HLC0717: LABOUR LAW-I

INDUSTRIAL RELATIONS AND WAGE LAWS

Objectives of the course

Labour rights are being integral to the social and economic development since the industrial
revolution. Well balanced industrial development leads to increased productivity which in
turn is a factor of national progress. Gone are the days when despotic industry-owners
treated our precious labour as a mere factor of production, no more than a cost to minimise
in the profit and loss account. As we grow to honour the crucial contribution of labour in
society, studying, analysing and understanding system of labour laws, and exploring, with a
keen and uncompromising eye, its flaws, failures, gaps and loopholes, is the key to combating
rampant inequality and ensuring that labour has the right to live with dignity. The labour
laws introduced for this course defines socio-legal control of labour relations and the
history, the present norms, the emerging areas and possible future techniques of labour
jurisprudence with reference to the tripartite responsibility of State, Workers and Employers.

This course has been designed to:

I. Educate the student on the historical evolution of modern labour jurisprudence;

II. Explain the importance of the International LabourOrganisation and its role in the
development of labour law;
III. Elucidate the importance of, and laws governing, trade unions;
IV. Create a broad and deep understanding of the law related to industrial relations in
India;
V. Examine the importance of standing orders;
VI. Detail the various statutory requirements under legislations related to wages; and
VII. Develop a keen awareness of labour rights under various situations.

The following syllabus prepared with this perspective will comprise 5 modules.

COURSE OUTLINE

Module I: Evolution of Labour Legislations

(a) Historical Perspectives on Labour –Genesis of Labour Legislation - Modern Factory

System- - Impact of Industrialisation.
(b) Labour Policies in India.
(c) Master and Servant Relationship.
(d) Shift From Laissez Faire to Welfare Policy.
(e) Role of the State in Industrial Relations.
(f) Constitutional Perspectives on Labour Laws .

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(g) Workers Participation in Management .
(h) Labour Law Reforms.
(i) International Labour Organisation - Setting Labour Standards - Conventions and
Recommendations - ILO and India - Conventions Ratified in India - Impact of ILO and
Indian Labour Legislations.

Module II : Regulation of Trade Unions and Collective Bargaining

(a) Trade Union Movement in India - Development of Trade Union Legislation in India -
Weakness of Trade Union Movement.
(b) Out Siders in Trade Unions.
(c) Inter-Union and Intra-Union Rivalries
(d) Trade Unions Act, 1926 – Scope and Object - Definitions - Registration of Trade Unions
– Members - Office Bearers - Rights and Liabilities of Trade Union - Privileges and
Immunities of Registered Trade Unions.
(e) Recognition of Trade Unions.
(f) Collective Bargaining - Pre-requisites for Effective Collective Bargaining - Advantages
and Disadvantages of Collective Bargaining - Enforcement of Collective Bargaining in India.

Module III: Regulation of Industrial Disputes

(a) Industrial Relations And Industrial Peace-Causes Of Industrial Disputes-System Of

Adjudication Machinery Before 1947.
(b) Industrial Disputes Act,1947 – Scope And Object - Definitions – Industry – Industrial
Dispute – Workman - Lay Off – Retrenchment - Closure - Transfer of Under Takings - Kinds
of Strike Regulation of Strike and Lock out -Unfair Labour Practices and Victimisation.
(c)Dispute Settlement Authorities - Reference Power of the Government - Grievance
Redressal Machinery - Works Committee-Conciliation – Arbitration - Adjudication: Labour
Court, Industrial Tribunal and National Tribunal - Award – Settlement - Change of
Conditions of Service During the Pendency of Proceedings.

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Module IV: Standing orders and Disciplinary Proceedings

(a) The Concept and Nature of Standing Orders.

(b) Industrial Employment (Standing Orders) Act, 1946 - Certifying Officers; Appointment,
Jurisdiction and Powers and Duties- Procedure for Certification of Standing Orders -
Duration - Modification of Certified Standing Orders - Appeal Against Certification -
Registration of Standing Orders - Effect of Certified Standing Orders -Temporary
Application of Model Standing Orders -Inspection Machinery.
(c) Misconduct - Domestic Enquiry - Stages Involved in Conducting Disciplinary Enquiry-
Framing of Charges – Explanation to Charge Sheet – Conduct of Domestic Enquiry –
Appointment of Enquiry Officer – Notice of Enquiry – Conduct of Proceedings – Rules of
Natural Justice in the Context of Disciplinary Enquiry – Enquiry Report – Punishment.

Module V : Wage Related Legislations

(a) Concept Of Wages - Fair Wage, Living Wage, Minimum Wage.

(b) Theories Of Wages
(c) Wage Structure
(d) Wage Policy In India.
(e) Minimum Wages Act, 1948 - Definitions - Fixation and Revision of Minimum Wages;
Methodology, Procedure, Advisory Boards – Authority to Hear and Decide Claims-
Inspectors, Powers, Claims - Offences and Penalties.
(f) Payment of Wages Act, 1936 - Definitions – Obligations of the Employer- Permissible
Deductions-Authorities Under the Act - Inspectors and Their Powers – Offences and
Penalties.
(e) The Payment of Bonus Act, 1965 - Bonus Commission - Definitions and Coverage -
Kinds of Bonus - Eligibility and Extent of Bonus - Calculation of Bonus: Available Surplus,
Allocable Surplus, Set on and Set off - Forfeiture of Bonus – Machinery for Settlement of
Bonus Disputes.

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Recommended Readings:

Books:
1. S.N.Mishra, “ Labour and IndustrialLaw”, (Allahabad: Central Law Agency, 2019).
2. Dr.V.G.Goswami, “Labour and Industrial Laws”, (Allahabad: Central Law Agency,
2019).
3. MadhavanPillai, “Labour and IndustrialLaws” (Allahabad: Allahabad Law Agency,
2017).
4. S.C. Srivastava, “Industrial Relations and Labour Laws” (New Delhi: Vikas
Publishing House Pvt. Ltd., 2019).
5. Meenu Paul, Labour and Industrial Law (Allahabad law Agency 2017).

Journals/Journal Articles:

1. Suresh C. Srivastava, “Labour Welfare and the Law” 17 Journal of Indian Law
Institute 342-366 (1975)

2. Manishi Pathak, “An Overview of Contract Labour Related Laws in India” NLS Bus.
L.Rev. 20-35 (2017).

3. Zubair Ahmad Khan &Hina Varshney, “Implementation of the Labour Welfare

Provisions for Women Workers in the Unorganised Sector in India: A Critical
Analysis” 21 Aligarh Law Journal 62 (2013).

4. Usha Ramanathan, “Statute Law, Injury & Compensation” 47 Journal of Indian Law
Institute 158-198 (2005).

5. N.S.Kamboj, “Hazardous Industries Policy & the Law” 46 Journal of Indian Law
Institute 449-462 (2004).

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Further Readings:

Books:
1. K.D. Srivastava's Commentaries on Workmen's Compensation Act, 1923: with
Supplement, (Lucknow: Eastern Book Co., 6th Revised ed., 1999).
2. K.D. Srivastava's Commentaries on Employees' State Insurance Act, 1948: with
Supplement, (Lucknow: Eastern Book Co., 5th Revised ed., 2001).
3. K.D. Srivastava's Employees' Provident Funds and Miscellaneous Provisions Act,
1952, Revised by S.C.Srivastava, (Lucknow: Eastern Book Co. 8th Edition, 2001).
4. K D Srivastava’s Commentaries on Payment of Gratuity Act, 1972 with supplement,
(Lucknow: Eastern Book Co., 5th ed., 2016).
5. K.D. Srivastava's Commentaries on Factories Act, 1948: with Supplement, (Lucknow:
Eastern Book Co., 5th Revised ed., 2001).

Journals:

1. RP.Rangeela, Mrs.Girija Anil, “Welfare measures under the Factories Act: A Critical
Appraisal” International Journal of Pure and Applied Mathematics, Vol.120, No.5, (2018)
p.255.

2. S.Gokulakrishnan , Dr.DVezhaventhan, “A Study on Maternity Benefit Scheme in India”

International Journal of Pure and Applied Mathematics, Vol.120, No.5, (2018) p.4393.

3. Priyanka.B, A.Sreelatha, “Effective Implementation of Maternity Benefit Act Of 1961”

International Journal of Pure and Applied Mathematics, Vol.120, No.5, (2018) p.1329.

4. K B Ravindra, “Labour Welfare and Social Security” Ushus J B Mgt 13, 1(2014), p.77.

5. Manvendra Singh Jadon and Ankit Bhandari, “Analysis of the Maternity Benefits
Amendment Act, 2017 and its Implications on the Modern Industrial Discourse” Christ
University Law Journal, 2019 Vol. 8, No,2, p. 63.

6. Mrs. Sumitra Pujari, “A Study on Welfare Schemes of ESI” International Journal of

Engineering Technology Science and Research, Vol.5, Issue 1, (2018), p.761.

7. Dr. A. Ananda Kumar, Dr. D. Porkalai& Mr. A. Savio Arokiadass, “Effective Utilization
of Employee State Insurance (ESI) Policy at E-Publishing Sector” Global Journal of
Management and Business Research: G Interdisciplinary Vol.17, Issue 5 (2017) p.35.

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 8. Jerome Joseph and Srinath Jagannathan, “Employment Relations & Managerialist
Undercurrents — The Case of Payment of Gratuity Act, 1972” Indian Journal of Industrial
Relations Vol. 47, No. 2 (October 2011), p. 253.

9. Yashik, P. M. (2014). ”A study about the Labour welfare and Social Security Measures in
India”, International Journal of Management, 2, p.23.

10. Sravanthi, B., “Social security in India: constitutional frame work” International Journal
of Development Research, Volume 8, Article ID: 12929.

Cases for Guidance:

1. United India Insurance Co. Ltd. v. (Smt.) Susheela, 2004 (101) FLR 393 (Karn HC)
2. Employees State Insurance Corporation v. Jaipur Enterprises, (1988) 56 FLR 207 (Raj.)
3. Employees State Insurance Corporation v. Hotel Kalpaka International, 1993 LLR 177 (SC)
4. Fenner (India) Ltd. v. Joint Regional Director, Employees State Insurance Corporation,
(2003) 2 LLJ 447 (Mad)
5. Municipal Corporation of Delhi v. Female Workers (Muster Rolls) and Another, AIR 2000
SC 1274
6. Ram Bahadur Thakur (P) Ltd. v. Chief Inspector of Plantations, [1982 (2) LLJ 20]
7. Sri Rama Vilas Service Ltd. v. RPFC, 2000 I LLJ 709 (Mad)
8. Hindustan Lever Employees Union v. RPFC, 1995 (71) FLR 46 (Bom)
9. Mill Owners Association, Bombay v. Their Employees [1950 (II) LLJ 1247]
10. Standard Vacuum Refining Co. of India v. Workmen, AIR 1961 SC 895, 901
11. Mill Owners Association, Bombay v. Rashtriya Mazdoor Mill Sangh, [(1960) LLJ 1247]
12. Kothari Corporation v. Appellate Authority (Deputy Commissioner of Labour), Karnool 1998
LLR 223
13. Management of Sri Akilandeswari Mills Ltd. v. Asst. Commissioner of Labour (2000) I LLJ
1411 Mad
14. Workmen of American Express International Banking Corporation v. American Express
International Banking Corporation [AIR 1986 SC 458]
15. JayathilalDhaniji& Co. Oil Mills v. Employees State Insurance Corporation [(1966) 2 LLJ
542]

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 Learning Out Come:

After completion of the course students will be able to –

 Appreciate the evolution and conceptual backbones of social security laws and recognise the
pivotal role played by ILO in ensuring social security rights for workers;
 Distinguish the rights of employees under various employment-related mishaps and
consequences and understand the scope and reach of state insurance benefits to employees;
 Critically analyse maternity benefits available to women employees and their
adequacy/inadequacy;
 Discern the nuances of retirement benefits payable to employees; and
 Comprehend the compliances to be followed by factories and critically analyse relevant laws.

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