COURSE MANUAL

LABOUR LAW I
B.A.LL.B Year III
COURSE CODE

Course Instructors
Prof. Shikhaa Beri
Prof. Indranath Gupta

SEMESTER A, 2015-2016

Information on Labour Law I offered by Jindal Global Law School

Semester A in 2015-2016
The information provided herein is by the Course Coordinator. The following information
contains the official record of the details of the course.

Part I
Course Title:

Labour Law I

Course Code:
Course Duration:

One Semester

No. of Credit Units:

Level:

B.A.LL.B Year III

Medium of Instruction:

English

Pre-requisites:
Pre-cursors:
Equivalent Courses:
Exclusive Courses:

The above information shall form part of the University database and may be uploaded to
the KOHA Library system and catalogued and may be distributed amongst other students.

Part II
A. COURSE DESCRIPTION1
Protection of labour is a constitutional mandate. A constitution inspired by the vision of social
justice is committed to the cause of upliftment of labour. Well balanced industrial development
leads to increased productivity which in turn is a factor of national progress. Labour makes
significant contribution in this respect.
Is labour merely a commodity? Is it only a factor in production? There may be different
approaches towards this question. One fact is certain. Today's labour is engaged in a battle for
position of honour and status equal with management. The law and practice relating to labour is
the story of this battle. In this context, the study of labour law has its aim on the societal
impulses on, and state reactions to, the complex socio-economic, human and political problems
arising out of the constant conflicts between different classes.
The student should get an insight into the mechanics of socio-legal control of labour relations
and should be aware of the history, the present norms, the emerging areas and possible future
techniques of labour jurisprudence.
B. COURSE AIMS
This course deals with different aspects of Labour Law and aims to foster an understanding of
the:

necessity of studying labour law

importance of protection of labour
theoretical concepts involved in the course, their interaction with each other, and with different
labour laws
principal laws dealing with labour laws and the interaction between them

C. COURSE INTENDED LEARNING OUTCOMES

The course instructors would like to acknowledge and thank, Prof. Pallavi Kishore for
her contributions to earlier versions of this course manual.
1

Course Intended Learning

Outcomes

Teaching and Learning

Activities

By the end of the course students

should be able to:
1. Analytically
and 50% Reading of cases and
critically
describe weight other material, and
and explain the main
research
substantive rules of
Students will acquire
labour and industrial
knowledge of the
law pertaining to the
substantive rules of
topics to be covered in
labour and industrial
the syllabus.
law pertaining to the
topics to be covered
in the syllabus.
Preparation outside
the class
Lectures
Students will be
given guidance on
their reading and
research for their
lectures and
tutorials.
Students will, by
responding to
questions and
performing
exercises, develop
their analytical and
critical capabilities
in applying the law
regarding labour and
industry.
2. Analyse and
35% Lectures
critically evaluate:
weight

Students will be

issues and
introduced to
concerns in the
issues, concerns,
field of labour
and aspects of
and industrial
the operation of
law
the substantive

the operation of
rules of labour
the substantive
and industrial
rules of labour
law
4

Assessment
Tasks/Activities

End-of-course examination
(50% marks)
Attendance (5% marks)
Class participation (5%
marks)
Assignment/s (40% marks)

Students ability to
describe and explain
the main substantive
rules relating to
labour and industrial
law on topics covered
in the syllabus will be
tested by all three
assessment
tasks/activities.

End-of-course examination
Tutorials
Assignment/s

Students ability to
analyse and critically
evaluate will be tested
by all three assessment

and industrial
law in terms of
their objectives
and their utility
keeping in mind
the objective of
promoting the
protection of
labour

Apply the principles

of labour and
industrial law to solve
legal problems by:

researching
relevant issues

analysing and
resolving
problems
concerning
labour disputes

effectively
communicating
their solutions
orally and in
writing.

Preparation for tutorials

Students will
research issues
relating to the
subject
Tutorials
Students will give
presentations on
selected topics in
which they will
scrutinise, analyse
and evaluate issues
and concerns in
labour and industrial
law.
15% Lectures
weight
Students will learn
the legal concepts in
labour law.
Preparation for tutorials
Students will
research issues
relating to labour
law
Tutorials
Students will give
presentations on
selected topics in
which they will
scrutinise, analyse
and evaluate issues
and concerns in
labour law.

tasks/activities to
determine their ability
to apply the law to a
given situation

End-of-course examination
Students ability to
apply rules of labour
and industrial law to
given situations will
be tested.
Tutorials
Students will be
required to make
presentations on
problems and
questions allotted to
them and all students
will be required to
contribute to tutorial
discussions whether
they are making a
presentation or not.
Students ability to
research, analyse, and
communicate
solutions orally will
be tested.
Assignment/s
Students ability to
research, analyse, and
communicate
solutions in writing
will be tested.

D. GRADING OF STUDENT ACHIEVEMENT

To pass this course, students must obtain a minimum of 50% in the coursework and the
examination elements of the assessment. Coursework for this purpose means those ways in
which students are assessed otherwise than by the end of session examination. These could
include reaction papers, class participation, tutorial presentations, group work and a final
research paper. End of semester exam will be in the form of a traditional 3 hours written exam
and will carry 50 marks.
Internal Assessment
The total marks for internal assignments are 40. These will be divided as follows
1. One presentation of 40 marks. The topics can be chosen from the cases and readings in
the course manual. Presentations will be made during the week in which the case/reading
is listed. Presentations should contain the facts, arguments, ratio, main questions raised
and answered, and critical analysis. You may also include comparative or other
perspectives. The presentation should be in the range of 10-15 minutes. Please consult the
course instructor regarding presentation topic since not every topic may be worth 40
marks.
2. One essay of 40 marks. You can chose a topic from the list given below in point 5 or
choose your own topic after discussion with the course instructor. The essays should
contain amendments, comparative, evaluative, critical, analytical, and other perspectives.
Please note the following information.
Number of words
including all references

Number
of pages

Line
spacing

Due date

Type of
Place of
submission submission

2500-3000

5-6

1.5

9 October
2015

Hard copy

3. Students are free to do presentations in class without being marked on them.

4. Students are encouraged to be creative in their assignments.
5. List of topics for essays
The Payment of Wages Act 1936
The Payment of Bonus Act 1965
The Mines Act 1952
The Employers Liability Act 1938
The Employees State Insurance Act 1948
6

Class

The Child Labour (Prohibition and Regulation) Act 1986

The Employees Provident Funds and Miscellaneous Provisions Act 1952
The Employees Pension Scheme 1995
The Payment of Gratuity Act 1972
The Maternity Benefit Act 1961
The Unorganised Workers Social Security Act 2008
The Bonded Labour System (Abolition) Act 1976
The Contract Labour (Regulation and Abolition) Act 1970
The Beedi and Cigar Workers (Conditions of Employment) Act 1966
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act 1966
The Apprentices Act 1961
The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act 1981
The Public Provident Fund Act 1968
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act
1979
The Mahatma Gandhi National Rural Employment Guarantee Act 2005
The Dock Workers (Regulation of Employment) Act 1948
The Working Journalists and Other Newspaper Employees (Conditions of Service) and
Miscellaneous Provisions Act 1955
The Plantations Labour Act 1951
The Fatal Accidents Act 1855
The Employment Exchanges (Compulsory Notification of Vacancies) Act 1959
The Motor Transport Workers Act 1961
The Sales Promotion Employees (Condition of Service) Act 1976
The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill 2012
The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain
Establishments) Act, 1988
Please note the grades and their values below
Letter Grade Percentage of
Grade Value Marks

Grade Definitions and Explanation

Outstanding Sound knowledge of the subject

matter, excellent organizational
capacity, ability to synthesize
ideas, rules and principles,
critically analyse existing materials
and originality in thinking and

70 and above

presentation.

A+

65 to 69.75

Excellent

Sound knowledge of the subject

matter, thorough understanding of
issues; ability to synthesize ideas,
rules and principles and critical
and analytical ability.

60 to 64.75

Good

Good understanding of the subject

matter, ability to identify issues
and provide balanced solutions to
problems and good critical and
analytical skills.

B+

55 to 59.75

Adequate

Adequate knowledge of the subject

matter to go to the next level of
study and reasonable critical and
analytical skills.

50 to 54.75

Marginal

Limited knowledge of the subject

matter and irrelevant use of
materials and, poor critical and
analytical skills.

0.0

Below 50

Failure

Poor comprehension of the

subject matter; poor critical and
analytical skills and marginal use
of the relevant materials. Will
require repeating the course.

E. A WORD OF CAUTION ON ONLINE READINGS

Online sources can be classified into reliable, unreliable and outright bogus. The Internet is an
open domain in which all and sundry can create web pages and indulge in propaganda,
falsification or misrepresentation of events. The few sources that can help you with basic
information and which are fairly unbiased are: websites of established newspapers, magazines
and journals.
Students should always consult with the instructors about the veracity and authenticity of a
particular website and its suitability for researching topics covered in this syllabus.
F. PLAGIARISM
8

Any idea, sentence or paragraph you cull from a web source must be credited with the original
source. If you paraphrase or directly quote from a web source in the exam, presentation or
essays, the source must be explicitly mentioned. You SHOULD NOT feel free to plagiarise
content, be it from scholarly sources (i.e. books and journal articles) or from the Internet. The
university has strict rules with consequences for students involved in plagiarism. This is an issue
of academic integrity on which no compromise will be made, especially as students have
already been trained in the perils of lifting sentences or paragraphs from others and claiming
authorship of them.
G. METHOD OF CONDUCTING CLASS
The class format will combine lecture and discussion, with a primary focus on the latter. Students
are expected to prepare for and participate in class discussion on a regular basis. Students are
expected to review the delineated course materials in advance of each class and will lead the
class through presentations. Every topic will be led by students who will present their thoughts
on the material and guide discussion.
H. OFFICE HOURS
Professor
Indranath Gupta
Shikhaa Beri

Day/s
Friday
Wednesday
Thursday

Timings
1630-1930
1530-1700
1100-1230

Part III
A. KEYWORD SYLLABUS
Closure, collective bargaining, conciliation, industrial dispute, industry, lay off, lockout,
retrenchment, strike, trade union, unfair labour practices, workmen
B. READINGS
a. Essential Reading
Singh, Avtar and Kaur, Harpreet, Introduction to Labour and Industrial Law (2008), LexisNexis
Butterworths Wadhwa Nagpur, New Delhi
b. Supplementary Reading (preferably latest editions)
Indian Law Institute, Labour Law and Labour Relations Cases and Materials (2007), Indian law
Institute, Delhi

Shahid Siddiqi Z.M. and Afzal Wani M., Labour Adjudication in India (2001), Indian Law
Institute, Delhi
EM Rao, OP Malhotras The Law Of Industrial Disputes, lexisNexis Butterworths: New Delhi,
2004.
G.B. Pai, Labour Law in India, Butterworths: New Delhi, 2001.
Dr. V.G. Goswani, Labour and Industrial law, Central Law Agency: Allahabad, 2005.
S. C. Srivastava, Industrial Relations and Labour Law, Vikas Publishing House Pvt. Ltd.: New
Delhi, 2003.
Kamala Sankaran, Freedom of Association in India and International Labour Standards,
LexisNexis Butterworths: Delhi, 2009.
Nirmal Singh and S.K. Bhatia: Industrial Relations and Collective Bargaining, Deep and Deep
Publications Pvt. Ltd.: Delhi, 2000.
Reports of National Commission Labour 1969 and 2002, Academic Foundation, New Delhi,
2003
c. Laws
The Trade Unions Act, 1926
The Industrial Disputes Act, 1947
The Equal Remuneration Act, 1976
The Minimum Wages Act, 1948

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Part IV
A. LECTURE PROGRAMME
This syllabus should be viewed as a general guide. The syllabus may be revised during the
course of the semester. Students will be informed of changes made.
The following programme is intended to be only indicative and is subject to variation as and when
circumstances may render necessary:
Teaching
Week(s)
1
2-4
5-7
8-11
12-15

Lecture Topic
INTRODUCTION TO LABOUR
TRADE UNIONISM
BASIC CONCEPTS UNDER THE INDUSTRIAL DISPUTES ACT, 1947
STATE PRESCRIPTION OF STANDARDS
REMUNERATION FOR LABOUR

B. EXPANDED LECTURE OUTLINES

WEEK 1 INTRODUCTION TO LABOUR
1.
2.
3.
4.

Historical perspectives on labour

Evolution of labour laws
Constitutional framework and industrial relations
Cases
Niemla Textile Mills v The 2nd Punjab Tribunal AIR 1957 SC 329
Excel Wear v Union of India (1978) 4 SCC 224
PUDR v Union of India (1982) 2 LLJ 454 (SC)

Guy Davidov, The (Changing?) Idea of Labour Law, 146 (3-4) International Labour
Review 311 (2007)
Sankaran, Kamala, Labour laws in South Asia: The need for an inclusive approach (2007),
International Institute for Labour Studies, Geneva
WEEKS 2-4 TRADE UNIONISM
1. History of trade union movement in India
2. Right to form trade union in India Article 19(1)(c) of the Constitution
Trade union Sections 2(h), 22, 15, 16, 21A
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3.

4.
5.
6.
7.

Trade dispute Section 2(g)

Legal control and protection of trade union
3.1. Registration Chapter II sections 3 to 14
3.2. Rights Sections 20, 21, 23
3.3. Liabilities Sections 28, 31, 32
3.4. Immunities Sections 17, 18(1), 18(2), 19
3.5. Amalgamation Sections 24 to 26
3.6. Dissolution Section 27
Collective bargaining
Gherao
Bandh
Cases
Jay Engineering Works v State of West Bengal AIR 1968 Cal 407 - gherao
Rangaswami v Registrar of Trade Unions AIR 1962 Mad 231 - registration
Bokajan Cement Corpn Employees Union v Cement Corpn of India Ltd. (2004) 1 SCC 142 membership
Balmer Lawrie Workers Union, Bombay v Balmer Lawrie and Company Ltd (1985) I LLJ
314 recognition
Vidyasagar Institute of Mental Health v Hospital Employees Union (2006) ILLJ 781 (Del)
demonstration, immunity, strike
Bharat Kumar v State of Kerala AIR 1997 Ker 292 bandh
Communist Party of India v Bharat Kumar (1998) 1 SCC 201
Kameshwar Prasad v State of Bihar AIR 1962 SC 1166 demonstration by govt servants

The Industrial Disputes Act, 1947

The Trade Unions Act, 1926
Chapter 4 of Shahid Siddiqi Z.M. and Afzal Wani M., Labour Adjudication in India (2001),
Indian Law Institute, Delhi
Sarath Chandra Davala, Question of Union Recognition, Economic and Political Weekly,
Nov. 25, 1989
Rakhi Sehgal, Maruti Workers are the Villains: Truth or Prejudice?, Economic and Political
Weekly, Aug. 4, 2012
Sreeram Chaulia, Industrial Democracy, The Asian Age, New Delhi, Jul. 31, 2012
WEEKS 5-7 BASIC CONCEPTS UNDER THE INDUSTRIAL DISPUTES ACT, 1947
1
2

Appropriate government
Cases
Steel Authority of India Ltd. v National Union of Water Front Workers (2001) 7 SCC 1
Industry
Cases
Bangalore Water Supply and Sewerage Board v A.S. Rajappa (1978) 2 SCC 548
Physical Research Laboratory v K.G. Sharma (1997) 4 SCC 257
General Manager Telecom v A Srinivasa Rao (1997) 8 SCC 767
All India Radio v Santosh Kumar (1998) 3 SCC 237
Coir Board, Ernakulam and Cochin v Indira Devi (1998) 3 SCC 259
12

Agricultural Produce Market Committee v Ashok Harikuni (2000) 8 SCC 61

State of UP v Jai Bir Singh (2005) 5 SCC 1
Industrial dispute
Cases
Workmen of Dimakuchi Tea Estate v DTE AIR 1958 SC 353
Workmen v Dharampal Premchand (Saughandi) AIR 1966 SC 182
Workmen
Cases
Dharangadhara Chemical Works v Management AIR 1957 SC 264
Diwan Mohideen Sahib v Industrial Tribunal, Madras AIR 1966 SC 370
Workmen of Nilgiri Cooperative Marketing Society v State of Tamil Nadu (2004) 3 SCC 514
HussainBhai v Alath Factory Employees Union (1978) 4 SCC 257
SK Verma v Mahesh Chandra (1983) II LLJ 429 1983 (4) SCC 214
HR Adhyantaya v Sandoz (India) Ltd. (1994) 5 SCC 737
SK Maini v M/S Carona Sahu Company Ltd. (1994) 3 SCC 510
Heavy Engineering Corporation v Presiding Officer, Labour Court (1996) 11 SCC 236
Workmen of the Canteen of Coates of India Ltd v Coates of India Ltd. (2004) 3 SCC 547

The Industrial Disputes Act, 1947

Bushan Tilak Kaul, Industry, Industrial Dispute, and Workman: Conceptual Framework and
Judicial Activism, 50(1) JILI (2008), pp 3-50
WEEKS 8-11 STATE PRESCRIPTION OF STANDARDS
1.
2.
3.
4.
5.
6.
7.
8.
9.

Lay off section 2(kkk), chapters VA and VB

Public utility service section 2(n), chapter V
Strike section 2(q), chapter V
Lockout section 2(l), chapter V
Retrenchment section 2(oo), chapters VA and VB
Closure section 2(cc), chapter VB
Transfer of undertakings
Unfair labour practices section 2(ra), chapter VC
Cases
Workmen of Dewan Tea Estate v Their Management AIR 1964 SC 1458
Workmen of Firestone Tyre and Rubber Co. v The Firestone Tyre and Rubber Co. (1976) I
LLJ 493 (SC)
Associated Cement Companies v Their Workmen AIR 1960 SC 56
Kairbetta Estate v Rajamanickam AIR 1960 SC 893
Hariprasad Shiv Shankar Shukla v A.D. Divelkar AIR 1957 SC 121
Uptron v Shammi Bhan (1998) 6 SCC 538
Anand Bihari and others v RSRTC and another 1991 Lab IC 494
Orissa Textiles & Stell Ltd. V State of Orissa 2002 Lab IC 570(SC)
Rohtas Industries v Union (1976) 2 SCC 82 sec 10A ID Act, not an industrial dispute strike
Gujarat Steel Tubes v Mazdoor Sabha AIR 1980 SC 1896 - strike
13

Vidyasagar Institute of Mental Health v Hospital Employees Union (2006) ILLJ 781 (Del)
demonstration, immunity, strike
TK Rangarajan v Govt of Tamil Nadu AIR 2003 SC 3032 strike by govt employees
The Industrial Disputes Act, 1947
Chapters 7 and 10 of Shahid Siddiqi Z.M. and Afzal Wani M., Labour Adjudication in India
(2001), Indian Law Institute, Delhi
Servais, Jean-Michel, The ILO law and the freedom to strike,
http://www.law.utoronto.ca/documents/conferences2/StrikeSymposium09_Servais.pdf
WEEKS 12-15 REMUNERATION FOR LABOUR
1.
2.

3.

4.
5.

The Equal Remuneration Act, 1976

Cases
Randhir Singh v. UOI 1982 AIR 879
Peoples Union for Democratic Rights v. UOI (1982) 3 SCC 235
Mackinnon Mackenzie v. Audrey DCosta 1987 AIR 1281
State of AP v. G. Sreenivasa Rao 1989 SCR (1)1000
Concepts of wages
2.1 Minimum wages
2.2 Fair wages
2.3 Living wages
Wage determining process
Cases
Standard Vacuum Refining Co. of India v Their Workmen AIR 1961 SC 895
Bijay Cotton Mills Ltd v Their Workmen AIR 1955 SC 33
The Equal Remuneration Act, 1976
The Minimum Wages Act, 1948

14