment and Closure


1. Meaning of Lay-off and Retrenchment
2. Right of workmen laid off for compensation
3. Condition precedents to Retrenchment
4. Closure and Compensation to workmen
5. Penalty for closure without notice

Module VI: Standing Orders


1. Industrial Employments: Scope and Coverage
2. Concept and Nature of Standing Orders
3. Operation and Binding Effects of Standing Orders
4. Modification and Temporary Application
5. Enforcement and Role of Government
Case Laws:
1. Delhi Police Non-Gazetted Karamchari Sangh v. Union of India AIR 1987 SC 379
2. In Re Inland Steam Navigation Worker’s Union AIR 1936 Cal. 59
3. Chairman, SBI v. All Orissa State Bank Officers Association, AIR 2002 SC 2279
4. Rohtas Industries v. Its Union AIR 1976 S.C. 425
5. Standard Chartered Bank v. Chartered Bank Employees Union (1997) 68 DLT 391
6. Common Cause v. Union of India (1996) 1 C.C.C. 242 (NCDRC)
7. Bangalore Water Supply and Sewerage Board v. A. Rajappa AIR 1978 SC 548
8. General Manager, Telecom v. A. Srinivasa Rao (1997) 8 SCC 767
9. State of U.P. v. Jai Bir Singh (2005) 5 SCC 1
10. Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate AIR
1958 SC 353
11. Bongalgaon Refinery & Petrochemicals Ltd. v. Samijuddin Ahmed AIR 2001 SC
3507
12. Municipal Corporation of Delhi v. Female Workers (Muster Roll) AIR 2000 SC 1274
13. Dharangadhra Chemical Works Ltd. v. State of Saurashtra AIR 1957 SC 264
14. Mangolore Ganesh Bidi Workers v. Union of India (1974) 4 SCC 43 140
15. Indian Banks Association v. Workmen of Syndicate Bank AIR 2001 SC 946
16. Management of Chandramalai Estate v. Its Workmen AIR 1960 SC 902
17. Gujarat Steel Tubes Ltd. v. Gujarat Steel Tubes Mazdoor Sabha (1980) 2 SCC 593
18. Mohan Lal v. The Management of M/s. Bharat Electronics Ltd. AIR 1981 SC 1253
19. Punjab Land Development and Reclamation Corporation Ltd. v. Presiding Officer,
Labour Court (1990) 3 SCC 682
20. The Workmen of Fire Stone Tyre & Rubber Co. Pvt. Ltd. v. Fire Stone Tyre & Rubber
Co. Pvt. Ltd. (1976) 3 SCC 819