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Labour Law-I Syllabus

This document outlines the curriculum for the course "Labour Laws-I" which introduces students to key labour laws in India like the Trade Unions Act 1926, Industrial Employment (Standing Orders) Act 1946, and Industrial Disputes Act 1947 and covers topics like trade unionism, collective bargaining, standing orders, strikes and lockouts. The course is taught through lectures, case studies, and class presentations and aims to develop students' understanding of the legal framework governing industrial relations and dispute resolution in India.

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Atulya Singh Chauhan
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4K views

Labour Law-I Syllabus

This document outlines the curriculum for the course "Labour Laws-I" which introduces students to key labour laws in India like the Trade Unions Act 1926, Industrial Employment (Standing Orders) Act 1946, and Industrial Disputes Act 1947 and covers topics like trade unionism, collective bargaining, standing orders, strikes and lockouts. The course is taught through lectures, case studies, and class presentations and aims to develop students' understanding of the legal framework governing industrial relations and dispute resolution in India.

Uploaded by

Atulya Singh Chauhan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 7

MAHARASTHRA NATIONAL LAW UNIVERSITY,

AURANGABAD

Course curriculum of B.A. LL.B (Hons.)


Semester V Batch 2018-2023

On

LABOUR LAWS-I
Academic Year: 2020-2021

By

Faculty In-Charge: Adv. Priya Gondhalekar,


Adv.Aummaheshwari Jadhav
LABOUR LAWS-I

OBJECTIVES: A nation may do without its millionaires and without its capitalists, but
a nation can never do without its labour. These words of Mahatma Gandhi, Father of our
Nation highlights the importance of the laborers in our country. The labour force or the
workmen constitute an important segment of the society and play a vital role in the
development and progress of the Country. Due to the fast pace of industrialization there
is a need to regulate and control the relation between the employer and employees. This
has led to the evolution and development of labour laws all over the world. After the
Independence the government of India has enacted numerous legislations for the
regulation of labour relations and their welfare. An understanding of Labour Laws is very
essential for law students because of the fact that the scope and ambit of these is very
wide and is touching the lives of millions of people in the country. The subject of Labour
Law is very wide and hence the course is divided into two parts: Labour Law I and
Labour Law II. Labour Law I is Introduction to Labour and Industrial Relations that deals
with mainly the laws which regulates the relationship between employer and employees.
This paper focuses on various aspect of management of labour relation and dispute
settlement bodies and techniques.

COURSE OUTCOME:

After completing this course, students will be acquainted with the knowledge and skills
with regard to:

 The legal framework stipulated under the Trade Unions Act, 1926.
 The terms and conditions of the industrial employment standing orders
which the employees must know before they accept the employment.
 Developing a proper perspective about the legal framework stipulated
under the Industrial Disputes Act, 1947.
TEACHING METHODOLOGY:

The teaching methodology adopted shall consist of the following four components:

▪ Lecture Method
▪ Case Study Method
▪ Class Presentation

COURSE OUTLINE:

MODULE 1: INTRODUCTION

a) Industrial Jurisprudence
b) Labour Policy in India
c) Industrial Relations
d) Growth of Labour Legislations in India and its principles
e) Industrial Adjudication

MODULE 2: TRADE UNIONS ACT, 1926

f) Trade Unionism in India


g) Definition of Trade Union and Trade Dispute
h) Registration of Trade Unions
i) Legal Status of Registered Trade Union
j) Mode of Registration
k) Powers and Duties of Registrar
l) Cancellation and Dissolution of Trade Union
m) Procedure for Change of Name
n) Amalgamation and Dissolution of Trade Union
MODULE 3: COLLECTIVE BARGAINING

a. Collective Bargaining
b. Disqualifications of Office-bearers, Right and Duties of Office- bearers and
Members
c. General and Political Funds of Trade Union
d. Civil and Criminal Immunities of Registered Trade Unions
e. Recognition of Trade Union

MODULE 4: INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

a. Concept and Nature of Standing Orders


b. Scope and Coverage of the Industrial Employment (Standing Orders) Act,
1946
c. Certification Process
i) Procedure for Certification
ii) Appeals against Certification
iii) Condition for Certification
iv) Date of Operation of Standing Orders
v) Building Nature and Effect of Certified Standing Orders
vi) Posting of Standing Orders
d. Modification and Temporary Application of Model Standing Orders
e. Interpretation and Enforcement of Standing Orders
f. Penalties and Procedure
MODULE 5: INDUSTRIAL DISPUTES ACT, 1947
a. Industrial Disputes-Development of Industrial Disputes Legislations in India
b. Mechanisms for settlement of Industrial Disputes- Individual v industrial
dispute
c. Constitutional and Statutory Framework in India
d. Definitions and Objectives

MODULE 6: AUTHORITIES UNDER THE ACT

a. Works Committee
b. Conciliation Officers
c. Courts of Enquiry–Labour Courts–Tribunals
d. Voluntary Arbitration
e. Powers of Government- Notice of Change
f. Procedure, Powers and Duties of Authorities

MODULE 7: INSTRUMENTS OF ECONOMIC COERCION


a. Strikes and Lockouts: Definition–Justification-Types–Right to Strike and
Constitutional Validity–Other Provisions
b. Lay-off and Retrenchment
c. Closure

MODULE 8: UNFAIR LABOUR PRACTICES AND PENALTIES

a. Unfair Labour Practices


b. Penalty for: Illegal Strikes, Illegal Lock-outs, Instigation, Breach of settlement
or award, Penalty for closure without notice, Penalty for other offences etc.
LIST OF CASES
 APSRTC & Anr. v. B.S. David Paul
 Administrator, Kamla Nehru Memorial v. Vinod Kumar
 Agricultural Produce Market Committee v. Ashok Harikuni
 Ajaib Singh v. Sirhind Coop. Marketing-cum-Processing Service Society Ltd.
 Ajit Kumar Nag v. General Manager (PJ.) Indian Oil Corporation Ltd., Haldia
& Ors.
 All India Bank Employees Association v. National Industrial Tribunal
 All India Radio v. Santosh Kumar
 Anand Bihari v. Rajasthan State Road Transport Corporation
 Associated Cement Companies Ltd. v. Their Workmen
 Automobile Products of India Ltd.v. Rukmaji Bala
 Avas Vikas Sansthan & Anr.v. Avas Vikas Sansthan Engineers Assn.& Ors.
 Avon Services Production Agencies (P) Ltd. v. Industrial Tribunal, Haryana
 B.R. Singh v. Union o f India
 B.S Bharti v. IBP Co. Ltd.
 Bagalkot Cement Co., Ltd. v. R. K. Pathan & Other
 Bangali raje v. Union of india
 Bangalore water supply and sewerage board v A Rajappa
 Bokajan Cement Corpn. Employees ’Union v. Cement Corpn. of India Ltd.
 Bombay Union of Journalists v. State of Bombay
 Bongaigaon Refinery & Petrochemicals Ltd. v. Samijuddin Ahmed
 Borosil Glass Works Ltd. Employees ’Union v. D.D. Bambode
 BPL Ltd. V. R. Sudhakar
 Buckingham & Carnatic Mills Ltd. v. Their Workers
 Calcutta Electric Supply Corpn. Ltd. v. Shew Kr. Singh & Other
 Central provinces transport services ltd. Nagpur v. Raghunath Gopal, AIR 1957
SC 104
 Syndicate bank v. Kumesh nayak, AIR 1995 SC 319
 Municipal corporation of greater bombay v. Labour Appeallate
Tribunal of India AIR 1957 BOM 188
 Management of kairbetta estate, kotagiri PO v. Kajamanickam AIR 1960 SC 893

Text Books:

1. SN Misra, Labour and Industrial Law, Central Law Publication, 28th Edition.
2. S.C. Srivastava, Industrial Relations and Labour Law, Vikas Publishing House,
New Delhi
3. Piyali Ghosh and Shefali Nandan, Industrial Relations and Labour Laws, McGraw
Hill
4. Avtar Singh and Harpreet Kaur, Introduction to Labour and Industrial Laws,
Lexis Nexis.

References:

1. Dr. G V Goswami, Labour Industrial Laws, Central Law Agency, Allahabad.


2. K M Pillai, Labour and Industrial Law, Allahabad Law Agency, Allahabad,
3. O P Malhotra, The Law of Industrial Disputes, Butterworths, New Delhi.
4. Prof. S N Dhyani, Trade Unions and the Right to Strike, University Book House,
Jaipur.
5. PL.Malik, K.D. Srivastava’s Law Relating to Trade Unions and Unfair Labour
Practices in India

Statutes to be Referred:
1. Trade Unions Act, 1926
2. The Industrial Employment (Standing Orders) Act, 1946
3. The Industrial Disputes Act, 1947

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