3rd Semester LLB Unitary - Labour And Industrial Laws I - Notes, Question Papers and Syllabus

 Labour And Industrial Laws I

Subject Shall Be Taught By Incorporating The Recent Developments.


Unit I

Significance Of Labour Legislations: Historical Perspectives On Labour – From Laissez Faire To Welfarism And To Globalisation – Transition From Exploitation To Protection And From Contract To Status – Changing Perspectives On Labour – Industrial Jurisprudence – Labour Policy In India – Industrial Revolution In India – Labour Problems And Role Of Trade Union – Industrial Peace And Industrial Harmony Through Collective Bargaining – Industrial Relations – Principles Of Labour Legislation – Social Justice – Social Security: Constitutional Basis For Social Security – Growth Of Labour Legislation In India


Unit II

Trade Unionism: Evolution And Growth Of Trade Unions In India – Historical Reasons For The Formation Of Unions Of Workers, Legal Impediments – Constitutional Freedom To Form Associations And Unions – International Labour Organisation – Its Influence In Bringing Changes In National Legislations – Trade Union: Definition, Registration And Recognition – Trade Dispute – Legal Control And Protection Of Trade Union: Registration, Amalgamation, Rights, Immunities, Liabilities And Dissolution – Problems: Multiplicity Of Unions, Over Politicization, Intra-Union And Inter-Union Rivalry, Outside Leadership – Recognition Of Unions – Immunities: Civil And Criminal


Unit III

Industrial Disputes: Aims And Objects Of The Industrial Disputes Act – Definition Of Industry: Conceptual Analysis – Industrial Dispute Vs. Individual Dispute: Contrast – Concept And Definition Of Workman – Distinction Between Contract For Services And Contract Of Service: Due Control And Supervision Test, Predominant Nature Of Duty Test – Strike And Lock Out: Concepts, Legality And Justification – Lay Off, Retrenchment And Closure: Analysis Of The Concepts And Prerequisites


Unit IV

Regulation Of Industrial Relations: Theoretical Foundations – Social Justice, Labour Welfare, Public Interest, Productivity, Industrial Peace And Development, And Price Control – Unfair Labour Practices – Methods Of Regulation Of Industrial Relations: Workers’ Participation In Industrial Management: Advantages And Disadvantages – Works Committee – Reference Of Certain Industrial Disputes To Grievance Settlements Authorities – Board, Courts, Tribunals – Comparison With Courts – Award And Its Binding Nature – Judicial Review Of Awards – Unfair Labour Practices


Unit V

Standing Orders: Concept And Nature Of Standing Orders – Scope And Coverage Of The Industrial Employment (Standing Orders) Act, 1946 – Certification Process: Procedure For Certification, Appeals Against Certification, Condition For Certification – Date Of Operation Of Standing Orders – Binding Nature And Effect Of Certified Standing Orders – Posting Of Standing Orders – Modification And Temporary Application Of Model Standing Orders – Interpretation And Enforcement Of Standing Orders – Penalties And Procedure


Suggested Readings

  1. O. P. Malhotra – The Law Of Industrial Disputes

  2. G. B. Pai – Labour Law In India

  3. P. L. Malik’s – Industrial Law

  4. K. Madhavan Pillai – Labour And Industrial Laws

  5. R. C. Saxena – Labour Problems And Social Welfare

  6. V. V. Giri – Labour Problems In Indian Industry

  7. Indian Law Institute – Labour Law And Labour Relations

  8. P. L. Malik, Srivastava’s – Law Relating To Trade Unions And Unfair Labour Practices In India

  9. Report Of The National Commission On Labour (1969)

  10. Report Of The Second National Commission On Labour (2002)


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