Labour Law-II

Course Code: SLL 4720 Credits: 04

Course Objectives:
The course on Labour Law- I comprised of the legislative matrix relating to smooth industrial
functioning, labour welfare, and mechanism for amicable relations between labour and
employers. Another integral part of labour jurisprudence are those legislations that stand for
providing optimal framework for an effective implementation of fundamental right to work.

This course aims to do the following:

 Introduce the students to concept of social security in India.
 Expatiate knowledge of legislative regulation and implementation of employees’rights, as
against the corresponding obligation of the employer.
 Acquaint the students with the need to accommodate special provisions relating to
certain class of employees.
 Develop critical thinking regarding the expanding labour and employment
jurisprudence.

Learning Outcomes:
At the end of this course the students will be able to:
 Identify various rights available to employees in India, and analyse the lacunae, if any.
 Make policy-oriented suggestions for the betterment of legal system governing social
security, and rights of employees, in India.
 Apply the legal principles and provisions studied, in analysing hypothetical factual
situations and answering related questions.
 Critically analyse the provisions studied, in the light of landmark judgments and the
current domestic and international stance on the respective provisions.

Scheme: This course shall be covered in 40 lectures of one hour four units, divided into 8-10
sub-topics, of around one-hour duration each.
Course Contents:

UNIT-I Social Security and Labour Welfare

Concept of Social Security
Importance and need for social security
Origin and Development of social security in India
Social Security Benefits and Registration of Workers under Unorganized Labour Social
Security Act, 2008
Employees State Insurance, Act, 1948:Committees; Corporation; Standing Committee
and Medical Benefit Council
Benefits, claims and adjudication of disputes under Employees State Insurance, Act
1. National Domestic Workers Welfare Trust, Ranchi v. State of Jharkhand and others2013 SCC
OnLineJhar 1504
2. Bruhad Ahmedabad adivasi Bhil ShikshitYuvakMitraMandal v. State of Gujarat2014 SCC
OnLineGuj 6107
UNIT-II Wages
Concept of wages: minimum wage, fair wage and living wage
Minimum Wages Act, 1948: employer;employee; wages
Fixing and revising of wages under Minimum Wages Act
Equal Remuneration Act, 1976: remuneration; same work or work of a similar nature
Equal rate of remuneration to men and women workers under Equal Remuneration Act
Payment of Wages Act, 1936: Liability to pay the wages, period for payment of wages
and permissible deductions
Claims and adjudication of disputesunder Payment of Wages Act
3. Crown Aluminum Works Ltd. v. Workmen, AIR 1958 SC 130
4. Greaves Cotton and Co. Ltd. v Workmen, AIR 1964 SC 639
5. The Workmen v. The Management of Reptakos Brett & Co. Ltd., AIR 1992 SC 504

UNIT-III Various Fiscal Benefits

Concept of provident funds, gratuity, compensation
Employees Compensation Act, 1923:Compensation; wage; workman; dependants;
employer;disablement: partial disablement; total disablement; arising out of and in the
course of employment;
Liabilities of the employer under Employees Compensation Act
1. B.E.S.T. Undertaking v. Agnes (1964) 3 SCR 930

UNIT IV Legislations Relating to Certain Class of Persons

Child Labour (Prohibition and Regulation) Act, 1986: Need and scope of Act;repeal and
amendments in other Acts; prohibition of employment of children; regulation of
conditions of work of children
Maternity Benefit Act, 1961: Right of women; prohibition of employment during
certain period, payment of maternity benefit, rights during working hours;
inconsistence with other Acts
Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013: Need
of the law; ‘aggrieved woman’, ‘domestic worker’, ‘employee’, ‘employer’, ‘sexual
harassment’, ‘workplace’, ‘unorganised sector’; Internal Complaints Committee and
Local Complaints Committee; procedures relating to complaints, inquiry; duties of
employer
2. B. Shah v. Presiding Officer, Labour Court, Coimbatore and others (1977) 4 SCC 384
3. Ganpatlal Mulchand ji Joshi v. First Civil Judge, Class I, Nagpur 1958 SCC OnLine Bom131
4. Sunita Baliyan v. Director Social Welfare Department Government of NCT of Delhi 2007 SCC
OnLine Del 1528
5. Shashi Bala v. SBM Sr. Secondary School and others2015 SCC OnLine Del 6943
6. Dr. Sandhya Tiwari v. University of Delhi and others2015 SCC OnLine Del 12264
7. M. C. Mehta v. State of Tamil Nadu and others (1996) 6 SCC 756
8. Bachpan Bachao Andolan v. Union of India and others (2011) 5 SCC 1

Suggested Readings:
Prescribed Statutes
 Child Labour (Prohibition and Regulation) Act, 1986
 Employees Compensation Act, 1923
 Employees State Insurance, Act, 1948
 Maternity Benefit Act, 1961
 Minimum Wages Act
 Payment of Wages Act
 Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013
 Unorganized Labour Social Security Act, 2008

Reference texts
 ANIL KUMAR, SOCIAL SECURITY AND LABOUR WELFARE (Deep & Deep Publications
2003)
 DR. V G GOSWAMI, LABOUR INDUSTRIAL LAWS (Central Law Agency, Allahabad 8th ed.
2004)
 K M PILLAI, LABOUR AND INDUSTRIAL LAW (Allahabad Law Agency, Allahabad 10th
ed. 2005)
 S M CHATURVEDI AND DR. INDRAJEET SINGH, LABOUR AND INDUSTRIAL LAWS
(Central Law Agency, Allahabad 13th ed. 2006)
 SN MISHRA, LABOUR AND INDUSTRIAL LAWS (Central Law Publications, Allahabad 8th
ed. 2009)

Reports
 GOVERNMENT OF INDIA MINISTRY OF LABOUR, EMPLOYMENT AND REHABILITATION,
REPORT OF THE NATIONAL COMMISSION ON LABOUR (1969)
 LAW COMMISSION OF INDIA, 62ND REPORT ON WORKMEN’S COMPENSATION ACT, 1923

Pedagogy:
The application of specific pedagogy is motivated from the fact that the foundation of
professional success, via knowledge, are developed during the professional course itself. In
addition, implied understanding also needs to be developed on current issues relating to legal
scenario in India. Pedagogy for the module has to take care of two things. Firstly, a constant
interaction among students and tutor is required, involving students in active and
participative manner. Secondly, an instructive strategy is required to help in learning by
doing. Thus, in this module following pedagogical approaches are adopted:

 Lecture and Student Presentation: The lectures will not be confined to classroom
instruction alone, but will be a combination of theoretical and practical insights into
the subject by deriving examples from contemporary mainstream. Students will be
encouraged to give presentations on any assigned topic, to boost self-learning and
peer review.

 Discussion of important judgments: Better understanding of the implementation

and interpretation of laws by the Courts, and practical aspects of law and procedure,
 can be achieved by exploring, and analysing the relevant decisions given by Courts
of law.

Examination Scheme:
Component of Evaluation P RA MT EE
Weightage (%) 10 10 20 60

P: presentation; RA: Research Assignment; MT: Mid-Term Test; EE: End Term Examination