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SYLLABUS
UNIT- I
Introduction to Law of Industrial Disputes Act, 1947:Historical Aspects-Master and
slave relationship-Industrial revolution-Laissez-faire state-Impact of Constitution on
Labour provision; Definition and law relating to Appropriate Government- Award and
settlement- Industry-Industrial Dispute- Workman. Strikes and Lock-out
UNIT –II
Industrial Disputes Act, 1947:Lay-off –Retrenchment-Closure - Unfair Labour
Practices and Role of Government; Authorities under the Act (Chapter II) to be read
with chapters II B, III and IV Adjudication and Arbitration; Restrictions on the right of
the employer-Chapter IIA-Notice of change, section 11-A and sections 33,33A;
Recovery of money due from an employer. Industrial Employment (Standing
Orders) Act, 1946 and Disciplinary Enquiry
UNIT-III
Trade Unions Act, 1926:Salient features of the enactment and important definitions -
Registration of Unions, Amalgamation of Unions, Cancellation and Registration of
Trade Unions, Funds of the Union, Immunity enjoyed by the Union. Workmen’s
Compensation Act, 1923: Emergence of the legislation-Total and partial disablement
–Dependent-Workman-Wages-Liability of the employer to pay compensation and
right of the workman to receive compensation-Accident “Arising out of and in the
course of employment”-Occupational disease-Doctrine of ‘Added peril’
UNIT –IV
Labour Welfare Legislations: The Employees State Insurance Act, 1948:
Corporation, Standing Committee and Medical Benefit Council; Contributions;
Benefits; Adjudication of disputes and Claims; Penalties. The Employees Provident
Fund Act, 1952: Employees Provident Fund Scheme and Authorities; Miscellaneous.
The Maternity Benefit Act, 1961- Its object and its scope.
UNIT-V
The Minimum Wages Act, 1948- Fixation of minimum rates of wages - working
hours and determination of wages and claims
The Factories Act – Its essential features, Safety, Health and Welfare measures.
The Contract Labour (Regulation and Abolition) Act, 1970 - Its object and its
essential features.
IMPORTANT QUESTIONS
1. INDUSTRIAL DISPUTE, 1947 – Define ID and When individual dispute becomes industrial
dispute (*) (*) (*) (*) (*) (*); Explain the term ‘Industry’; Explain provisions relating to reference of
ID Act; Provisions relating to Voluntary Arbitration under ID Act (*)(role of Arbitration);
Definition of ‘Appropriate Government’ with decided cases (*); provisions relating to closure of an
undertaking; Authorities set up for the investigation and settlement of industrial disputes (*);
Importance of ID Legislation and brief note on ID history in India; How Labour Court, Industrial
Tribunal and National Tribunal adjudicate the industrial dispute referred to by the government;
Recovery of money due from an employer (8)(*) (16)(*); “Industry is an organised or occupied
activity carried on with the co-operation of employer and employee to meet its object”. Justify with
aid of Bangalore Water Supply v. Rajappa Case; The procedure to be followed by the employer to
make any change in the conditions of service of any workman under Sec.9(A) of I.D. Act; Requisites
(16); Factors responsible for departure from old theory of Master-Servant (16); “Conditions of
service etc. Should not be changed by the employer during the pendency of proceedings before
authorities under ID Act” (16); “The questions is to whether the industry is carried on by or under
the authority of Central Government is essentially a question of fact depending on the circumstances
of each case” (16);
4. TRADE UNION, 1926 – Provisions relating to registration (*)(*)(*)(*) and Cancellation (8);
Provisions of Trade Union Act relating to Immunities available for Registered Trade Unions
(*)(*)(*) (*)(*)(under civil and criminal law); General Fund of Trade Union (8)(*); Explain
Privileges; Recognition of Trade Union;
6. MINIMUM WAGES ACT, 1948 – Deductions which may be made from wages; Explain the term
‘Minimum Wage’ and Procedure for Fixation of Minimum Wages (8)+(16M)(*)(*)(*);
Components (*); Objects (8) (16)(the provision relating to hours of normal working day);
Explain the measures prescribed under MW Act for Implementation of provisions; Who can claim,
what shall be the contents and how it is decided; Define “employee” (8); Wages (8);
7. STRIKE (8) – Define and Provisions relating to Prohibition of Strike; Provisions relating to
Regulation of Strike; Distinction between Strike and Lock-out (8);
8. LABOUR WELFARE LEGISLATIONS – Impact of Labour Jurisprudence on it (*); Principles
underlying labour legislations (*); Labour Legislation (8); Labour Problems (8);
9. THE EMPLOYEES PROVIDENT FUND ACT, 1952 – How to determine the contribution
towards PF and Is there any mechanism to recover dues from Employer (*)(*); Powers and
duties of Inspectors under the Employee's Provident Fund (*) and Miscellaneous Provisions
Act 1952 (8); Salient features of various schemes; Contribution and examine the law relating to
contribution by the employer and employees; Can an employee avail the benefit;
10. THE MATERNITY BENEFIT ACT, 1961 - Maternity Benefits (8)(*)(Payment); difference
between Maternity Benefit Act, 1961 and Employees State Insurance Act, 1948 with regard to
maternity provisions; Objectives and its application (8)(*)(scope); Features (8); Dismissal during
absence of pregnancy (8); Maternity leave (8); “Employment of woman during certain period under
Maternity Benefit Act,1961” (8); Power of Inspector (8);
11. THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 (8) – Objects
(8)(*)(and Scope); Central Advisory Board and State Advisory Board under the Contract Labour
(Regulation and Abolition) Act 1970; Essential features (8)(*)(*); Procedure for registration of
establishment (8); Licensing of contractors (8)(*); Prohibition of Employment of Contract Labour
(8);
12. LAY-OFF (8)(*) – Define and what are the Provisions relating to Lay-off compensation
(*)(Provisions of ID Act regarding Lay-off); Procedure for Lay-off and Retrenchment and the
provisions regarding compensation in case of Lay-off and Retrenchment; Circumstances under
which laid-off Workmen is not entitled for compensation; When lay-off shall be treated valid and its
effects;
13. AWARD - Provisions relating to award (*); Law relating to commencement and enforceability of
award; Distinction between Award and Settlement (8);
14. UNFAIR LABOUR PRACTICES (8) – On the part of the Employer; Critically evaluate legal
control;
15. WORKMAN (8)(*) - Distinguish workman from independent contractor; the impact of industrial
revolution of India upon workmen;
16. RETRENCHMENT (8) - Termination of service of workman by the employer for any reason
whatsoever amounts to retrenchment; When treated valid and its effects;