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LABOUR LAW

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);

2. FACTORIES ACT, 1948 – Provisions relating to welfare scheme/measures (*)(*)(*) and


Safety(*)(*)(*); Provisions relating to ‘Health’(*)(*)(*)(*)(and welfare); Provisions relating to
safety; Manufacturing Process (8); Canteens and Creches (8); Factory (8); Provisions relating to
Employment of young person;

3. WORKMEN COMPENSATION ACT, 1923 – Liability of the employer to pay compensation


(*)(*)(*)(*); Doctrine of Notional Extension with cases; Permanent total disablement (8); Powers
and Functions of the Commissioner under the Workmen Compensation Act, 1923 (*); “All workmen
are employees but all employees are not workmen”; ‘Accident arising out of employment is deemed
to have occurred in the course of employment’ with reference to decided cases; Personal injury and
when is the employer not liable to pay compensation for personal injuries by accident; Procedures
for realisation of compensation (*); Employees liability for compensation;

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;

5. EMPLOYEES STATE INSURANCE ACT, 1948 – Different kinds of benefits available


(16)(*)(*) (*) (8)(*) (*)(conditions to avail them); Explain various Authorities provided under ESI
Act; constitution, powers and procedure of the E.S.I. Courts (*)(*); Adjudication of disputes and
claims; ‘Medical Benefit Council’(8); When an employee is entitled to claim benefit; ESI
Corporation (8); Provisions relating to Contributions (16); Procedure of Employees Insurance claim;

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;

17. Certifying officer (8)


18. Lock-Out (8)
19. Labour Court (8)
20. Settlement (8)(*)
21. Standing Orders (8)(*) {Industrial Employment (Standing Orders) Act, 1946}
22. Closure (8)(*) (16)(provisions)
23. Collective Bargaining (8)(*)
24. Fatal Accident (8)
PROBLEMS
1. The registrar of Trade Union withdrew a certificate on the ground that it was obtained by fraud. The
trade union challenged the order of registrar. Advice.
2. ‘A’ is employed as a driver in KSRTC. While driving he met with an accident and he lost vision of
the left eye. Is he entitled to claim compensation? Decide with reason.
3. Majority of workmen applied for casual leave, employer rejected the leave and treated as absence of
workmen as illegal strike. Decide.
4. Workmen immediately after reporting to duties against the will of the employer leave the place of
employment to attend the funeral ceremony of a past employee. Employer treats the act of the
workmen as illegal strike. Decide.
5. ‘Shankar’ a workman who is laid-off by his employer at ‘Hassan’ refuses to accept an alternative
employment in another establishment belonging to the same employer situated in Bangalore.
‘Shankar’ desires to claim lay-off compensation. Decide.
6. Akshata and Co. is a public utility service industry, where a strike has commenced during the
pendency of conciliation proceedings and the workmen plead that the strike was provoked by
Employer. Decide.
7. A Trade Union member who was poor but very popular and who has not contributed to political fund
requests the help from general fund for his election. Trade Union refuses to help from general fund
for his election. Decide.
8. A workman while performing the duty of the employer died due to an accident. Then it had been
proved that at the time of the accident the workman was under the influence of intoxication. Whether
the employer is liable to pay compensation?
9. Workers of a company wanted to celebrate ‘Ayudha Pooja’ one day earlier to the festival. They
requested the company to declare holiday on that day and they were ready to compensate the loss of
work by working on another holiday. But the management refused to declare holiday. Workers
enbloc applied for casual leave. Does this amount to strike? Give reason.
10. Dispute relating to dismissal of workman – Does it amount to industrial dispute? Decide giving
reason.
11. The service of a workman is terminated due to loss of confidence by the employer – Does it amount
to retrenchment? Decide giving reason.
12. The workman died due to natural lightning while working at the site – Is the employer liable to pay
compensation? Decide giving reason.
13. Injury sustained by a workman in the factory while taking his mid-day meal during the internal
period – Is it an injury connected with the employment? Give reason.
14. A person employed to clean machinery in a factory – Is he worker? Decide with reasons.
15. A Chartered Accountants firm employs 70. The employed raised a dispute demanding bonus. The
appropriate government makes a reference to an industrial Tribunal. The employer submits that the
reference is improper since he is not running an industry. Decide.
16. Whether ‘University’ is an Industry?
17. Employer refuses to give the benefit of certified standing orders to ‘X’ on the ground that ‘X’ was
appointed after the certification of standing orders. Workman challenges the decision. Advice.
18. Employees of Raj Bhavan apply for Registration of Trade Union. Registrar of ‘Trade Union’ refuses
to register. Decide.
19. ‘A’ was employed for 15 days as a sweeper in a factory. One day when he was on duty injured by a
moving machine in a claim for compensation by ‘A’ the Employer defends that ‘A’ was not a
workman. Decide.
20. In Rathan Steel Industrial Unit all the 15 employees for the purpose of pressing their demands for
additional allowance do not take the free food served in the canteen and decided to fast unto death
without abstaining from work. Is their act unlawful? Decide.
21. Workers and management of Ravi Enterprises could not arrive at a settlement regarding their bonus
issue for the year 2012-13. They prefer to go to Labour Court in order to solve their differences of
opinion. Are they justified in their dispute? Decide.
22. “A” is employed as a Security Inspector at the gate of the factory premises. Is he a workman? Give
reasons.
23. Jayaram, an employee in Jaideep Industries died in a fatal fire accident. The employer, through their
Manager paid to the widow of Jayaram a compensation of Rs. 1Lakh directly. Is it a valid payment?
Decide.
24. The workers in concert absent themselves out of sympathy to some cause wholly unrelated to their
employment or even in regard to conditions of employment of other workers in service under other
management. In these circumstances the management initiates disciplinary action against the
workmen for their absence on the ground of breach of conditions of service. Workmen argue that
they have right to go on strike. Decide giving reasons.
25. A boy is employed by the factory in a tea shop and it was part of his duty to take tea from the shop
which was situated outside the factory gate to various persons working in the factory. One day when
the boy was coming out of the factory after serving tea to the workers he passed through a violent
mob of factory workers who were leaving the factory. This mob attacked the police and the police
had to fire upon the mob in self-defence unfortunately, the boy was severely wounded by a bullet and
died on the following day in the hospital. Now the mother of the boy claims compensation. Decide
giving reasons.
26. Workmen immediately after reporting to duties against the will of the employer leave the place of
employment to attend the funeral ceremony of a former employee. Employer treats the act of the
workmen as illegal strike. Decide.
27. A workman while performing the duty of the employer died due to an accident. It was proved that at
the time of accident the workman was under the influence of intoxication. Whether the employer is
liable to pay compensation?
28. In an industry there was continuous unrest leading to strikes and lockouts. The Employer closed
down the industry. Does this amount to closure? Give reasons.
29. Chintamani Industries, women run organisation employing only women workers. It allots to some
women workers night shift between 6 p.m. and 2 a.m. Is it justifiable? Decide.
30. Ajay an employee in Jaideep Industries died in a fatal accident in the factory. The employer paid the
widow of Ajay, compensation a sum of Rs. 1lakh directly. Is it valid payment?
31. Anand, a driver with Rajasthan State Transport Corporation was terminated on account of his
eyesight problem. He claimed retrenchment compensation. Is he entitled to it?
32. Employer dismissed the service of temporary workman “A”. “A” raised a dispute under the
Industrial Disputes Act 1947. Employer argued that “A” was not a workman. Decide.
33. Membership of a registered Trade Union has been denied to “A” a workman on the ground that “A”
has not contributed to the political fund of the Trade Union. “A” wants to challenge the legality of
the denial. Will he succeed?
34. “A”, a workman died due to an accident while performing the duty of an employer. Subsequently it
had been proved that at the time of the accident the workman was under the influence of intoxication.
Whether employer is liable to pay compensation?
35. Suman a worker working in Ramu Industries in Bangalore is laid-off by his employer. The employer
provided an alternative employment in another establishment belonging to the Ramu Industries
owner situated in Hubli. But Suman refuses to accept an alternative employment and wants to claim
lay-off compensation. Whether he will succeed?
36. Ramu a workman while performing the duty of the employer died due to an accident. It was proved
that at the time of accident Ramu was under the influence of intoxication. Whether the employer is
liable to pay compensation?
37. The Bombay Municipal Corporation carried on a public utility service in Greater Bombay and for the
purpose employed certain drivers to drive the buses. The transport service was managed by the
electricity supply and transport committee. One of the drivers on 20th July,2005 finished his work for
the day at around 7.45 p.m. at Jogeshwari Bus Depot. In order to reach his residence at Santa Cruz he
boarded another bus which collided with a stationary lorry parked at an awkward angle on the road
near Erla Bridge, Andheri. Consequently he was thrown out on the road and injured. He was sent to
the hospital for treatment but unfortunately he expires on 26th July, 2005. The compensation was
claimed by his widowed wife pleading that the accident has risen out of and in course of
employment. Decide.
38. An employer dismissed the service of a workman for a misconduct. Dismissed workman raised a
dispute under the ID Act, 1947 whether the dispute raised by the workman is an Industrial Dispute?
39. The workers of a registered trade union declared illegal strike. Due to illegal strike employer
sustained the loss. Employer filed a suit against the trade union for the recovery of compensation.
Will he succeed?
40. Municipality appoints “A” as a workman to repair clocks of the Municipality. While repairing the
clock, “A” died due to lightening shock. Whether Municipality is liable to pay compensation?
41. ‘Karthik’, a workman who is laid off by his employer at Tumkur, refuses to accept an alternative
employment in another establishment belonging to the same employer situated in Mysore. Kaarthik
wants to claim layoff compensation. Decide.
42. 35 women are employed in Mythili Industries. Since only two women workers were having children
below 5 years of age, the manager of the Industry refuses to provide crèche for the children. Is the
refusal correct?
43. An ex-prisoner brought an action against prison authorities alleging that he had contracted
tuberculosis as a result of dust to which he was exposed while working in the prison. Will he get
compensation?
44.