Nirma University

Institute of Law

Academic Year (2010-11)

B.A. LL.B. (Hons.) Programme
Semester-VI
Even Semester (Jan June, 2011)

Course : Labour Law

Course Code : 2 BAL 603

Course Module

Course Coordinator

Dr. Krishna Pal Malik

50

NIRMA UNIVERSITY
INSTITUTE OF LAW
B.A. LL.B (Hon) Programme
Semester VI (2010-11)

Teaching hours

LABOUR LAW (2BAL603)

= 88 (52 Hrs Lectures + 12 Hrs Clinical and + 24 Hrs Project)

(1) Objectives of the course :

Protection of labour is a constitutional mandate. A constitution inspired by the vision of social
justice is committed to the cause of upliftment of labour. Well balanced industrial development
leads to increased productivity which in turn is a factor of national progress. Labour makes
significant contribution in this respect. Labour is not a commodity, but a factor in production.
The basic principle behind the introduction of labour law is to maintain an amicable environment
between empower and employees. Various rights of labour are created through the series of
statutes i.e. right to payment of wages, right to receive minimum wages, right to strike, principle
for retrenchment, prohibition of child labour, abolition and regulation of contract labour, and
imposes duties on the employer to take care of Health, Safety, and welfare of the labour. It also
imposes duties on the employers to take care of their social security in all the terms. Above all, it
provides system for settlement by third party and also laid down the jurisdiction and power of the
adjudicating authorities, to make amicable settlement.
94% of the labour force is engaged in unorganized sector; undoubtedly this group has been
neglected for a long time but recent interpretations of Judiciary and policies framed by the
government has shown the concerned towards the welfare and their social security. In this
context, the study of labour law is not to be confined to mastering of the enactments and
regulations relating to the employment of the work force. 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.
(2) Syllabus :
UNIT- I. Introduction and Historical Development of labour law
1.1
Introduction
1.2
Historical development of labour laws
1.3
Labour law a separate class of law
1.4
The elements of labour laws
1.5
Codification of labour laws in India
1.6
Labour Commissionerate
Book references :
Raval and Malik : An introduction to labour law 1st Ed., Mahatma Gandhi Labour
Institute, Ahmedabad [Pages 1-21]
SK Mishra : Labour and Industrial Law of India, 3rd Ed. 2005, ALA Faridabad, [Pages 121]
51

S.N Mishra : Labour and Industrial Laws, 25th Ed. 2009, Central Law publication,
Allahabad, [Pages 1-15]
Case law references :
Chintaman Rao v. State of MP, AIR 1958 SC 388

Shanker Balaji v. State of Maharashtra, AIR 1962 SC 517

Local Government v. Nausarvanji, AIR 1933 Nag 283

Web References :
Labour Ministry Government of India, http://labour.nic.in

ILO Conventions and Recommendations- www.ilo.org.

UNIT- II. International Labour Organisation (ILO)

2.1
Introduction of the ILO
2.2
Aims and Objectives of the ILO
2.3
Constitution and organs of the ILO
2.4
Ratification of ILO Conventions
Book references :
Raval and Malik : An introduction to labour law 1st Ed., Mahatma Gandhi Labour Institute,
Ahmedabad [Pages 22-43]
Web References :
Labour Ministry Government of India, http://labour.nic.in
ILO Conventions and Recommendations- www.ilo.org.
UNIT- III. Constitutional Protection
3.1
Employment and Reservation policy
3.1.1 Reservation at the time of appointment
3.1.2 Reservation in promotion
3.2
Protection against exploitation
3.2.1 Beneficial interpretation of labour rights under Article 21
3.2.2 Prohibition of traffic in human beings and forced labour [Article 23]
3.2.3 Prohibition of employment of children in factories, etc [Art. 24]
3.3
Directive Principles of the State Policy
3.3.1 Certain principles of policy to be followed by the State [Art. 39]
3.3.2 Equal justice and free legal aid [Art. 39A]
3.3.3 Right to work in certain cases [Art. 41]
3.3.4 Just and humane conditions of work and maternity relief [Art. 42]
3.3.5 Living wage, etc., for workers [Art. 43]
3.3.6 Participation of workers in management of industries [Art. 43A]
Book references
Raval and Malik : An introduction to labour law 1st Ed., Mahatma Gandhi Labour
Institute, Ahmedabad [Pages 54-80]
52

 JN Pandey : The Constitutional law of India, Central Law Agency, Allahabad

Case law referred :
Excel Wear v. UOI, AIR 1979 SC 25

Abhilash Textiles v. Rajkot Municipal Corporation, AIR, 1988 Guj 57

Air India Statutory Corporation v. United Labour Union, AIR 1997 SC 645

All India Reserve Bank Employees Association v. RBI, AIR 1966SC 305

B.V Kappor v. State of Tamil Nadu, (2001) 7 SCC 231

Bailey v. Alabama, (1910) 219 US 219 : 55 Law Ed. 191

Bandhua Mukti Morcha v. UOI, AIR 1984 SC 802

Bijoy Cotton Mills v. State of Ajmer, AIR 1955 SC 33

Deena v. UOI, AIR 1983 SC 1155

DPL Narain v. State of UP, AIR 1954 SC 224

Fertilizer Corporation Kamgar Union v. UOI, AIR 1981 SC 344

Gujarat Steel Tubes Ltd. v. Mazdoor Sabha GST, AIR 1980 SC 1896

LIC of India v. Consumer Education and Research Centre, AIR 1995 SC 1811

Mangalore Ganesh Beedi & Allied Beedi Factories Workers Association v. State of
Karnataka, (2003) 7 ILD 752 (Kart)
MC Mehta v. State of Tamil Nadu, (1991) 1 SCC 283

MC Mehta v. Tamil Nadu, 1996 (6) SCC 756 : AIR 1997 SC 699

MC Mehta v. UOI, (1983) 1 SCC 571

Mor Modern Co-operative Transport Society Ltd. v. Financial Commissioner, (2002) 6

SCC 269
Narmada Bachao Andolan v. UOI, (2000) 10 SCC 664

Peoples Union for Democratic Rights v. UOI, (1982) 3 SCC 235

People's Union for Democratic Rights v. UOI, AIR 1982 SC 1473

Pratap Singh v. State of Punjab, AIR 1964 SC 72

Pt. Parmannd Kumar v. UOI, AIR 1989 SC 20

Ranjit Singh v. UT Chandigarh, AIR 1991 SC 2296

S. Vasudevan v. S.D. Mital, AIR 1962 Bom 53

Sanjit Roy v. State of Rajasthan, AIR 1983 SC 328

Subhas Kumar v. State of Bihar, AIR 1991 SC 420

Vasudevan v. Mittal, AIR 1962 Bom 53

Web References :
Labour Ministry Government of India, http://labour.nic.in

ILO Conventions and Recommendations- www.ilo.org.

UNIT -IV. Industrial Relation Legislations

4.1
The Trade Unions Act, 1926
53

4.1.1
4.1.2

Registration of Trade Union

Rights and Liabilities of a Registered Trade Union

4.2

The Industrial Employment (Standing Orders) Act, 1946

4.2.1 Necessity of Standing Order
4.2.2 Certification of Standing Orders
4.2.3 Modification of Standing Order
4.2.4 Model Standing Order
4.3
Industrial Dispute Act, 1947
4.3.1 Object and applicability of the Act
4.3.2 Definition of Industry, Industrial Dispute, Workmen and Public Utility
Service
4.3.3 Authorities under Industrial Dispute Act, 1947
4.3.4 Duties and jurisdiction of adjudicating authorities
4.3.5 Procedure and power of authorities
4.3.6 Voluntary reference of disputes to Arbitration
4.3.7 Lay-off, Retrenchment, and Closure
4.3.8 Strike and lockout
4.3.9 Unfair Labour Practices
4.4
Bombay Industrial Relations Act, 1946
4.4.1 Applicability and scope of the BIR Act
4.4.2 Salient features of the BIR Act
Case law referred :
Bangalore Water Supply and Sewage Board v. A. Rajappa, AIR 1978 SC 548

Bank of India v. T S Kelawala, (1990) 4 SCC 744 followed in Syndicate Bank v. K

Umesh Naik (1994) 5 SCC 572 = AIR 1995 SC 319
Bombay Union of Journalist v. The Hindu, (1961)

Buckingham Mills Ltd V. Workmen, 1953 I LLJ 181 SC

Chandrakant Tukaram Nikam v. Municipal Corporation Ahmedabad, (2002) I LLJ 842

(SC)
DN Banerjee v. PR Mukerjee, AIR 1953 SC 58

Express Newspaper v. Workmen, 1962 II LLJ 227 SC

Feroz Din v. West Bengal, 1960-I LLJ 244 SC

Gopala Rao v. Public Prosecutor, (1970) II LLJ 69

HAL Employees Union v. Presiding Officer 1996 LLR 673 (SC)

High Court of Gujarat v. Gujarat Kishan Mazdoor Panchayat, (2003) 4 ILD 570 (SC)

Keraleea Ayurveda Samajam Hospital v. Workmen, (1979) I LLJ 115 (Kerala)

ML Kantarao V. Azam Jahi Mills Ltd. Waragal, 1970 lab IC 585 (AP)

Northbook Jute Co. Ltd v. workmen (1960 I LLJ 580 SC

PNB Ltd. Workmen 1959, II LLJ 666 SC

54

Shahadara S Light Railway Co. v. Workers Union, AIR 1969 SC 513

State of Bombay v. Bombay Hospital Mazdoor Sabha, AIR 1960 SC 610 a

State of Maharashtra v. Labour Law Practitioners Association, (1998) 2 SCC 688

Sumer Chand v. Labour Court Ambala, (1992) I LLJ 394 (P&H)

Suresh Chand Mathe v. Jiwaji University, Gwalior, (1994) II LLJ 462 (MP)

Syndicate Bank v. K Umesh Naik, (1994) 5 SCC 572 = AIR 1995 SC

HMT Ltd. v. HMT Head Office Employees Assn, AIR 1997 SC 585

Book references :
Raval and Malik : An introduction to labour law 1st Ed., Mahatma Gandhi Labour
Institute, Ahmedabad [Pages 195-247]
SK Mishra : Labour and Industrial Law of India, 3rd Ed. 2005, ALA Faridabad, [Pages
22-161, 393-424,483-497]
S.N Mishra : Labour and Industrial Laws, 25th Ed. 2009, Central Law publication,
Allahabad, [Pages 16-324,]
UNIT - V.
5.1

Law Pertaining to Wages

The Payment of Wages Act, 1936
5.1.1 Applicability
5.1.2 Responsibility, fixation of wage period, time and mode of payments
5.1.3
5.1.4

Rule of Deduction
Claims arising out of unauthorised deduction and delay in payment of
wages
5.1.5 The Payment of Wages (Amendment) Act, 2005
5.2
The Minimum Wages Act, 1948
5.2.1 Applicability of the Act
5.2.2 Fixing of minimum rates of wages
5.2.3 Claims and procedure thereof
5.2.4 Penalties and procedure
5.3
Payment of Bonus Act, 1965
5.3.1 Applicability of the Act
5.3.2 Eligibility and payment of bonus
5.4
Salient feature of the Equal Remuneration Act, 1976
Book references :
Raval and Malik : An introduction to labour law 1st Ed., Mahatma Gandhi Labour
Institute, Ahmedabad [Pages 151-194]
SK Mishra : Labour and Industrial Law of India, 3rd Ed. 2005, ALA Faridabad, [Pages
341-392, 562-576]
S.N Mishra : Labour and Industrial Laws, 25th Ed. 2009, Central Law publication,
Allahabad, [Pages 571-644]
55

Cases law referred :

Air India Cabin Crew Association v. Yeshawinee Merchant, (2003) 8 ILD 1 (SC)

Bandua Mukti Morch v. UOI, AIR 1984 SC 802

Bhikusa Yamasa Kshatriya v. Sangamner Akola Taluka Beedi Kamdar Union, AIR 1963 SC
806
Bijay Cotton Mills Ltd. v. State of Ajmer, AIR 1955 SC 33 also see Sanjit Roy v. State of
Rajasthan, AIR 1983 SC 328
DPL Narain v. State of UP, AIR 1954 SC 224; affirmed in AIR 1974 SC 366

Haryana State Co-operative Land Development Bank Ltd. v. Haryana State Co-operative
Land Development Banks Employees Union, (2004) 14 ILD 576 (SC)
Haryana State Co-operative Land Development Bank Ltd. v. Haryana State Co-operative
Land Development Banks Employees Union, (2004) 14 ILD 576 (SC)
Kamani Metals & Alloys Ltd. v. Workmen, AIR 1967 SC 1175

KLJ Plastic v. Labour Court III, Hyderabad 2002 (95) FLR 966 (AP HC)

Peoples Union for Democratic Rights v. UOI, AIR 1982 SC 1099

People's Union for Democratic Rights v. UOI, AIR 1982 SC 1473

State of Gujarat v. Gopal Glass Works Pvt. Ltd., 2001 Cr.L.R. (Guj) 611 : 2001 (4) GCD
3014
State of Gujarat v. Joshi Formulabs Pvt. Ltd., 2001(1) GLH 642 : 2001(3) GLR 2726

State of Gujarat v. T.P. Steel & Rolling Mills Pvt. Ltd., Botad, 1995 (2) GCD 1 : 1995 (2)
GLH 902
U. Unichoyi v. State of Kerala, AIR 1962 SC 12

Workmen v. Management of Reptakos Brett & Co. Ltd., AIR 1992 SC 504

Standard Vacuum Refining Co. of India v. Its Workmen, AIR 1961 SC 895

Y.A. Mamarde v. Authority under the Minimum Wages Act, (1972) 2 SCC 108

Unit- VI. Social Security

6.1
The Employees' Compensation Act, 1923
6.1.1 Applicability of the Act
6.1.2 Liability of employer to pay compensation
6.1.3 Calculation of compensation
6.1.4 Commissioners, their powers and procedure
6.1.5 The Workmen' Compensation (Amendment) Act, 2009
6.2
The Employees State Insurance Act, 1948
6.2.1 Applicability of the Employees Estate Insurance Act,
6.2.2 Authorities constituted under the Act
6.2.3 Employer/ Employees Contributions
6.2.4 Employees Benefits
6.2.5 Adjudication of dispute and claims
6.2.6 Offences and penalties
56

6.3

6.2.7 Obligations of employers

The Employees Provident Funds and Miscellaneous Provisions Act, 1952
6.3.1 Applicability
6.3.2 Authorities constituted under the Act
6.3.3 Contributions and matters which may be provided for in the scheme

6.3.4 Employee Provident Fund Scheme

6.3.5 Employees Deposit-Linked Insurance Scheme
6.3.6 Employees Pension Scheme
6.3.7 Employees Provident Funds Appellate Tribunal
6.4
The Maternity Benefit Act, 1961
6.4.1 Applicability of maternity benefit law (State and Center Government
employees)
6.4.2 Rights of Maternity benefits
6.4.3 Penalties and procedure thereof
6.5
Payment of Gratuity Act, 1972
6.5.1 Applicability
6.5.2 Payment and determination of Gratuity
6.5.2 Penalties and procedure
6.5.3 The Payment of Gratuity (Amendment) Act, 2009
Cases law references :
1.
Dr. Navinlal K. Shah v. Union of India (2004) 1 Mah LJ 984: 2004-I LLJ 632 (Bom HC)
2.
Mukunnd Construction Company v. Regional P.F. Commissioner, 2007 LLR 150 (Gau
HC)
3.
Shyam Singh v. Employees State Insurance Corporation, Kanpur, 2009 LLR 314 (ALL
HC)
4.
Central Provident Fund Commissioner v. Modern Transportation Consultancy service
(Private Ltd) 2009 LLR 324 (SN) (Cal HC)
5.
Vatan Press, Sudarma, Jaipur v. Regional Provident Fund Commissioner/Assistant
Provident Fund Commissioner, Employees provident Fund Organization, 2009 LLR 780.
6.
Employees State Insurance Corporation v. Shri Textile Mills , Kashmir road, Amritsar,
2009 LLR 559 (SN) (P&H HC)
7.
Bhaskaran v. Asstt Director, Employees State Insurance Corporation, 2007 LLR 1061
(Ker HC)
8.
Regional Director, Employees State Insurance Corporation v. Tulsi Chambers Premises
Cooperative Society, 2008 LLR 362 (Bom HC)
9.
Employees State Insurance Corporation v. Arvind Mills LTd. 2009 LLR 744 (Guj HC)
10. Madhya Pradesh State Electricity Board v. S.K .Yadav, 2009 LLR 814 (SN) (SC)
11. Ambur Co-operative sugar mills ltd. V. Ambur Cooperative sugar Mills National workers
Union, 2009 LLR 813 (Mad HC)
12. Block development Officer, Pragpur v. Yoginder Kumar, 2008 LLR 763 (HP HC) Prashant
Swarup v. Union ofIndia, 2009 LLR 159 (Jhar HC)
57

13.

A.M.Sampath v. Bank ofbaroda, rep. its chairman & Masnageing Direcotr, Mumbai, 2009
LLR 534 (Mad HC)
14. Management Seyadu Beedi Company, Tirunelveli v. Appellate Authority under payment of
Gratuity Act, 2009 LLR 420 (Mad HC)
Book References:
1. Raval and Malik : An introduction to labour law 1st Ed., Mahatma Gandhi Labour
Institute, Ahmedabad [Pages 81-150]
2. H.L. Kumar, Labour and Industrial Law Vol 1& 2, Universal Law Co. Pvt. Ltd. Delhi,
Ed.2004.
3. C.B. Memoria and Satish Memoria: Dynamics of industrial Relations, , Himalaya Publishing
House-Mumbai 2007 Part VIII.
4. Dr. V.G. Goswani: Labour and Industrial law, Central Law Agency Allahabad, 2005 Part I,
V, VIII.
5. KM Pillai: Labour and Industrial Law, Allahabad Law Agency, Faridabad, Haryana, 2005
Part II.
6. SN Mishra: Labour and Industrial Law, Central Law Publications, Allahabad, 2004, Part IV,
V, XIV.
7. HL Kumar: Labour problems and remedies, Universal Book Traders, Delhi, 2006.
Prescribed Legislation/Journals :
1. The Workmens Compensation Act, 1923
2. The Employee State Insurance Act, 1948
3. The Maternity Benefit Act, 1961
4. Indian Labor Year Book- Labour Bureau, Govt. of India.
5. Labour Law Journal, Chennai
Report of Commissions and Committees :
1. Reports of National Commission on Labour 1969 and 2002: Academic Foundation New
Delhi, 2003
2. ILO Conventions and Recommendations- www.ilo.org.
3. Labour Ministry www.labour.nic.in
4. ESI Corporation: www.esic.nic.in
Unit- VII. Labour Welfare, Safety and Health
7.1
The Factories Act, 1948
7.1.1 Introduction and concepts
7.1.2 The inspecting staff
7.1.3 Provisions relating to health
7.1.4 Provisions relating to safety of the workers
7.1.5 Provisions relating to hazardious processes
7.1.6 Provisions relating to welfare
7.1.7 Working hours, and Annual leave with wages
7.2
Salient feature of the Plantation Labour Act, 1951
7.3
Salient feature of the Mines Act, 1952
58

7.4
7.5

Salient feature of the Motor Transport Workers Act, 1961

Salient feature of the Bombay Shops and Establishment Act, 1948

Cases:
1. Arun Kumar Bali v. Government of National capital Territory of Delhi (2002) LLR 359
2. Container Corporation of Infia Ltd. V. Lt. Governor, Delhi (2003) 98 FLR 653: 2002
LLR 1068
3. Gopal Krishnan v. Kochin Port Trust (2003) 3 KLT 9812004) II LLJ 227
4. Leela v. State ofKeral (2004) 102 KLT 207
5. H.K.Kala v. State ofM.P. 2008 LLR 1039 (MP HC)
6. 5, M.P.Housing Board v. Jyoti Chitins 2008 LLR 1036 (MP HC)
7. Bishops School, Ranchi v. state of Bihar, (Now Jharkhand) 2009 LLR 96 (Jhar HC)
8. Ravi Shankar Sharma v. State ofRajasthan 1993 L.I.C. 987 (Raj)
9. S M.Datta v. State of Gujarat 2001 AIR SCW 3133
10. Alembic Chemicals Work Ltd. Vs. Their Workmen, AIR 1961 SC 651.
11. The Clothing Factory National Workers Union Avadi, Madras Vs. UOI & ors, AIR 1990
SC 1383.
12. Mishr Dhatu Nigam Ltd. Vs. M Venkataih and ors, 2003 SCC (L&S) 1066.
13. Levesly Vs. Thomas Fifth and John Brown Ltd, 1953 All ER 866.
14. State Bank of India Vs Central Government Labour Court, AIR 1985 SC 1034
15. Rohtash Industries Ltd Vs Ramlakhan Singh and Ors, AIR 1978 SC 849
Book References:
1. Raval and Malik : An introduction to labour law 1st Ed., Mahatma Gandhi Labour
Institute, Ahmedabad [Pages 295-350]
2. C.B. Memoria and Satish Memoria: Dynamics of industrial Relations, Himalaya
Publishing House-Mumbai 2007 Part VII, VIII.
3. Dr. V.G. Goswani: Labour and Industrial law, Central Law Agency Allahabad, 2005,
Part VII.
4. KM Pillai: Labour and Industrial Law, Allahabad Law Agency, Faridabad, Haryana,
2005 Part III
5. SN Mishra: Labour and Industrial Law, Central Law Publications, Allahabad, 2004, Part
IX
6. HL Kumar: Labour problems and remedies, Universal Book Traders, Delhi, 2006.
7. Giri V V, Labour Problems in Indian Industry, Asian Publishing House, Bombay, 1965
Prescribed Legislation/Journals
1. Indian Labour year Book- Labour Bureau, Govt. of India.
2. ILO year book- ILO publications.
3. Labour Law Journal, Chennai
4. The Factories Act, 1948
Report of Commissions and Committees
Reports of National Commission on Labour 1969 and 2002: Academic Foundation New
Delhi, 2003
ILO Conventions and Recommendations- www.ilo.org.
59

Labour Ministry www.labour.nic.in

UNIT -VIII. Legal Protection to Marginalised Groups

8.1
The Contract Labour (Regulation and Abolition) Act, 1970
8.2
The Bonded Labour System (Abolition) Act, 1976
8.3
Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979
8.4

The Child Labour (Prohibition and Regulation) Act, 1986

8.4.1 Magnitude of problem
8.4.2 Prohibition of employment of children in certain occupations and
processes
8.4.3 Conditions of work at establishment
8.4.4 Penalties under this Act
8.4.5 Government Policies to eliminate child labour
8.4.6 Supreme Court guidelines issued in M.C. Mehta v. State of Tamil Nadu,
AIR 1997 SC 699
8.5
Protection against sexual harassment at working place
8.5.1 Vishakha v. State of Rajasthan, AIR 1997 SC 3011
Case law referred :
Air India Statutory Corporation v. United Labour Union, AIR 1997 SC 645

Bandhua Mukti Morcha v. UOI, AIR 1984 SC 802

Bhandhua Mukti Morcha v. UOI, (1997) 10 SCC 549 : AIR 1997 SC 2218

Bharat Petroleum Corporation Ltd. v. Mumbai Shramik Sangha, AIR 1998 SC 720

Catering Cleaners of Southern Railway v. UOI, AIR 1987 SC 777

Deena Nath v. National Fertilizer Ltd., AIR 1992 SC 457

F.C.I. Class IV Emp. v. Union of F.C.I., 1994 II Labour Law Journal 102 (P&H);

Feroze Sons v. B. C. Basu, (1979) 54, FJR 158 (Cal)

Gammon India Ltd. v. UOI, (1974) 1 SCC 596 : 1974 SCC (L & S) 252

Gujarat Electricity Board, Thermal Power Station, Ukai v. Hind Mazdoor Sabha, AIR 1995
SC 1983
H.C. Bathra v. Union of India, 1976 Lab IC 1199 (Gauhati)

Indane Bottlign Plant Sarmika Congress v. Indian Oil Corporation, 1996 (1) L.L.N. 665 (SC)

Indian Iron and Steel Co. Ltd. v. State of Bihar, (1987) II L.L.J. 333 at p. 335 (HC)

International Airports Authority Employees Union v. Airport Authority of India, 1997 (3)
L.L.N. 78 (SC)
J.P. Gupta v. Union of India, 1981 Lab IC 641 (Pat HC)

Labourers Working on Salal Hydro Project v. State of J & K, (1983) 2 SCC 181

M.C. Mehta v. State of Tamil Nadu, (1996) 6 SCC 756 : AIR 1997 SC 699

M.C.Mehta v. State of Tamil Nadu (1991) 1 SCC 283

60

Padam Prasad Jain v. State of Bihar, 1978 Lab IC 145

Peoples Union for Democratic Rights v. UOI, (1982) 3 SCC 235 : AIR 1982 SC 1473

Philips Workers Union v. State of Maharashtra, (1987) II LLI 91 (HC)

R.K. Panda v. Steel Authority of India, (1994) 5 S.C.C. 304

Sankar Mukherjee v. UOI, AIR 1990 SC 534

Shashi Kant Upadhayay v. National Thermal Power Corporation Ltd., (1995) 71 F.L.R. 544
(All]
Standard Vacuum Refining Co. of India Ltd. v. Its Workmen, AIR 1960 SC 948,

State of Gujarat v. Vogue Garments, (1983) 1 LLJ 255: 1983 Lab IC 129 (Guj HC)

Steel Authority of India v. National Union Water Front, AIR 2001 SC 3527 : (2001) 7 SCC 1

Sylhet Co-operative Central Bank Ltd, v. Dhirendra Nath De, AIR 1958 Bom 507: 1958 Nag
LJ 373
Vegoils Pvt. Ltd. v. Workmen, (1971) 2 SCC 724

Waheed Hasan Khan v. State, AIR 1966 Bom 299

Article Reference :
Reported by Human Rights Committee of UN - www.antislavery.org, 14 Oct, 2006
Jon Spaull : Facts of Bonded labour, India, website, Oct, 2006
Book References:
Raval and Malik : An introduction to labour law 1st Ed., Mahatma Gandhi Labour
Institute, Ahmedabad [Pages 295-350]
SK Mishra : Labour and Industrial Law of India, 3rd Ed. 2005, ALA Faridabad, [Pages
559-611]
C.B. Memoria and Satish Memoria: Dynamics of industrial Relations, Himalaya
Publishing House-Mumbai 2007 Part VII, VIII.
Dr. V.G. Goswani: Labour and Industrial law, Central Law Agency Allahabad, 2005,
Part VII.
KM Pillai: Labour and Industrial Law, Allahabad Law Agency, Faridabad, Haryana,
2005 Part III
SN Mishra: Labour and Industrial Law, Central Law Publications, Allahabad, 2004, Part
IX
UNIT- IX. Unorganised Labour
9.1
Meaning of unorganised labour
9.2
Categorisation of unorganised labour
9.3
Home based workers
9.4
Report of Labour Commission on Home Based Workers
9.5
Agricultural workers - Government Scheme
9.6
Report of Labour Commission on social security of unorganised sector
9.7
Legislative protections
9.8
National Rural Employment Guarantee Act, 2005
61

9.9
Unorganized Workers' Social Security Act, 2008
Book References:
Raval and Malik : An introduction to labour law 1st Ed., Mahatma Gandhi Labour
Institute, Ahmedabad [Pages 268-387]
Article References:
An article published in frontline Magazine organised the unorganised
Report reference :
Report of the first National Commission on Labour (1966-69)

The National Commission on Rural Labour (NCRL: 1987-91)

Report of the National Commission on Labour, Government of India, 2002

Web references :
http://www.india_seminar.com

SUGGESTED TEST BOOK :

Raval & Malik

: An Introduction to Labour Laws; 1st Ed. 2008, Published by Mahatma

Gandhi Labour Institute, Ahmedabad

REFERENCE BOOKS :
1. Sumit Malik : P.L. Malik's Industrial Law (in 2 Volumes), 22nd Ed. 2010, Eastern Book Co.
Lucknow
2. SK Mishra : Labour and Industrial Law of India, 3 rd Ed. 2005, ALA Faridabad, [Pages
22-161, 393-424,483-497]
3. SN Mishra : Labour and Industrial Law, Central Law Publications, Allahabad, 2004

62

(3) Lesson/Teaching Plan :

S.N. Date

Unit

Topic and Sub Topic

6-1-11

Introduction of labour law; Historical development of labour law;

Labour law a separate class of law; Codification of labour law in
India

7.1.11

The elements of labour law; Constitution of Labour

Commissionerate

10-1-11

II

International Labour Organisation Introduction of the ILO, Aims and Objectives of the ILO;
Constitution and organs of the ILO

11.1.11

II

Ratification Of ILO Conventions, discussion on core ILO

Conventions

13.1.11

III

Employment and Reservation policy - Reservation at the time of

appointment; Reservation in promotion

17.1.11

III

Protection Against Exploitation

Beneficial interpretation of labour rights under Article 21;
Prohibition of traffic in human beings and forced labour [Art.23];
Prohibition of employment of children in factories, etc [Art. 24]

18.1.11

III

Directive Principles of the State Policy

Certain principles of policy to be followed by the State [Art. 39];
Equal justice and free legal aid [Art. 39A]; Right to work in certain
cases [Art. 41] ; Just and humane conditions of work and maternity
relief [Art. 42]; Living wage, etc., for workers [Art. 43];
Participation of workers in management of industries [Art. 43A]

20.1.11

IV

The Trade Unions Act, 1926

Trade Union Movement, Kinds of trade unions; Special protection
protected workman; Registration of Trade Union; Rights and
Liabilities of a Registered Trade Union

21.1.11

IV

The Industrial Employment (Standing Orders) Act, 1946 Necessity of Standing Order; Role of bye-laws and its implication;
Certification of Standing Orders

10

24.1.11

IV

Modification of Standing Order AND Model Standing Order

11

25.1.11

IV

Industrial Dispute Act, 1947- Object and applicability of the Act,

Limitation, and nature; Definition of Industry, Industrial Dispute,
Workmen and Public Utility Service

12

27.1.11

IV

Authorities under Industrial Dispute Act, 1947 - Bilateral

Settlement; Third party intervention - Conciliation & Arbitration

13

28.1.11

IV

Labour Adjudicating Authorities - Jurisdiction; Procedure; Powers

14

31.1.11

IV

Lay-off, Retrenchment, and Closure

63

15

1.2.11

IV

Law Relating to Strike and lockout and Unfair Labour Practices

16

3.2.11

IV

Applicability and scope of the BIR Act, 1946

17

4.2.11

IV

Salient features of the BIR Act

18

7.2.11

Applicability of the Payment of Wages Act, 1936 and recent

amendments.

19

8.2.11

Responsibility, fixation of wage period, time and mode thereof, &

Rule of Deduction

20

10.2.11

Claims arising out of unauthorised deduction and delay in payment

of wages

21

11.2.11

The Minimum Wages Act, 1948 - Applicability Of The Act and

concepts

22

14.2.11

Fixing of minimum rates of wages

23

15.2.11

Claims and procedure thereof & Penalties and procedure under the
Minimum Wages Act, 1948

24

17.1.11

Payment of Bonus Act, 1965 - Applicability of the Act; Eligibility

and Payment of Bonus

25

18.2.11

The Equal Remuneration Act, 1976

MID SEMESTER EXAM and INTERNSHIP

26

28.3.11

VI

The Employees Compensation Act, 1923 applicability of the act,

liability of the employer to pay the compensation
Commissioners their powers and procedure

27

29.3.11

VI

The Workmens compensation (Amendment) Bill 2009

28

31.3.11

VI

The Employees State Insurance Act, 1948

29

1.4.11

VI

The Employees Provident Funds and Miscellaneous Provisions Act,

1952

30

4.4.11

VI

The Maternity Benefit Act, 1961

31

5.4.11

VII

Introduction of the topic The Factories Act, 1948; Basic concepts;

Applicability of the Act; Nature and scope of the act in relation to
Labour welfare, Safety and Health; Meaning of Factory

32

7.4.11

VII

Definitions: Worker Child, Adolescent, The inspecting Staff,

Occupier of the factory, Duties of the manufacturer

33

8.4.11

VII

Provisions relating to health and safety of workers under the Act

34

11.4.11

VII

Provisions relating to hazardous processes

35

14.4.11

VII

Provisions relating to welfare, working hours, annual leave with

wages;

36

15.4.11

VII

Salient features of Plantation Labour Act, 1951; Features of Mines

Act, 1952 and provisions of Labour welfare, safety and Health

64

37

18.4.11

VII

Salient features of Motor Transport Workers Act, 1961, salient

features of Bombay Shops and Establishment Act, 1948 and the
idea of social and labour welfare.

38

19.4.11

VIII

The Contract Labour (Regulation and Abolition) Act, 1970 - I

39

21.4.11

VIII

The Contract Labour (Regulation and Abolition) Act, 1970 - II

40

22.4.11

VIII

Law relating to outsourcing

41

25.4.11

VIII

The Bonded Labour System (Abolition) Act, 1976

42

26.4.11

VIII

Inter-State Migrant Workmen (Regulation of Employment and

Conditions of Service) Act, 1979

43

28.4.11

VIII

The Child Labour (Prohibition and Regulation) Act, 1986 Prohibition of employment of children in certain occupations and
processes, Conditions of work at establishment, Penalties under this
Act

44

29.4.11

VIII

Magnitude of problem relating to child labour - Supreme Court

guidelines issued in M.C. Mehta v. State of Tamil Nadu, AIR 1997
SC 699; Government Policies to eliminate child labour

45

2.5.11

VIII

Protection against sexual harassment at working place - Vishakha v.

State of Rajasthan, AIR 1997 SC 3011

46

3.5.11

VII

Payment of Gratuity Act, 1972

47

5.5.11

IX

Law relating to Unorganised sector Meaning of unorganised labour, Categorisation of unorganised

labour - Home based workers- Report of Labour Commission on
Home Based Workers, Agricultural workers - Government Scheme,
and Legislative protections

48

6.5.11

IX

National Rural Employment Guarantee Act, 2005

49

9.5.11

IX

Report of Labour Commission on social security of unorganised

sector - Unorganized Workers' Social Security Act, 2008

50

10.5.11

Any recent development

51

12.5.11

Revision

52

13.5.11

Revision

(4) MID SEMESTER AND BLOCK SEMESTER SYLLABUS :

Unit I, II, III, IV, & V

65

(5) CLINICAL EXERCISE :

Tutorial
Number

Date

Type of Exercise

Method

1.

First week of
January

Case analysis [landmark judgment]

Discussion

Second week of
January

Distribution of cases Discussion on how to solve

problems and how to analyze case

Teaching and
discussion

Third week of
January

Problem solving - Exercise

Practical
exercise

Fourth week of
January

T.A.-2 case analysis-summary of

case(written submission)
Presentation and viva

Case analysis
Individual
assignment

First week of
February

Declaration of T.A-1. Marks

Discussion of cases, articles
relevant to subject topics

Discussion

Second week of
February

Term Assignment -II

Problem Solving

T.A. exam

Third week of
February

T.A.-2 case analysis-summary of

case(written submission)
Presentation and viva

Case analysis
Individual
assignment

First week of
April

Discussion : Case laws on The

Employees Compensation Act,
1923

Second week of
April

T.A.-3 MCQ

10

Third week of
April

Declaration of T.A. 3 marks

Case discussion

11

Fourth week of
April

Problems solving

12

First week of
May

Discussion of land mark judgments

13

Second week of
May

Revision of Syllabus

Remarks

QUIZ (written)

66

(6) Term Assignments Time Table :

Course: Labour Law
Course Code: 2 BAL603
TA.
NO.

Assignment

Date

Method

Marks
Total 100

1.

Problem solving

Second week of
January

Legal Problems solving

written test

30

2.

Case Analysis1

Second week of
February

Individual
To write summary of the
case analysis (10)
Presentation (10)
Class Participation (10)

30

Multiple Choice
Questions

Second week of
April

MCQ Quiz

40

The students are directed to submit their assignment on time. The late submission of
assignments will not be entertained except genuine reason & with the prior permission
of the course teacher.

The list of the cases will be given to the students in the second week of the February for the
assignment on case law analysis and the same should be submitted in the second week of the April. The
students should start working on it from January itself and in the case of any query they are advised to
meet the course teacher during the tutorial classes.

67

(7) Project topic and allotment of duration for submission of project :

S.
N.

Roll No.

07BAL00
4

Implementation of Minimum Wages Act

07BAL02
4

Legal deductions under the Payment of Wages Act

07BAL04
5

Fixation of Minimum Wages

08BAL00
1

Law relating to Contract Employment

08BAL00
2

Protection against exploitation under Article 23 of the

Constitution

08BAL00
3

Constitution and Objectives of ILO

08BAL00
4

The Industrial Employment (Standing Orders) Act, 1946

08BAL00
5

Payment of gratuity in India

08BAL00
6

Understanding of disability and compensation under the

Employees Compensation Act, 1923

1/4/11 to 14/4/11

10

08BAL00
7

Law relating to computation of compensation under the

EC Act, 1923

1/4/11 to 14/4/11

11

08BAL00
8

Employees Compensation Commissioner and its function

12

08BAL01
2

Adjudication of dispute and claims under the ESI Act,

1948

13

08BAL01
3

Authorities constituted under the ESI Act, 1948

14

08BAL01
4

Benefits of employees under the ESI Act, 1948

15

08BAL01
5

The Employees Provident Fund Scheme

16

08BAL01
6

The Employees Pensions Fund Scheme

17

08BAL01
7

The Employees Deposit-linked-insurance Fund Scheme

18

08BAL01
8

Authorities constituted under the EPF Act with their

powers and functions

Project Topic

Duration of
Project
1/4/11 to 14/4/11
1/4/11 to 14/4/11
1/4/11 to 14/4/11
1/4/11 to 14/4/11
1/4/11 to 14/4/11
1/4/11 to 14/4/11
1/4/11 to 14/4/11
1/4/11 to 14/4/11

1/4/11 to 14/4/11
1/4/11 to 14/4/11
1/4/11 to 14/4/11
1/4/11 to 14/4/11
1/4/11 to 14/4/11
1/4/11 to 14/4/11
1/4/11 to 14/4/11
1/4/11 to 14/4/11
68

19

08BAL01
9

The Maternity Benefit Act, 1961

20

08BAL02
0

Comparative Study of maternity benefit in India : Central

and State Employees, Organized and Unorganized
Sectors

21

08BAL02
1

Authorities to implement Maternity Benefit Act

22

08BAL02
2

Ratification of ILO Conventions & Legal Status in India

23

08BAL02
3

Salient features of the Payment of Wages Act, 1936

24

08BAL02
5

Claim and procedure under the Payment of Wages Act,

1936

25

08BAL02
7

Constitutional validity of the Minimum Wages

26

08BAL02
8

Law relating to overtime in India

27

08BAL03
0

Adjudication under the Minimum Wages Act

28

08BAL03
1

Law relating to Payment of Bonus

29

08BAL03
2

Law relating to Equal Remuneration

30

08BAL03
4

Judicial trend on Equal Remuneration

31

08BAL03
5

Elimination of Child Labour

32

08BAL03
6

Law relating to registration of Trade Union

33

08BAL03
7

Certification and modification of Standing Orders

34

08BAL03
8

Model standing order in the State of Gujarat

35

08BAL03
9

Salient features of Industrial Dispute Act, 1947

36

08BAL04
0

Provisions relating to approved unions under BIR Act

37

08BAL04
1

Concept of industries under the ID Act

38

08BAL04

Authorities constituted under the ID Act

1/4/11 to 14/4/11
1/4/11 to 14/4/11

5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
5/1/11 to 22/1/11
21/1/11 to 9/2/11
21/1/11 to 9/2/11
69

2
39

08BAL04
3

Adjudicating authorities under the ID Act

21/1/11 to 9/2/11

40

08BAL04
4

Contemporary provisions of Arbitration under ID Act and

the Arbitration and Conciliation Act

41

08BAL04
5

Law of relating to Lay Off

42

08BAL04
6

Law of relating to Retrenchment

43

08BAL04
7

Law of relating to Closure

44

08BAL04
8

Law relating to strike and Lock-out

45

08BAL04
9

Applicability of Labor Laws in SEZ

46

08BAL05
0

Law relating to notice of change and illegal change

under ID Act

47

08BAL05
1

Unfair Labour Practices

48

08BAL05
2

Authorities constituted under the Bombay Industrial

relation Act

21/1/11 to 9/2/11

49

08BAL05
3

Contemporary provisions relating to Strike under ID Act

and BIR Act

21/1/11 to 9/2/11

50

08BAL05
4

Contemporary provisions relating to lock-out under ID

Act and BIR Act

21/1/11 to 9/2/11

51

08BAL05
5

Law relating to Standing Orders under BIR Act

52

08BAL05
6

Abolition of contract labour

53

08BAL05
7

Regulation of contract labour

54

08BAL05
8

Contract labour and outsourcing of work

55

08BAL06
0

Trend of judiciary on Back wages

56

08BAL06
1

Disciplinary proceeding

57

08BAL06
2

Natural justice and disciplinary proceeding

58

08BAL06

Law relating to registration of principal employer in a

21/1/11 to 9/2/11
21/1/11 to 9/2/11
21/1/11 to 9/2/11
21/1/11 to 9/2/11
21/1/11 to 9/2/11
21/1/11 to 9/2/11
21/1/11 to 9/2/11
21/1/11 to 9/2/11

21/1/11 to 9/2/11
21/1/11 to 9/2/11
21/1/11 to 9/2/11
21/1/11 to 9/2/11
21/1/11 to 9/2/11
8/2/11 to 31/3/11
8/2/11 to 31/3/11
8/2/11 to 31/3/11
70

contact labour

59

08BAL06
4

Law relating to licensing of contractor

60

08BAL06
5

Liability and obligation of principal employer under the

Contract Labour Act

8/2/11 to 31/3/11

61

08BAL06
6

Law relating to Claim for permanent absorption under the

Contract Labour Act

8/2/11 to 31/3/11

62

08BAL06
7

Welfare and health provisions of contract labour

63

08BAL06
8

Abolition of Bonded Labour System

64

08BAL06
9

Bonded Labour System is socio-eco-legal issues

65

08BAL07
1

Inter-State Migrant Workmen (Regulation of Employment and

Conditions of Service) Act, 1979

66

08BAL07
3

Judicial trend towards elimination of Child Labour

67

08BAL07
4

Developments of law relating to factories in India

68

08BAL07
5

Heath and welfare provisions for factory worker

69

08BAL07
6

Safety provisions under the Factories Act

70

08BAL07
7

Salient features of the Plantation Act, 1951

71

08BAL07
8

Salient features of the Mines Act, 1952

72

08BAL07
9

Salient features of the Motor Transport Workers Act,

1961

8/2/11 to 31/3/11

73

08BAL08
0

Salient features of the Beedi and Cigar Workers

(Conditions of Employment Act, 1966

8/2/11 to 31/3/11

74

08BAL08
1

Salient features of the Bombay Shops and Establishment

Act, 1948

8/2/11 to 31/3/11

Salient features of the Building and other construction

Workers (Regulation of Employment and Conditions of
Service) Act, 1996

8/2/11 to 31/3/11

75

08BAL08
2

76

08BAL08
4

Legal Protections to Unorganized Sector

77

Law Relating to Schemes under Unorganized Social

Security Act

8/2/11 to 31/3/11

8/2/11 to 31/3/11
8/2/11 to 31/3/11
8/2/11 to 31/3/11
8/2/11 to 31/3/11
8/2/11 to 31/3/11
8/2/11 to 31/3/11
8/2/11 to 31/3/11
8/2/11 to 31/3/11
8/2/11 to 31/3/11
8/2/11 to 31/3/11

8/2/11 to 31/3/11
8/2/11 to 31/3/11
71

Note : Under no circumstances the student can change the project topic once it is allotted to
them.

72