NATIONAL LAW UNIVERSITY ODISHA

B.A.LL.B & B.B.A.LL.B

SEMESTER VI

LABOUR LAW - I

Compulsory Paper
4-Credits

COURSE TEACHERS
Dr. Sohini Mahapatra & Mr. Santosh Kumar Behera
COURSE DESCRIPTION

Labour law also known as employment law is the body of laws, administrative
rulings, and precedents which address the legal rights of, and restrictions on,
working people and their organizations. As such, it mediates many aspects of the
relationship between trade unions, employers and employees. In other words,
Labour law defines the rights and obligations of workers, union members and
employers in the workplace. Labour Law I specifically deals with:

 Industrial relations – labour-management relations, collective bargaining and

unfair labour practices, certification of unions;
 Unfair dismissals, minimum wage, retrenchment and layoff procedures, etc.

Labour legislations are some of the oldest legislations in India, which are on the
brink of being overhauled with the New Labour Codes. Hence, the course pivots
through the existing legislations and the new Codes for understanding the
concepts.

COURSE OBJECTIVES

The objectives of the subject are to:

1. Provide detailed knowledge about labour legislations and its application in
protecting the rights of workers, working with different industrial
establishments.
2. Develop an understanding about the various issues, such as employment,
non-employment, conditions of labour, terms of employment and dispute
settlement.
3. Impart training on contemporary issues of labour law and New Labour
Codes.

LEARNING OUTCOMES

At the end of this course, students will be able to:

1. Apply the concepts of labour law to real-life situations
2. Understand the role and relevance of International Labour Organization in
Indian legal scenario
3. Identify the rights of employees and assess how the judiciary secures the
same
4. Recognise and analyse the significance and role of Trade Unions
 5. Assess the importance of Collective Bargaining in negotiations and dispute
resolutions
6. Question the conditions of employment of workers in industrial
establishments

TEACHING METHODOLOGY

A combination of lecture and case-law method will be followed to explain

important concepts and students shall be encouraged to adopt the Learning through
Discussion (LTD) method. Thus, the classes shall be intended to be more
Participatory/ Interactive in nature.
Additionally, since labour law is in the brink of transformation from old
legislations to new Codes, the teaching approach will be a combination of both –
existing legislations as well as changes brought under the new Industrial Relations
Code 2020, with more focus on the latter.

COURSE MODULES & LECTURE PLAN

MODULE I
LABOUR JURISPRUDENCE IN INDIA AND ILO
No. of lectures – 5

TOPIC LEADING CASES LECTURE NO.

Introduction to labour Lecture no. 1
law
Transition from Lecture no. 1
exploitation to protection
and from contract to
status
Meaning and Scope of Lecture no. 1
Industrial Relations
Employer-Employee 1. Workmen of Nilgiri Lecture no. 2
Relationship Coop. Mkt. Society
Ltd. v. State of T.N
AIR 2004 SC 1639
2. Dharangadhara
Chemical Works Ltd.
v. State of Saurashtra
 AIR 1957 SC 264
3. Officer in Charge,
Sub Regional
Provident Fund Office
and Another v. M/s
Godavari Garments
Limited (2019) 8 SCC
149
Different Kinds of Lecture no. 3
Labour – Formal,
Informal, Organized,
Unorganized,
Contractual
Brief Introduction of ILO Lecture no. 4
Core Labour Rights, Lecture no. 4
Freedom of Association
(Convention no. 87),
Right to Collective
Bargaining (Convention
No. 98) and Role of
Collective Bargaining
Constitutional 1. Randhir Singh v Lecture no. 5
philosophy and labour Union of India AIR
welfare; Fundamental 1982 SC 879
Rights & Directive 2. People’s Union for
Principles of State Policy Democratic Rights v
on Labour UoI AIR 1982 SC
1473 (Asiad Case)

MODULE II
INDUSTRIAL RELATIONS AND LAW
No. of lectures – 20

TOPIC LEADING CASES LECTURE NO.

‘Industry’ Definition Lecture no. 6
Municipal Corporations 1. D.N. Banerjee v P.R. Lecture no. 7
and Municipalities as Mukherjee (1953) 1
Industry LLJ 195 (Known as
 the Budge Budge
Municipality Case)
2. Baroda Borough
Municipality v Its
Workmen AIR 1957
SC 110
3. Corporation of City
Nagpur v Its
Employees (1960) 1
LLJ 523
Hospital as Industry 1. State of Bombay v Lecture no. 8 and 9
Hospital Mazdoor
Sabha (1960) 1 LLJ
251 SC
2. Management of
Safdarjung Hospital v
Kuldip Singh Sethi
AIR 1970 SC 1407
3. Management of
Hospital, Orissa v
Their Workmen
(1971) Lab.I.C. 835
SC
Charitable Institutions as Bombay Pinjrapole v Lecture no. 10
Industry Their Workmen (1971) 2
LLJ 393 SC
Educational Institutions University of Delhi v Lecture no. 10
as Industry Ram Nath AIR 1963 SC
1873
Clubs as Industry 1. Cricket Club of India Lecture no. 11
v Bombay Labour
Union (1966) 1 LLJ
775
2. Madras Gymkhana
Club Employees’
Union v Management
of Madras Gymkhana
 Club AIR 1968 SC
554
Solicitor Firms as National Union of Lecture no. 11
Industry Commercial Employees’
v M. R. Mehar AIR 1962
SC 1080
Bangalore Water Supply Bangalore Water Supply Lecture no. 12 and 13
Case and Sewerage Board v A.
Rajappa AIR 1978 SC
548
Amendment, Subsequent Coir Board, Ernakulam v Lecture no. 14
Cases and Changes in the Indira Devi AIR 1998 SC
IR Code 259
State of U.P. v Jaibir
Singh (2005) 5 SCC 1
‘Industrial Dispute’ Lecture no. 15
Definition
Tests of Industrial 1. Assam Chah Lecture no. 16 and 17
Dispute Karmachari Sangh v
Management of
Dimakuchi Tea
Estate AIR 1958 SC
353
2. Workmen of
Dahingeapar Tea
Estate v
Dahingeapar Tea
Estate 1960 II LLJ
498 SC
3. Standard Vacuum
Refining Co. of India
v Their Workmen
AIR 1960 SC 948

Other Cases 1. Newspapers Ltd. v Lecture no. 18 and 19

Industrial Tribunal
(1957) II LLJ 1 SCC
 2. Bombay Union of
Journalists v The
Hindu AIR 1963 SC
318
3. Workmen of
Dharampal
Premchand v M/s
Dharampal
Premchand AIR 1966
SC 182
4. Rameshwar Manjhi v
Management of
Sangramgarh
Colliery AIR 1994 SC
1176
5. J H Jadhav v M/s
Forbes Gokak Ltd.
(2005) 3 SCC 202
6. Prabhakar v Joint
Director, Sericulture
Dept. & ors. AIR
2016 SC 2984

Deemed Dispute Lecture no. 20

‘Worker’ Definition Lecture no. 21
Employer-Employee 1. Chintaman Rao v Lecture no. 22
Relationship State of Madhya
Pradesh (1958) 2 LLJ
252
2. Bridhichand Sharma
v First Civil Judge,
Nagpur (1961) 2 LLJ
86 SC
Supervisory Capacity 1. Union Carbide Lecture no. 23
(India) Ltd. V D.
Samuel & ors. (1999)
LLR 21 Bom
Specific Examples 1. Miss A. Sundarambal Lecture no. 24
Tests v Govt. of Goa,
Daman & Diu (1989)
1 LLJ 62 SC
2. Management of
Sonepat Cooperative
Sugar Mills Ltd. v Ajit
Singh (2005) LLR 309
SC
Fixed Term Employment Lecture no. 25

MODULE III
TERMINATION OF EMPLOYMENT
No. of lectures – 9

TOPIC LEADING CASES LECTURE NO.

Lay-Off – Definition, Lecture no. 26
Prohibition
Lay-Off Procedure, 1. P. Virudhachalam v Lecture no. 27 and 28
Compensation Management of Lotus
Ltd. 1998 Lab.IC 834
SC
2. Associated Cement
Companies Ltd. v
Their Workmen
(1960) 1 LLJ SC 7
Retrenchment – State Bank of India v N. Lecture no. 29 and 30
Definition, Conditions Sundara Mani AIR 1976
SC 1111
Retrenchment – Workmen of Sudder Lecture no. 31 and 32
Procedure, Re- Workshop of Jorhaut Tea
employment Co. Ltd. V Management
(1980) Lab 742 SC
Closure – Notice, Lecture no. 33 and 34
Compensation,
Restriction
 MODULE IV
DISPUTE RESOLUTION MECHANISM
No. of lectures – 10

TOPIC LEADING CASES LECTURE NO.

Authorities under the Act North Brook Jute Co. Lecture no. 35
Works Committee Ltd. v Their Workmen
AIR 1960 SC 879
Grievance Redressal Lecture no. 36
Committee
Conciliation Officer Lecture no. 36
Board of Conciliation Lecture no. 36
Courts of Inquiry Lecture no. 37
Labour Courts Lecture no. 38
Tribunals Lecture no. 38
National Tribunal Lecture no. 38
New provisions in the IR Lecture no. 38
Code
Power, Procedure and Punjab National Bank Lecture no. 39 and 40
Duties of Authorities Ltd. v Ram Kunwar
(Industrial Tribunal,
Delhi) AIR 1957 SC 276
Settlement and Award Bachi Singh & Anr. vs. Lecture no. 41 and 42
Union of India (1992)
Voluntary Arbitration 1. A.T.K.M Employees’ Lecture no. 43 and 44
Association vs. Mus
Aliar Industries, 1961
(Kerala HC)
2. Rohtas Industries
Staff Union vs. State
of Bihar, 1962 (Patna
HC)
3. Engineering Mazdoor
Sabha vs. Hind Cycles
Ltd., 1962
 MODULE V
STOPPAGE OF WORK AND DISCIPLINARY ACTION IN
INDUSTRIES
No. of lectures – 8

TOPIC LEADING CASES LECTURE NO.

Strike – Definition and Lecture no. 45 and 46
Forms
Lock-outs 1. Premier Automobiles Lecture no. 47
Ltd. v G R Sapre
(1981) Lab. IC 221
(Bombay)
2. Kairbetta Estate v
Rajmanickam (1960)
2 LLJ 275 SC
Prohibition of Strikes Lecture no. 48
and Lock-out
Illegal Strikes and Lecture no. 49
Lockout
Justified Strike and Lecture no. 49
Lockout
Disciplinary Procedure – Lecture no. 50
Framing Chargesheet,
Suspension pending
inquiry, Domestic
inquiry
Power of Labour Court, 1. Indian Iron and Steel Lecture no. 51 and 52
Tribunal, National Co. Ltd. v Their
Tribunal in Case of Workmen AIR 1958
Discharge/Dismissal of SC 130
Workmen 2. P H Kalyani v. M/s
Air France, Calcutta
AIR 1963 SC 1756
3. Gujarat Steel Tubes
Ltd. v Gujarat Steel
Tubes Mazdoor
Sabha AIR 1980 SC
1896
 MODULE VI
MISCELLANEOUS PROVISIONS FROM ID ACT

No. of lectures – 3

TOPIC LEADING CASES LECTURE NO.

Transfer Anakpalia Cooperative Lecture no. 53
Agricultural and
Industrial Society ltd. v
Its Workmen (1962) 2
LLJ 621 SC
Notice of Change 1. Harmohinder Singh v Lecture no. 54
Kharga Canteen,
Ambala Cantt. AIR
2001 SC 2681
2. Tata Iron and Steel
Co. Ltd. V Workmen
of TISCO AIR 1972
SC 1917
Worker re-skilling Fund, Lecture no. 55
Unfair Labour Practices

MODULE VII
LAW RELATING TO SERVICE CONDITIONS
No. of lectures – 4

TOPIC LEADING CASES LECTURE NO.

Scope, Object, Lecture no. 56
Submission of Draft
Standing Orders
Conditions, Procedure Western India Match Co. Lecture no. 57
for Certification Ltd. v Workmen AIR
1973 SC 2650
Post-certification, Lecture no. 58
Duration and
Modification
Subsistence Allowance Lecture no. 59
 MODULE VIII
TRADE UNIONISM
No. of lectures – 5

TOPIC LEADING CASES LECTURE NO.

Trade Union – Lecture no. 60
Introduction, Definition,
Trade Dispute
Registration of Trade Lecture no. 60
Union
Powers of Registrar, Lecture no. 61
Registration and
Certificate, Cancellation
of Registration
Appeal, Privileges, Lecture no. 62
Negotiating Union
Trade Union Funds, Lecture no. 63
Members and Office-
holders, Disqualification
Adjudication of Lecture no. 64
Disputes, Dissolution

** The list of cases given is not exhaustive and is subject to change.

EVALUATION SYSTEM
Project + Viva - 30
End-Term Examinations - 70
RECOMMENDED TEXTBOOKS
1. O.P. Malhotra, Industrial Relations and Labour Laws (Excel Books)
2. S.C. Srivastava, Industrial Relations and Labour Laws (Vikas Publishing
House)
3. Dr. V.G Goswami, Labour and Industrial Law (Central Law Agency)
4. S.N. Mishra, Labour and Industrial law (Central Law Agency)