OBJECTIVES
In this course, the students are to be acquainted with the Industrial relations framework.
Further, the importance of the maintenance of industrial peace and efforts to reduce the incidence
of strikes and lockouts are to be emphasised. The main objective is to critically examine the
provisions in the Trade Unions Act, 1926; the machineries contemplated under the Industrial
Disputes Act, 1947 for the prevention and settlement of industrial disputes and other matters.
Further, the objectives underlying the Industrial Employment (Standing Orders) Act, 1946 and
Disciplinary Enquiry for misconduct are to be studied with a view to acquaint misconduct and
the procedure to be followed before imposing punishment for misconduct alleged and
established.
Referring wherever necessary to the Constitutional provisions and the IL Conventions
and recommendations will do learning of these legislations. We will be looking at the judicial
response, legislative response and probable amendments required to the industrial relations laws
to meet the challenges posed by economic liberalisation. In order to understand the above-
mentioned legislations in their proper perceptive, a brief historical background of these
legislations will also be examined.
In this course, students shall also acquaint with legal frame-work relating to social
security and welfare. The concept of social security, its importance and also Constitutional basis
for the same are introduced.
The importance of ensuring health, safety and welfare of the
workmen, social assistance and social insurance schemes and the regulation of wages under
various legislations are to be emphasised. The objective is also to understand the provisions of
the Employees Compensation Act, 1923, the Employees’ State Insurance Act, 1948, the Payment
of Wages Act, 1936, the Factories Act, 1948. These legislations are to be studied with a view to
acquaint the students regarding various rights and benefits available to the workmen thereunder.
Legislations are to be analysed by examining historical background, objectives underlying these
legislations, judicial interpretations and effectiveness of these legislations in the changed
economic policies.
coures content:
UNIT-I
Historical aspects – Master and Slave Relationship,
Trade Unionism in India and UK – Enactment of the Trade Unions Act, 1926-ILO Conventions relating to Trade Unions and
relevant Constitutional provisions.
A bird’s eye view of the Act, Definitions – Trade Union, Trade Dispute, etc. Provisions relating to registration, withdrawal and cancellation of registration – Funds of Trade
Union, Immunities, problems of Trade Union, Amalgamation of Trade Union -Recognition of Trade Unions – Methods, need and efforts in this regard
Collective Bargaining – Meaning, methods, status of collective bargaining settlements, collective bargaining and liberalisation.
UNIT-II
Historical Background and Introduction to the Industrial Disputes Act, 1947 – Definitions Industry, Workman, Industrial Dispute
Appropriate Government, etc., – Authorities/ Industrial Dispute resolution machinery
Works Committee, Conciliation and Board of Conciliation
Powers and Functions, Court of Inquiry, Grievance Settlement Authority
Voluntary Arbitration Under Section 10-A
Compulsory Adjudication- Government’s power of reference, Under Section- 10 – Critical analysis with reference to decided cases.
Compulsory Adjudication Composition, Qualification, Jurisdiction, powers of adjudication authorities,
Award and Settlement – Definition, Period of operation, binding nature and Juridical Review of award.
UNIT- III
Law relating to regulation of strikes and lockouts- Definition of strikes and lockouts
Analysis with reference to Judicial Interpretations, Regulation Under Sections 22, 23, 10-A(4-A), and 10 (3), Illegal
strikes and lockouts, penalties.
Regulation of Job losses- concepts of Lay-off, Retrenchment, Closure and Transfer of undertakings with reference to statutory definition and Judicial Interpretations
Regulation of job losses with reference to the provisions of chapter V A and B of the ID Act, 1947
Regulation of managerial prerogatives – Ss. 9A, 11A, 33 and 33A of ID Act, 1947
Certified Standing Orders – Meaning and Procedure for Certification, Certifying officers- Powers and Functions, etc.
UNIT-IV
Concept and Importance of Social Security – Influence of I.L.O. – Constitutional Mandate.
The Employees’ Compensation Act, 1923 – Definitions – employee, employer, dependent, partial disablement, total disablement, etc.
Employer’s liability for compensation -Conditions and Exceptions Procedure for claiming compensation. Computation of Compensation.
Commissioner- Jurisdiction, Powers, etc.
The Employees’ State Insurance Act, 1948 – Definitions – Employment injury, contribution, dependent, employee, principal employer, etc. – Employees’ State Insurance Funds
– contribution
Benefits available – Administrative Mechanism – E.S.I Corporation, Standing Committee
Medical Benefits Council – Composition, Powers, Duties – Adjudication of Disputes
E.S.I Courts. Comparative analysis of the E.S.I. Act, 1948 with the Employees’ Compensation Act, 1923
UNIT-V
The Payment of Wages Act, 1936 – Definitions – employed person, factory, industrial and other establishment, wages, etc.
Deductions Authorities – Inspectors and Payment of Wages Authority.
The Factories Act, 1948 – Definitions – factory, manufacturing process, occupier, worker, hazardous process, etc.
Provisions of the Factories Act relating to health, safety and welfare of workers
Provisions relating to Hazardous process – Provisions relating to working conditions of employment – Working Hours, Weekly leave, Annual leave facility
Provisions relating to regulation of employment of women, children and young persons.
Books Prescribed:
S.C.Srivastava – Industrial Relations and Labour Laws.
Dr. V.G. Goswami – Labour Industrial Laws
S.N.Mishra – Labour and Industrial Laws.
S.C.Srivastava, Treatise on Social Security.
The Trade Unions Act, 1926
The Industrial Disputes Act, 1947
The Industrial Employment (Standing Orders) Act, 1946
The Employees Compensation Act, 1923
The Employees’ State Insurance Act, 1948
The Payment of Wages Act, 1936
The Factories Act, 1948
Reference Books:
O.P. Malhotra – Law of Industrial Disputes.
G. Ramanujam – Indian Labour Movements.
P.L. Malik – Industrial Law.
Mamoria and Mamoria – Dynamics of Industrial Relations.
First National Labour Commission Report, 1969.
Second National Labour Commission Report, 2002.
International Labor Conventions and Recommendations.