Labour Law - I (Paper-Iv)

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PAPER - IV

Labour Law I

Objectives:

The main objective of this paper is to introduce the basic concepts of industrial relations
and to trace the development of industrial jurisprudence in India. The legislations
pertaining to mitigate the disequilibrium inherent in the employment relations are
included as a part of the syllabus.

Unit – I (15 hrs)

Introduction – Meaning of Industrial Relations – Object and scope of Labour Legislation


– Concept of Master and servant yielding place to Employer – Employee relationship –
Prevalence of ​Laissez – faire policy – State Regulation of Labour Legislations –
Necessity significance of Collective Bargaining Standards set up by ILO to govern
Industrial Relations.

suggested readings

Unit-II

Industrial Disputes Act, 1947​: Object of the Act – Significance of the terms used in the
Definition section – Concepts of Strike, Lock out. Lay-off, Retrenchment & Closure -
various machineries provided to deal with Industrial Disputes – Awards and Settlements
– Protection to workmen during pendency of proceedings – Reference power of the
Government – Voluntary Arbitration – Unfair Labour Practices.

Unit – III

Trade Unions Act, 1926​: Trade Unionism in India – Definition of Trade Union and
Trade Dispute – Registration of Trade Union-Legal status of a Registered Trade Union –
Mode of Registration – Powers and Duties of Registrar – Cancellation and dissolution of
a Trade Union – Procedure for change of name – Amalgamation of trade unions – Office
areas of the Trade Union – Their Powers and Functions – Funds of the Trade Union –
Immunities granted to Office Bearers – Recognition of Trade Union and Collective
Bargaining.
Unit – IV

Industrial Employment (​Standing orders Act,1946)​: Concept – Nature – Scope of


Standing Orders – Procedure for Certification – conditions for Certification – Appeals
against Certification – Binding nature and effect of Certified Standing Orders – Date of
Operation of the Standing Orders – Posting of Standing Orders – Modification and
temporary application o the Model Standing Orders – Interpretation and enforcement of
Standing Orders – Penalties and procedure.

Unit – V

The Workmen’s Compensation Act, 1923​: Object of the Act – Workmen covered by
the Act – Liability of the employer to pay compensation – Accident arising art of and in
the course of employment – Notional Extension of Employer’s premises – Personal
Injury – Occupational diseases – calculation of compensation – Principal Employer’s
right of Indemnity – Powers and functions of the Commissioner.

Book for Reference:

1. Industrial Disputes Act - O.P. Mahapatra


2. Law relating to Trends Unions-Srivastava
3. Industrial Employment (Standing Orders) Act, 1946 - Srivastava
4. Commentary on employee’s compensation Act 1923 – R.N Choudhry
5. Industrial relations and Labour laws – Piyali Ghosh

Book prescribed for study:

1) Labour Law-V.G. Goswami


2) Labour and Industrial Law-S.N. Mishra
3) Labour and Industrial Law- Madhava Pillai
4) Introduction to labor and Industrial law – Avatar Singh

Statutory Materials:

1) Industrial Disputes Act, 1947


2) Trade Unions Act, 1926
3) Industrial Employment (Standing Orders) Act, 1946.
4) The Workmen’s Compensation Act, 1923
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