Sem VII - Labour and Industrial Law I - 2024-25

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: VII
Module: Labour and Industrial Law I 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. Constitutional 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 Industrial Relations Code, 2020 and the
Occupational Safety, Health and Working Conditions Code, 2020 with reference
to its current need in the society. (PLO 4a).
Detailed Syllabus: (per session plan)
Unit Description Duration
1. Industrial Jurisprudence and Labour 3 Hrs

 Labour Policy in India
 Industrial Revolution in India
 Advantages and Evils of Industrialization - Economic Evils, Social Evils;
Labour Problems
 Principles of Labour Legislations
 The role of ILO
Basic Reading:
1. Pavani, Praveen. "Indian Supreme Court and Worker Oriented
Industrial Jurisprudence." Journal of the Indian Law Institute 27.1
(1985): 128-160.
2. Singh, Jaivir. Labour Laws. Oxford Companion to Economics in India,
New Delhi: Oxford University Press, 2007.
3. Srivastava, Suresh C. "Industrial Jurisprudence." (2005): 561-564.

4. Srivastava, Suresh C. Industrial relations and labour laws. Vikas
Publishing House, 2021.
2. Introduction to Industrial Relations Code 2 Hrs
 Historical Aspect of Industrial Relations Code
 Scope of Industrial Code,2020
 Objective of Industrial Code,2020
 Definitions
 Industry
 Industrial Dispute
 Employer
 Employee
 Worker
 Strike and Lock-out,
 Lay-off and Retrenchment
 Trade Union
 Standing Orders
Basic Reading:
1. https://labour.gov.in/sites/default/files/ir_as_introduced_in_lok_sa
bha.pdf
2. https://www.lawrbit.com/wp-content/uploads/2020/11/lawrbit-
industrial-relations-code-2020.pdf
3. Bi-Partite Forums 2 Hrs
 Works Committee
 Grievance Redressal Committees
 Comparative Analysis with Industrial Dispute Act
Basic Reading:
1. CLP’s Labour& Industrial Laws (With Latest Amendments) by S.N.

Misra 29th Edition 2019. Chapter VII
2. Bhuta, Aishwarya. "Imbalancing Act: India’s Industrial Relations
Code, 2020." The Indian Journal of Labour Economics 65.3 (2022): 821-
830.
3. Gopalakrishnan, Ramapriya. "Changes in labour laws will turn the
clock back by over a century 1." Media, Migrants and the Pandemic in
India. Routledge India, 2022. 181-184.
Reading Material (Advanced)
bha.pdf
3. https://www.teamleaseregtech.com/resources/acts/article/157/indu
strial-relations-code-2020-and-industrial-relations-central-
rules/#:~:text=Bi%2DPartite%20Forums%20(Chapter%20II,between%
20the%20employer%20and%20workmen.
4. Trade Unions 3 Hrs
 History of Trade Union Movement in India
 Comparative Analysis on The Trade Unions Act, 1926
 Trade Union under Industrial Relations Code
 Registrar of Trade Unions
 Application for registration of a Trade Union
 Recognition of negotiating union or negotiating council
 Objects of General fund, composition of separate fund and
membership fee of Trade Union
 Immunity from civil suit in certain cases
 Criminal conspiracy in furtherance of objects of Trade Union
 Disqualification of office bearers of Trade Unions.
 Adjudication of disputes of Trade Unions
 Enforceability of agreements
Basic Reading:
Misra 29th Edition 2019. Chapter 2 Part 3
2. Adhikary, Sudipta, and Kaushik Banerjee. "Role of Indian Trade Unions
in Transition of Changes: A Contemporary Study." International Journal
of Management and Human Science (IJMHS) 6.2 (2022): 22-29.
5. Strikes and Lock-Outs 2 Hrs
 Prohibition of strikes and lock-outs
 Illegal strikes and lock-outs
 Prohibition of financial aid to illegal strikes and lock-outs
 Comparative Analysis on Strikes and Lockouts under Industrial
Dispute Act
Cases:
1. The Great Bombay textile strike
2. Buckingham & Carnatak Co. Ltd. v/s Workers of Buckingham&
Carnatak Co. Ltd. AIR 1953 SC 47
3. Indian Iron & Steel ltd. v/s Its Workmen (1967) I LLJ 381 (Pat).
4. B. R. Singh v/s Union of India (1989) II Lab LJ 591 (SC)
Basic Reading:
Misra 29th Edition 2019. Chapter VII
bha.pdf
6. Voluntary Reference of Disputes to Arbitration and Mechanism for 3 Hrs
Resolution of Industrial Disputes
 Voluntary reference of disputes to arbitration

 Conciliation officers
 Industrial Tribunal
 National Industrial Tribunal
 Disqualifications for members of Tribunal and National Industrial
Tribunal
 Procedure and powers of arbitrator, conciliation officer, Tribunal and
National Industrial Tribunal.
 Transfer of pending cases.
 Adjustment of services of presiding officers under repealed Act.
Conciliation and adjudication of dispute.
 Reference to and functions of National Industrial Tribunal
 Form of award, its communication and commencement.
Basic Reading:
1. Srivastava S.C., Industrial Relations and Labour Laws, Delhi, Vikas,

(2012). Pg. 283 – 427
Misra 29th Edition 2019. Chapter I part 5 & 6
3. http://14.139.60.114:8080/jspui/bitstream/123456789/16693/1/012_
Voluntary%20Labour%20Arbitration%20-
%20Law%20and%20Policy%20(349-399).pdf
7. Lay-Off, Retrenchment and Closure 3 Hrs
 Comparative Analysis on Lay off, Retrenchment and Closure under
Industrial Dispute Act
 Definition of continuous service
 Rights of workers laid off for compensation, etc.
 Workers not entitled for compensation in certain cases
 Conditions precedent to retrenchment of workers
 Procedure for retrenchment
 Reemployment of retrenched worker
 Compensation to workers in case of transfer of establishment
 Sixty days' notice to be given of intention to close down any undertaking
 Compensation to workers in case of closing down of undertakings
Cases:
1. Kairbetta Estate v Rajamanickam AIR 1960 SC 893
2. Employers in Relation to Digwadih Colliery v. Their Workmen, AIR
1966 SC 75
3. Workmen of American Express International Banking Corporation v
Management of American Express International Banking Corporation,
(1985) 4 SCC 71
4. Krishna Bhagya Jala Nigam Limited v Mohammed Rafi, (2006) 9 SCC
697
5. Associated Cement Companies v Their Workmen AIR 1960 SC 56
Basic Reading:
1. Srivastava S.C., Industrial Relations and Labour Laws, Delhi, Vikas,
(2012). Pathak, Manishi. Labour and employment compliance in India.
Kluwer Law International BV, 2022.
Mishra 29th Edition 2019. Chapter I part 5 & 6
8. Offences and Penalties 2 Hrs
 Offences by Companies
 Cognizance of offences
Cases:
1. R.S. Ruikar v. Emperor, AIR 1935 Nag. 149
2. Rohtas Industries v. Its Union, AIR 1976 S.C. 425
Basic Reading:
Misra 29th Edition 2019. Chapter XI - Chapter XII
9. The Occupational Safety, Health and Working Conditions Code, 2020 3 Hrs
 Historical Aspect of The Occupational Safety, Health and Working
Conditions Code, 2020
 Scope and Salient Features of The Occupational Safety, Health and
Working Conditions Code, 2020
 Objective of The Occupational Safety, Health and Working Conditions
Code, 2020
 Definitions
 Contract Labour
 Employer
 Employee
 Establishment
 Factory
 Occupier
 Hazardous Process
 Principal Employer
 Contract labour
 Wages
Basic Readings:
Mishra 29th Edition 2019. Part 9 Chapter III – IV – V
2. Occupational Health & Safety ... vs Union of India &Ors on 31 January,
2014. WRIT PETITION (CIVIL) NO.79 OF 2005
10. Duties of Employer and Employees, etc 3 Hrs
 Duties of Employer
 Duties and responsibilities of owner, agent and manager in relation to
mine
 Notice of certain accident
 Notice of certain dangerous occurrences.
 Notice of certain diseases.
 Duty not to interfere with or misuse things.

Basic Reading:
Mishra 29th Edition 2019. Part 9 Chapter III – IV – V
11. Occupational Safety and Health Safety and Working Conditions 3 Hrs
 National Occupational Safety and Health Advisory Board
 State Occupational Safety and Health Advisory Board
 Occupational safety and health standards
 Safety Committee and Safety Officers
 State Occupational Safety and Health Advisory Board
 Occupational safety and health standards
Basic Readings:
Misra 29th Edition 2019. Part 9 Chapter III – IV – V
12. Hours Of Work and Annual Leave with Wages 3 Hrs
 Daily and weekly working hours, leave, etc.
 Weekly and compensatory holidays
 Extra wages for overtime.
 Night shifts.
 Prohibition of overlapping shifts.
 Restriction on double employment in factory and mine.
 Notice of periods of work.
Basic Reading:
Mishra 29th Edition 2019. Part 9 Chapter II
13. Special Provision relating to Employment of Women 2 Hrs
 Employment of women.
 Adequate safety of employment of women in dangerous operation
Basic Reading:
1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
Misra 29th Edition 2019. Chapter 1 part 14
14. Contract Labour 3 Hrs
 Applicability of this Part
 Licensing of contractors.
 Procedure for issue or renewal of license
 Revocation, suspension and amendment of license
 Liability of principal employer for welfare facilities.
 Effect of employing contract labour from a non-licensed contractor.
 Responsibility for payment of wages.
 Experience certificate.
 Prohibition of employment of contract labour
Basic Readings:
Misra 29th Edition 2019. Part 17
15. Inter-State Migrant Workers and Audio-Visual Workers 2 Hrs
 Facilities to inter-State migrant workers.
 Journey allowance.
 Benefits of public distribution system, etc.
 Toll free helpline.
 Past liabilities.
 Prohibition of employment of audio-visual worker without agreement
Basic Reading:
1. CLP’s Labour & Industrial Laws (With Latest Amendments) by S.N.
16. Mines and Beedi and Cigar Workers 3 Hrs

 Managers
 Exemption from provision regarding employment
 Employment of persons below eighteen years of age.
 Exemption to certain persons.
 Establishment, maintenance of rescue services and vocational training
 Decision of question whether a mine is covered under this Code
 Licence to industrial premises and person.
 Permission to work by employees outside industrial premises.
 Part not to apply to self-employed persons in private dwelling houses
Basic Reading:
17. Factories and Plantation 3 Hrs
 Approval and licensing of factories.
 Liability of owner of premises in certain circumstances.
 Power to apply Code to certain premises
 Dangerous operations.
 Compulsory disclosure of information by occupier
 Specific responsibility of the occupier in relation to hazardous processes
 Permissible limits of exposure of chemicals and toxic substances.
 Right of workers to warn about imminent danger.
 Prohibition of employment of certain persons in certain building or
other construction work.
Basic Reading:

Total 45 Hrs
Text Books:
1. Taxmen’s New Labour& Industrial Laws – With Comparative Study, Charts & Tables of New and
Old Labour Laws | October 2020 Edition Paperback – 1 November 2020.
2. Commercial’s New Labour& Industrial Code – Edition December 2020.
3. Taxmann’s New Labour& Industrial Laws – Edition October 2020.
4. Industrial Relations Code, 2020.
5. Occupational Safety, Health and Working Conditions Code, 2020.
6. Text Basic to Advance Readings:
7. S.N. Mishra, CLP’s Labour& Industrial Laws (With Latest Amendments), 29th Edition Central Law
Publication. 2019.
8. Srivastava S.C., Industrial Relations and Labour Laws, Delhi, Vikas, (2020).
Reference Books:
1. Kapoor ND, Labour Laws, Sultan Chand & Sons, Delhi, Reprint 2020.
2. H. L. Kumar, Practical Guide to Factories Act [Edition 20019 - 2020] Universal Law Publishing
Co, 1 January 2019.
3. 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
Test 1 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 Krishnamani)

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SVKM’s Narsee Monjee Institute of Management Studies

Name of School - Kirit P. Mehta School of Law

Module: Labour and Industrial Law I Module Code:

Teaching Scheme Evaluation Scheme

Unit Description Duration

1. Industrial Jurisprudence and Labour 3 Hrs

3. Srivastava, Suresh C. "Industrial Jurisprudence." (2005): 561-564.

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

Reading Material (Advanced)

 Voluntary reference of disputes to arbitration

1. Srivastava S.C., Industrial Relations and Labour Laws, Delhi, Vikas,

 Duty not to interfere with or misuse things.

16. Mines and Beedi and Cigar Workers 3 Hrs

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

Details of Internal Continuous Assessment (ICA): 50 Marks

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