LABOUR LAW - I

Course Code: LAW2504 Credit Units: 04

Course Objective:
The course aims at imparting to the students an indepth understanding of Labour Laws in India by
recourse to relevant judicial pronouncements in this regard.

Course Contents:

Module I: Regulation of Trade Union & Unfair Labour Practices

History of Trade Union Movement in India and need to form Trade Union, Workers Right to form
Union vis-à-vis Indian Constitution; the Membership of Trade Union, Closed shop and Union shop,
Registration of Trade Union, Remedies in case of non-registration and cancellation of registration of
union, Privileges and Protection of registered Trade Union form certain acts and omissions, Unfair
labour practices and victimization.

Module II: Collective Bargaining:

Concept and importance of collective bargaining, Pre-requisites for collective bargaining, Process of
administering collective agreement (Negotiation, Mediation, & Voluntary arbitration & Compulsory
Arbitration.), Duration and enforcement of bipartite Agreement (Secs. 18, 19, Industrial Disputes Act,
1947), Pressurization: Strike, Go-Slow, wok to rule, Gherao and Lockout.

Module III: Regulation of Industrial Disputes

Define the concept of Industry, Industrial Dispute and workman, Power of Government to refer
Industrial Disputes for adjudication: The Adjudicatory Machinery, Award and its binding nature,
Judicial review of Awards, The concept of lay-off, retrenchment and procedure and compensation
relating to lay-off and retrenchment.

Module IV: Standing Orders

Concept, Nature and scope of standing orders under Industrial Employment (Standing Order) Act,
1946, Formulation of Standing Orders and its Certification process, Modification: Modification and
temporary application of Model Standing Order, Interpretation and Legal status of Standing Orders.

Module V: Discipline in Industries

Doctrine of hire and fire in the context of social welfare, Fairness in disciplinary process: Meaning of
misconduct, Right to know: The Charge Sheet, Right to defend; Domestic enquiry notice, evidence,
cross examination, unbiased enquiry officer and reasoned decision, Punishment of misconduct,
Prenatal (permission) and Postnatal (Approach) control during pendency of proceeding (Sec. 33 of
industrial and Disputes Act).

Examination Scheme:

Components P/S/V CT C A EE
Weightage (%) 10 10 5 5 70

Text & References:

 O.P. Malhotra, Law of Industrial Disputes.

 Indian Law Institute, Labour Law and Labour Relations.
 K.D. Srivastava, Commentary of Industrial Employment (S.C.) Act, 1946.
 S.C. Srivastava, Industrial Relation and Labour Law.
 Report of National Commission on Labour, 1969.
 Industrial Disputes Act, 1947.
 R.B. Sethi & R.N. Dwivedi, Law of Trade Union.