SVKM’s Narsee Monjee Institute of Management Studies

Name of School - Kirit P. Mehta School of Law

Program: B.A., LL.B. (Hons) 8101 & B.B.A., LL.B. (Hons) 8102 Semester: VIII

Module: Labour and Industrial Law II Module Code:

Teaching Scheme Evaluation Scheme

Lecture Practical Tutorial Credit Internal Continuous Term End Examinations
(Hours (Hours (Hours Assessment (ICA) (TEE)
per per per week) (Marks - 50) (Marks- 50
week) week) in Question Paper)
3 0 0 3 Marks Scaled to 50 Marks Scaled to 50
Pre-requisite:
1. Labour Law, Social Studies.
Objectives:
1. To empower the students of law with theoretical as well as practical knowledge of labour&
Industrial legislations.
2. To enable law students to understand the importance of implementing Labour&
Industrial Laws and Codes as its non-adherence attracts penal provisions.
3. To be familiar with the provisions of relevant laws and how the precedents have
evolved the industrial jurisprudence in this regard.
Outcomes:
After completion of the course, students would be able to:
1. To understand labour laws and various other provisions. (PLO 1a).
2. To understand the rights and responsibilities of the management and especially
workmen and trade unions and penalties provided under the labour laws/Codes.
(PLO 2a).
3. To disseminate knowledge of labour laws, shall enable students to understand
the changes made under the Code on Wages, 2019 and the Code on Social
Security, 2020 with reference to its current need in the society. (PLO 4a).
Detailed Syllabus: (per session plan)

Unit Description Duration

1. Introduction to Code on Wages, 2019 3 Hrs

Topic Details:
 Historical Aspect of Code on Wages 2019
 Scope of Code on Wages 2019
 Objective of Code on Wages 2019
 Definitions
Cases:
 Hindustan Steel Works Construction Ltd. v. Commr of Labour, (1996)
10 SCC 599
 Rajendra Deva v. Hari Fertilizers, (2002) 1 SCC 130
 Surya Rau v. SR Tendulkar, 1997 Bom CR (Cri) 505
Basic Reading:
Reading Material (Basic):
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School - Kirit P. Mehta School of Law

1. Padhi, P. K, Labour and Industrial Laws, Fourth Edition, PHI Learning

Pvt. Ltd. 2019. Chapter 8 pg. 476 – 528
2. Kamala Sankaran, NREGA Wages Ensuring Decent Work, Economic
and Political Weekly, Vol. XLVI No. 7, February 12, 2011
Reading Material (Advance):
1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
Misra 29th Edition 2019. Part. 7.
2. Dr. V.G. Goswani, Labour and Industrial Law, Central Law Agency,
Allahabad, 2005, Part VI

Pedagogy: Discussion Method

2. Minimum Wages 3 Hrs
Topic Details:
 Payment of minimum rate of wages
 Fixation of minimum wages
 Components of minimum wages
 Procedure for fixing and revising minimum wages
 Power of Central Government to fix floor wage
 Wages of employee who works for less than normal working day
 Wages for two or more classes of work
 Minimum time rate wages for piece work
 Fixing hours of work for normal working day
 Wages for overtime work
 Comparative Analysis with Minimum Wages Act,1948
Cases:
 Sanjeeva Reddi v Registrar of Trade Unions (1969) 1 LLJ 11,
 Balmer Lawrie Workers’ Union v Balmer Lawrie & Co. Ltd. (1985) Lab
I.C. 242
 People's Union for Democratic Rights v. Union of India [AIR 1982 SC
1473]
 Sanjit Roy v Union of India [AIR 1983 SC 328].
 Bridge and Roof Company (India) Ltd. v Union of India [AIR 1963 SC
1474].
Reading Material (Basic):
1. Padhi, P. K, Labour and Industrial Laws, Fourth Edition, PHI Learning
Pvt. Ltd. 2019. Chapter 8 pg. 476 - 528
Reading Material (Advance):
1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
Misra 29th Edition 2019. Part. 7.
2. Chapter II- Fixation of Minimum Rates of Wages, Working Hours and
Determination of Wages and Claims, etc.

Pedagogy: Discussion Method

3. Payment of Wages 3 Hrs
Topic Details:
 Mode of payment of wages.
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School - Kirit P. Mehta School of Law

 Fixation of wage period.

 Time limit for payment of wages
 Deductions, which may be made from wages.
 Fines.
 Deductions for absence from duty.
 Deductions for damage or loss.
 Deductions for services rendered.
 Deductions for recovery of advances.
 Deductions for recovery of loans.
 Deductions for damage or loss.
Cases:

 Radhakrishan Jaikishan Ginning and Pressing Factory v Jamnadas

Nursery Ginning and Pressing Co. Ltd. AIR 1940, Nagpur 228,
 Purushottam Pottery Works (1958) 2 LLJ 523 (IT),
 Panyam Cement Employees Union v Commr. Of Labour (2004) 1 LLJ
915,
 TT Devasthanam v Commr. of Labour (1979) 1 LLJ 192,

Reading Material (Basic):

1. Padhi, P. K, Labour and Industrial Laws, Fourth Edition, PHI Learning

Pvt. Ltd. 2019. Chapter 9 pg. 529 - 552

Reading Material (Advance):

1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.

Misra 29th Edition 2019. Part 8. Chapter II- Payment of Wages and
Deduction from Wages

Pedagogy: Discussion Method

4. Payment of Bonus 3 Hrs
Topic Details:
 Eligibility for bonus, etc.
 Proportionate reduction in bonus in certain Cases
 Computation of number of working days.
 Disqualification for bonus
 Payment of bonus out of allocable surplus.
 Computation of gross profits
 Sums deductible from gross profits
 Calculation of direct tax payable by employer
 Set on and set off of allocable surplus
 Adjustment of customary or interim bonus against bonus payable under
this Code.
 Deduction of certain amounts from bonus payable.
 Time limit for payment of bonus.
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School - Kirit P. Mehta School of Law

 Application of this Chapter to establishments in public sector in certain

cases.
ADVISORY BOARD
 Central Advisory Board and State Advisory Boards

Cases:
 Bakshi Security and Personnel Services Pvt. Ltd. Vs. Devkishan
Computed Pvt. Ltd. and Ors. [July 26, 2016]
 Dr. Suhas H. Pophale Vs. Oriental Insurance Co. Ltd. and Its Estate
Officer [February 11, 2014]
 Steel Authority of India Ltd. & Orsetc. Vs. National Union Water Front
Workers & Ors [2001] INSC 445 (30 August 2001)

Reading Material (Basic):

1. Padhi, P. K, Labour and Industrial Laws, Fourth Edition, PHI Learning
Pvt. Ltd. 2019. Chapter 9 pg. 529 - 552
Reading Material (Advance):
1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
Misra 29th Edition 2019. Part 8. Chapter II- Payment of Wages and
Deduction from Wages
Pedagogy: Discussion Method
5. Payment Of Dues, Claims and Audit 3 Hrs
Topic Details:
 Responsibility for payment of various dues
 Payment of various undisbursed dues in case of death of employee.
 Claims under Code and procedure thereof.
 Reference of disputes under this Code.
 Presumption about accuracy of balance sheet and profit and loss
account of corporations and companies.
 Audit of account of employers not being coporations or companies.
 Appeal.
 Records, returns and notices.
Inspector-Cum-Facilitator
 Appointment of Inspector cum Facilitators and their powers.

Reading Material (Basic):

1. Padhi, P. K, Labour and Industrial Laws, Fourth Edition, PHI Learning
Pvt. Ltd. 2019. Chapter 4 pg. 333 - 377
Reading Material (Advance):
1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
Misra 29th Edition 2019.
Pedagogy: Discussion Method
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School - Kirit P. Mehta School of Law

6. Offences and Penalties 3 Hrs

Topic Details:
 Cognizance of Offences
 Penalties for Offences
 Offences by Companies
 Composition of Offences
 Miscellaneous
Reading Material (Basic):
1. Padhi, P. K, Labour and Industrial Laws, Fourth Edition, PHI Learning
Pvt. Ltd. 2019. Chapter VI & VII pg. 316 - 318
Reading Material (Advance):
1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
Misra 29th Edition 2019. Chapter VI- Offences and Procedure for Trial.
Chapter IX- Penalties and Procedure
Pedagogy: Discussion Method
7. Introduction to Code on Social Security,2020 3 Hrs
Topic Details:
 Historical Aspect of Code on Social Security 2020
 Scope of Code on Social Security 2020
 Objective of Code on Social Security 2020
 Definitions
Basic Reading:
1. Kwang Leung Tang and James Midgley. "The Origins and Features of
Social Security" in Social Security, The Economy and Development (James
Midgley and Kwang Leung Tang eds., Palgrave Macmillan, 2008), pages
17-51.
2. Gurung, Pramita. Study of Social Security Laws and Policy Relating to
Labour in Organized Sector in India, Diss. University of North Bengal,
2018.
Pedagogy: Discussion Method
8. Social Security Organisations 3 Hrs
Topic Details
 Social Security Organisations
 Registration and Cancellation of an Establishment
 Constitution of Board of Trustees of Employees’ Provident Fund
 Constitution of Employees’ State Insurance Corporation
 National Social Security Board and State Unorganised Workers’ Board.
 Constitution of State Building Workers’ Welfare Boards.
 Disqualification and removal of a member of any Social Security
Organisation.
 Procedure for transaction of business of Social Security Organisation,
etc.
 Executive Heads of Central Board and Corporation.
 Supersession of Corporation, Central Board, National Social Security
Board or State Unorganised Workers’ Board or the Building Workers’
Welfare Board.
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School - Kirit P. Mehta School of Law

 State Board, Regional Boards, local committees, etc.

 Entrustment of additional functions to Social Security Organisations.
Basic Reading:
1. Dr. V.G. Goswami. Labour and Industrial Law, Central Law Agency,
Allahabad, 2005, Part VI.
2. Gupta, Riya. "Social Security Act of 2020: A Significant Step Towards
Universalizing Social Protection for India's Working Class." Res
Militaris 13.3 (2023): 1178-1187.
Pedagogy: Discussion Method
9. Employees’ Provident Fund 3 Hrs
Topic Details:
 Appointment of officers of Central Board.
 Contribution in respect of employees and contractors.
 Priority of payment of contributions over other debts.
 Funds
 Authorising certain employers to maintain provident fund accounts.
 Transfer of accounts.
 Appeal to Tribunal.
Cases:
 Supreme Court of India - The Regional Provident Fund ... vs
Vivekananda Vidyamandir on 28 February, 2019
 Supreme Court of India - Manipal Academy Of Higher ... vs Provident
Fund Commissioner on 12 March, 2008
Reading Material (Basic):
1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
Misra 29th Edition 2019. Part 6. Chapter II- Employees’ Provident
Fund Scheme and Authorities.
2. Naraparaju, Karthikeya, and Ajay Sharma. "Labour Regulations and
Worker Welfare: The Case of Provident Fund in India." India
Development Report (2017).
Reading Material (Advance):
1. Padhi, P. K, Labour and Industrial Laws, Fourth Edition, PHI Learning
Pvt. Ltd. 2019.
2. Ramesh, Chidambaram. The Law of Employees’ Provident Funds: A
Case-Law Perspective. Notion Press, 2018.
Pedagogy: Discussion Method
10. Employees State Insurance Corporation 3 Hrs
Topic Details:
 Principal Officers and other staff.
 Employees’ State Insurance Fund.
 Purposes for which Employees’ State Insurance Fund may be expended.
 Holding of property, etc
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School - Kirit P. Mehta School of Law

 All employees to be insured.

 Contributions.
 Administrative expenses.
 Provisions as to payment of contributions by employer, etc.
 Benefits.
 Corporation’s power to promote measures for health, etc., of Insured
Persons.
 Presumption as to accident arising in course of employment.
 Accidents happening while acting in breach of law, etc.
 Occupational disease.
 References to medical board.
 Dependants' benefit.
 Medical benefit.
 Provision of medical treatment by State Government or by Corporation
 General provisions as to benefits.
 Corporation’s rights when an employer fails to register, etc.
 Liability of owner or occupier of factories, etc., for excessive sickness
benefit
 Scheme for other beneficiaries.
 Schemes for unorganised workers, gig workers and platform workers.
 Exemption of factories or other establishments belonging to
Government or any local authority
 Contributions, etc., due to Corporation to have priority over other debts.
 Constitution of Employees’ Insurance Court.
 Matters to be decided by Employees’ Insurance Court.
 Powers of Employees’ Insurance Court.
 Proceedings of Employees’ Insurance Courts.
 Appeal to High Court.
Cases:
 Jay Engineering Works Ltd. v Staff AIR 1968 Cal 407,
 Rohtas Industries Staff Union v State of Bihar AIR 1979 SC 425,
 Indian Newspapers (Bom) Pvt Ltd v TM Nagarajan (1982) 2 LLJ 353,
 Chairman, State Bank of India v All Orissa State Bank Officers
Association 2000 Lab IC 2153
 Employees State Insurance Corporation & ANR. Vs. Mangalam
Publications (I) Private Limited [SEPTEMBER 21, 2017] 697 SC
 India Bank Employees v National Industrial Tribunal AIR 1962 SC 171
 M. Laxmanamurthy v. Employees’ State Corporation, Bangalore (1974)
4 SCC 365
 Premchand Jute & Industries (P) Ltd. V. Employees State Insurance
Corporation, 2020 Cal 1574, decided on 18-08-2020
Reading Material (Basic):
1. Padhi, P. K, Labour and Industrial Laws, Fourth Edition, PHI Learning
Pvt. Ltd. 2019. Chapter 12 pg. 637 – 724.
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School - Kirit P. Mehta School of Law

2. Ahuja, Ravi. "Minoritarian Labour Welfare in India: The Case of the

Employees’ State Insurance Act of 1948." In One Hundred Years of
Social Protection: The Changing Social Question in Brazil, India, China,
and South Africa (2021): 157-188.
Reading Material (Advance):
1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
Misra 29th Edition 2019. Part 5. The Employees’ State Insurance Act.

Pedagogy: Discussion Method

11. Gratuity 3 Hrs
Topic Details:
 Payment of gratuity.
 Continuous service.
 Nomination.
 Determination of amount of gratuity.
 Compulsory insurance
 Competent authority
Cases:
 Supreme Court of India - Birla Institute Of Technology vs The State Of
Jharkhand on 7 March, 2019
 Secretary, O.N.G.C. Ltd. And Anr vs V.U. Warrier on 20 April, 2005, 5
SCC 245
 Supreme Court of India - Ram Naresh Singh vs Bokaro Steel Ltd. 30
October, 2017
 Supreme Court of India - Bch Electric Limited vs Pradeep Mehra on 29
April, 2020
Reading Material (Basic):
1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
Misra 29th Edition 2019. Part 15. The Payment of Gratuity Act
2. Joseph, Jerome, and Srinath Jagannathan. "Employment Relations &
Managerialist Undercurrents—The Case of Payment of Gratuity Act,
1972." Indian Journal of Industrial Relations (2011): 253-263.
Pedagogy: Discussion Method
12. Maternity Benefit 3 Hrs
Topic Details:
 Employment of, or work by, women prohibited during certain period.
 Right to payment of maternity benefit.
 Continuance of payment of maternity benefit in certain Cases:.
 Notice of claim for maternity benefit and payment thereof.
 Payment of maternity benefit in case of death of a woman.
 Payment of medical bonus.
 Leave for miscarriage, etc.
 Nursing breaks.
 Creche facility.
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School - Kirit P. Mehta School of Law

 Dismissal for absence during pregnancy.

 No deduction of wages in certain Cases.
 Forfeiture of maternity benefit.
 Duties of employer.
 Power of Inspector Cum- Facilitator to direct payments to be made.
Cases:
 Uttarakhand High Court - Smt. Tanuja Tolia vs State of Uttarakhand
And Others on 24 July, 2020
 Allahabad High Court - Anshu Rani vs State of U P And 2 Others on
19 April, 2019
 Delhi High Court - K. Chandrika vs Indian Red Cross Society And
Anr. on 24 April, 2006
 Kerala High Court - State of Kerala vs Smt.Annakutty Varghese on 24
September, 2020
Reading Material (Basic):
1. Padhi, P. K, Labour and Industrial Laws, Fourth Edition, PHI Learning
Pvt. Ltd. 2019. Chapter 5 pg. 378 – 417.
2. Pvls, Mounika. "Maternity Benefits: A Quest for Workplace Equality."
Nyaayshastra L. Rev. 2 (2021): 1.
Reading Material (Advance):
1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
Misra 29th Edition 2019. Part 14. The Maternity Benefit Act
2. Shivakumar, A., and Gowri Manogari. "A Study on the Efficiency of the
Maternity Benefit Act in India." Legal Lock J. 3 (2023): 44.
Pedagogy: Discussion Method
13. Employee's Compensation 3 Hrs
Topic Details:
 Reports of fatal accidents and serious bodily injuries.
 Employer’s liability for compensation
 Compensation in case of death of or injury in plantation.
 Amount of compensation
 Compensation to be paid when due and damages for default.
 Method of calculating monthly wages for purposes of compensation
 Commutation of half monthly payments.
 Distribution of compensation
 Notice and claim.
 Special provisions relating to accidents occurring outside Indian
territory.
 Medical examination.
 Remedies of employer against stranger.
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School - Kirit P. Mehta School of Law

 Insolvency of employer.
 Power to require from employer’s statements regarding fatal accidents
 Registration of agreements
 Reference to competent authority.
 Appointment of competent authority.
 Venue of proceedings and transfer.
 Power of competent authority to require further deposit in Cases: of
fatal accident.
 Powers and procedure of competent authority.
 Appearance of parties.
 Method of recording evidence.
 Power to submit Cases
 Appeal against order of competent authority
Cases:
 Hindustan Antibiotics Ltd. v Workmen, AIR 1967 S.C. 948
 Punjab National Bank Ghulam Dastagir, AIR 1978 SC 481
 State of Bombay v United Motors (1953) SCJ 373
 SP Gupta v Union of India AIR 1982 SC 149
Reading Material (Basic):
1. Padhi, P. K, Labour and Industrial Laws, Fourth Edition, PHI Learning
Pvt. Ltd. 2019. Chapter 11 pg. 582 – 636.
2. Reuben, Jyotsna Eveline. Development of Industrial Relations and
Human Resources in Indian Labour Law and Its Organizational
Effectiveness.
Reading Material (Advance):
1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
Misra 29th Edition 2019. The Employees’ Compensation Act, Part 4.
Chapter II- Employees Compensation.
Pedagogy: Discussion Method
14. Social Security and Cess in Respect of Building and Other Construction 3 Hrs
Workers
Topic Details:
 Levy and collection of cess.
 Interest payable on delay in payment of cess.
 Power to exempt from cess.
 Self-assessment of cess.
 Penalty for non-payment of cess within the specified time
 Appeal to appellate authority.
 Registration of building workers as beneficiaries.
 Cessation as a beneficiary
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School - Kirit P. Mehta School of Law

 Building and Other Construction Workers’ Welfare Fund and its

application
Cases:
 Supreme Court of India - The Joint Labour Commissioner And ... vs
Kesar Lal on 17 March, 2020. 266 SC
 National Campaign Commtt., C.L., Labour Vs. Union of India & Ors
[2009] INSC 54 (13 January 2009). 52 SC

Reading Material (Basic):

1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
Misra 29th Edition 2019.
2. Ghosh, Ruma. “Social Protection in India: Understanding Trends and
Policy Imperatives. “published in 2022.
Reading Material (Advance):
1. Padhi, P. K, Labour and Industrial Laws, Fourth Edition, PHI Learning
Pvt. Ltd. 2019.
2. Ghosh, Ruma. “Social Protection in India: Understanding Trends and
Policy Imperatives." 2022.
Pedagogy: Discussion Method
15. Social Security for Unorganised Workers, Gig Workers and Platform 3 Hrs
Workers
Topic Details:
 Framing of schemes for unorganized workers
 Funding of State Government schemes.
 Record keeping.
 Helpline, facilitation centre, etc., for unorganized workers, gig workers
and platform workers.
 Registration of unorganized workers, gig workers and platform
workers.
 Schemes for gig workers and platform workers
 Finance And Accounts
 Authorities, Assessment, Compliance And Recovery
 Offences And Penalties
 Employment Information And Monitoring
 Miscellaneous
 Schedule
Cases:
1. Uber India Systems Private Limited vs Union Of India & Anr. on 12
April, 2023.
2. Uber BV and others v Aslam and others [2021] UKSC 5.
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School - Kirit P. Mehta School of Law

3. The People v Uber Technologies, Inc., City & County of San Francisco
Super. Ct. No. CGC-20- 584402 (Cal 2020).
Basic Reading:
1. Majumdar, Sinjini. "The case for social security benefits to gig workers
in India." Chambers and Partners Articles, November (2021).
2. Dipak Mazuradar, Dissecting India's Unorganised Sector, Economic
and Political Weekly 27 (February 9, 2008).
3. Ministry of Labour, Informal Sector in India: Approaches for Social
Security in Key Texts on Social Justice in India (Sanam Roohi and
Ranabir Samaddar ed., Sage 2009), 540.
Total 45 Hrs

Text Books:
1. Handbook on Labour Wage Code by Saurabh Munjal, Vaibhav Munjal ISBN: 9789389714555
published on 2021.
2. P. L. Malik's Handbook of Labour and Industrial Law ISBN: B81582702715A, B81582702970A
published in 2019.
3. Commentary on Labour & Industrial Law by Ahmedullah Khan, Amanullah Khan ISBN:
9789390227068 published in 2018
Reference Books:
1. Labour & Industrial Laws by Sunil Yadav Edition: 2nd Edition, 2019.
2. Padhi, P. K, Labour and Industrial Laws, Fourth Edition, PHI Learning Pvt. Ltd. 2019.
3. H. L. Kumar, Practical Guide To Factories Act [Edition 20019 - 2020] Universal Law
Publishing Co, 1 January 2019.
4. H. L. Kumar, Practical Guide to Industrial Disputes Act and Rules with Model Forms,
Universal Law Publishing Co, 2019.
Any other information:
1. Latest Updated Statutes, Act, Rules and Regulations and Case Law to be taught after
discussion in Multi-Campus Program Coordination (MPC) Meeting.

Details of Internal Continuous Assessment (ICA): 50 Marks

Description of ICA Marks

Mid-Term 20 Marks
Quiz 10 Marks
Group Discussion 10 Marks
Class Participation 10 Marks
Total Marks: 50 Marks

Signature Signature
(Prepared by Dr. Nazima Munshi, (Approved by Dr. Durgambini Patel, Dean)
Tushar Krishmanani
Updated on 5th Oct. 2024(28th BOS)