Course Manual Labour Law 1
Course Manual Labour Law 1
Labour Law - I
Spring 2024
(AY 2023-24)
Name of Faculty
Prof. Shriya Nayyar
Prof. Apoorvi Jha
Prof. Sabreen Ahmed
Prof. Arshia Sana
Prof. Archa Baburaj
Prof. Virangna Dhillon
1
CONTENTS
PART I
General Information…………………………………………………………………………..Page 3
PART II
a. Course
Description……………………………………………………………………………………Page 4
b. Course Aims………………………………………………………………………………….Page 4
PART III
a. Keyword Syllabus………………………………………………………………………..Page 10
b. Course Policies…………………………………………………………………………….Page 10
PART IV
2
PART I
General Information
This information shall form part of the University database and may be
uploaded to the KOHA Library system and catalogued and may be distributed
amongst three year Law students for B.A.LL.B. (Hons), B.B.A.LL.B. (Hons);
B.Com. LL.B. (Hons), B.A. (Hons) Legal Studies, B.A. (Hons) Criminology
and Criminal Justice; LL.B.; and LL.M. courses if necessary.
Course
Title: LABOUR LAW- I
Course
Code: L-CT-0013
Course
Duration: One Semester
No. of Credit
Units: 4
Leve
l: LLB YEAR 2021
Medium of
Instruction: English
3
PART II
a. Course Description
The student should get an insight into the mechanics of socio-legal control of labour
relations and should be aware of the history, the present norms, the emerging areas and
possible future techniques of labour jurisprudence.
b. Course Aims
This course deals with different aspects of Labour Law and aims to foster an
understanding of the:
• necessity of studying labour law,
• importance of protection of labour,
• theoretical concepts involved in the course, their interaction with each other, and
with different labour laws,
• principal laws dealing with labour laws and the interaction amongst them.
4
Course Intended Weightage Teaching and Assessment Tasks/
Learning Learning Activities
Outcomes Activities
5
Course Intended Weightage Teaching and Assessment Tasks/
Learning Learning Activities
Outcomes Activities
6
Course Intended Weightage Teaching and Assessment Tasks/
Learning Learning Activities
Outcomes Activities
Lectures Tutorials
• Students will
learn the legal • Students will be
concepts in required to make
labour law. presentations on
Preparation for problems and questions
tutorials allotted to them and all
• Students will students will be required
research to contribute to tutorial
issues relating discussions whether they
to labour law are making a
Tutorials presentation or not.
• Students will
give • Students’ ability to
presentations research, analyse, and
on selected communicate solutions
topics in orally will be tested.
which they Assignment/s
will • Students’ ability to
scrutinise, research, analyse, and
analyse and communicate solutions
evaluate in writing will be tested.
issues and
concerns in
labour law.
7
To pass this course, students must obtain a minimum of 40% in the
cumulative aspects of coursework, e.g. moot, and final examination. End of
semester exam will carry 50 marks out of which students have to obtain a
minimum of 15 marks to fulfil the requirement of passing the course.
The details of the grades as well as the criteria for awarding such grades are provided
below.
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go to the next
level of study and
reasonable
critical and
analytical skills.
B+ 60 to 64.75% Marginal Limited
knowledge of the
subject matter,
irrelevant use of
materials and
poor critical and
analytical skills.
B 55 to 59.75% Poor Poor
comprehension
of the subject
matter; poor
critical and
analytical skills
and marginal use
of the relevant
materials.
B- 50 to 54.75% Pass “Pass” in a pass-
fail course. “P”
indicative of at
least the basic
understanding of
the subject
matter.
9
PART III
a. Keyword Syllabus
Closure, collective bargaining, conciliation, industrial dispute, industry, lay off, lockout,
recognition, registration, retrenchment, strike, trade union, unfair labour practices,
workmen, wages, bonus etc.
b. Course/Class Policies
-The internal assessment will be divided into 2/3 components which may include take
home exam, in class examination and class participation.
-Course instructors will decide and communicate tentative dates and mode of
examination in the first two weeks after the course commences.
-Usage of gadgets like Cell Phones is prohibited. Only Laptops are allowed during
lectures.
JGU endeavours to make all its courses accessible to students. In accordance with the
Rights of Persons with Disabilities Act (2016), the JGU Disability Support Committee
(DSC) has identified conditions that could hinder a student’s overall well-being. These
include physical and mobility related difficulties, visual and hearing impairment, mental
health conditions and intellectual/learning difficulties e.g., dyslexia, dyscalculia. Students
with any known disability needing academic and other support are required to register
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with the Disability Support Committee (DSC) by following the procedure specified at
https://jgu.edu.in/disability-support-committee/
Students who need support may register any time during the semester up until a month
before the end semester examination begins. Those students who wish to continue
receiving support from the previous semester, must re-register within the first month of
a semester. Last minute registrations and support might not be possible as sufficient time
is required to make the arrangements for support.
The DSC maintains strict confidentiality about the identity of the student and the nature
of their disability and the same is requested from faculty members and staff as well. The
DSC takes a strong stance against in-class and out-of-class references made about a
student’s disability without their consent and disrespectful comments referring to a
student’s disability.
This course may discuss a range of issues and events that might result in distress for some
students. Discussions in the course might also provoke strong emotional responses. To
make sure that all students collectively benefit from the course, and do not feel disturbed
due to either the content of the course or the conduct of the discussions. Therefore, it is
incumbent upon all within the classroom to pledge to maintain respect towards our peers.
This does not mean that you need to feel restrained about what you feel and what you
want to say. Conversely, this is about creating a safe space where everyone can speak and
learn without inhibitions and fear. This responsibility lies not only with students, but also
with the instructor.
P.S. The course instructor, as part of introducing the course manual, will discuss the scope
of the Safe Space Pledge with the class.
PART IV
11
• Appropriate Government
• Industry
12
• Discharge v Dismissal
Week 15 REVISION
b. Readings
WEEK 1
Articles:
• An Overview of Reforms- Labour Codes ILO Declaration of Philadelphia (10th
May 1944)
• ILO Declaration on Fundamental Principles and Rights at Work (18th June 1998)
• Sankaran, Kamala, Labour laws in South Asia: The need for an inclusive
approach (2007), International Institute for Labour Studies, Geneva
13
• Chapter 2 of A.C.L. Davies, Perspectives on Labour Law (Law in Context) (2009).
• Davidov, Guy, Distributive Justice and Labour Law, Hebrew University of
Jerusalem Legal Research Paper, URL:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3422869
• Planning Commission Report of the Working Group on “Labour Laws and Other
Regulations,2015, URL:
https://niti.gov.in/planningcommission.gov.in/docs/aboutus/co
mmittee/wrkgrp12/wg_lab our_laws.pdf
• Saini, Debi, Labour Legislation and Social Justice: Rhetoric and Reality (1999),
Economic and Political Weekly
WEEK 2
Cases:
• Steel Authority of India Ltd. v National Union of Water Front Workers (2001) 7
SCC 1
• Bangalore Water Supply and Sewerage Board v A.S. Rajappa (1978) 2 SCC 213
• Physical Research Laboratory v K.G. Sharma (1997) 4 SCC 257
• General Manager Telecom v A Srinivasa Rao (1997) 8 SCC 767
• All India Radio v Santosh Kumar (1998) 3 SCC 237
• Coir Board, Ernakulam and Cochin v Indira Devi (1998) 3 SCC 259
• Agricultural Produce Market Committee v Ashok Harikuni (2000) 8 SCC 61
• State of UP v Jai Bir Singh (2005) 5 SCC 1
Articles:
Books:
• Singh, Avtar and Kaur, Harpreet, Introduction to Labour and Industrial Law (2008),
LexisNexis Butterworths Wadhwa Nagpur, New Delhi Laws:
14
• The Industrial Disputes Act,1947 - § 2(j)
WEEK 3
Cases:
• SK Verma v. Mahesh Chandra (1983) II LLJ 429 1983 (4) SCC 214
• Workmen of the Canteen of Coates of India Ltd v. Coates of India Ltd. (2004) 3 SCC
547
Articles:
15
Framework and Judicial Activism, 50(1) JILI (2008), pp 3-50
Books:
• Singh, Avtar and Kaur, Harpreet, Introduction to Labour and Industrial Law (2008),
LexisNexis Butterworths Wadhwa Nagpur, New Delhi
Laws:
WEEK 4
Cases:
• Municipal Corporation of Delhi v. Female Workers (Muster Roll) AIR 2000 SC 1274:
(2000) 3 SCC 224
Articles:
Books:
16
• Singh, Avtar and Kaur, Harpreet, Introduction to Labour and Industrial Law (2008),
LexisNexis Butterworths Wadhwa Nagpur, New Delhi
Laws:
WEEK 5
Cases:
• Rangaswami v. Registrar of Trade Unions, AIR 1962 Mad. 231
• Central Machine Tools Institute v. Assistant Labour Commissioner 1979 (38) FLR
158
Articles:
• Rakhi Sehgal, ‘Maruti Workers are the Villains’: Truth or Prejudice?, Economic and
Political Weekly, Aug. 4, 2012
Laws:
17
• The Trade Unions Act, 1926 - § 2(g)
WEEK 6
Cases:
• Lohia Machines Limited v. Registrar, Trade Unions Civil Misc. Writ Petition
No.13658 of 2008
• Bokajan Cement Corpn. Employees’ Union v Cement Corpn. of India Ltd. (2004) 1
SCC 142
• ACC Rajanka Lime Stone Quarries Mazdoor Union v. Registrar of Trade Unions
AIR 1958 Pat 470
• Unit Prasad Singh v. State of Jharkhand 2007 (1) JCR 194 Jhr
• Balmer Lawrie Workers Union, Bombay v. Balmer Lawrie and Company Ltd (1985)
I LLJ 314
• MRF United Workers Union v. Govt. of Tamil Nadu Writ Petition No. 17991 of 2008
Read with MRF Employees’ Union v. Govt. of Tamil Nadu Writ Petition No.
24228 of 2016
Laws:
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• The Trade Unions Act, 1926 - § 3-10
WEEK 7
Cases:
• Rohtas Industries v Union (1976) 2 SCC 82 Read with Rohtas Industries Staff Union
v. State of Bihar, AIR 1963 Pat. 170
• Jay Engineering Works v State of West Bengal AIR 1968 Cal 407
Books:
• Chapter 4 of Shahid Siddiqi Z.M. and Afzal Wani M., Labour Adjudication in India (2001),
Indian Law Institute, Delhi
19
Laws:
WEEK 8
Cases:
• Anand Bihari and others v RSRTC and another 1991 Lab IC 494
• Manju Saxena v. Union Of India, Supreme Court of India Civil Appeal Nos.
1176611767 OF 2018, Judgment Dated: 3.12.2018
• Orissa Textiles & Steel Ltd. V. State of Orissa 2002 Lab IC 570(SC)
Laws:
• The Industrial Disputes Act,1947 - § 2(oo), 2 (cc), Chapter VA – 25F, 25G, 25H,25FF,
25FFF, 25FFA, Chapter VB- 25N, 25O
WEEK 9
Cases:
20
• Workmen of Firestone Tyre and Rubber Co. v The Firestone Tyre and Rubber Co.
(1976) I LLJ 493 (SC)
Laws:
• The Industrial Disputes Act,1947 - § 2(kkk), Chapter VA- 25A,25B, 25C, 25D, 25E,
25J, Chapter V B- 25M
WEEK 10
Cases:
• Ramnagar Cane and Sugar Company v. Jatin Chakravorty AIR 1960 SC 1012
• Vidyasagar Institute of Mental Health v Hospital Employees Union (2006) ILLJ 781
(Del)
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• Essorpe Mills Ltd. v. P.O.; Labour Court (2008) 7 SCC 594
Articles:
• Chapters 7 and 10 of Shahid Siddiqi Z.M. and Afzal Wani M., Labour Adjudication in
India (2001), Indian Law Institute, Delhi • Servais, Jean-Michel, The ILO law and the
freedom to strike,
http://www.law.utoronto.ca/documents/conferences2/StrikeSymposium09_Servais.pd
f
Laws:
• The Industrial Disputes Act,1947 - § 2(l),2(q), 2(ra), 2(n), 22,23,24,25, The Fifth
Schedule
• The Industrial Relations Code, 2020- §2(zk), 2(u), 2(zo), The Second Schedule
WEEK 11
Cases:
• Standard Vacuum Refining Co. of India v Their Workmen AIR 1961 SC 895
22
• People’s Union for Democratic Rights v. UOI (1982) 3 SCC 235
Laws:
WEEK 12
Cases:
• Muir Mills Co. Ltd. v. Suti Mills Mazdoor Union, Kanpur, (1955) 1 SCR 1991
Laws:
WEEK 13
Cases:
• Wellman (India) Pvt. Ltd. v. Employees State Insurance Corporation (1994) 1 SCC
219
Laws:
23
• The Payment of Wages Act, 1936
WEEK 14
Cases:
• Hiralal Jadhav v. Additional Chief Secretary Writ Petition no. 8080 of 2017 Bombay
High Court
• Gaurav Jain v. Hindustan Latex Family Planning Promotion Trust Writ Petition
(Civil) no. 139/2015 Delhi High Court
Laws:
WEEK 15
REVISION
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