LABOUR LAW I

INTRODUCTION TO LABOUR AND INUDTRIAL RELATIONS

'A nation may do without its millionaires and without its capitalists, but a nation
can never do without its labour'. These words of Mahtma Gandhi, Father of our Nation
highlights the importance of the labourers in our country. The labour force or the workmen
constitute an important segment of the society and play a vital role in the development and
progress of the Country. Due to the fast pace of industrialisation there is a need to regulate
and control the relation between the employer and employees. This has led to the evolution
and development of labour laws all over the world. After the Independence the government of
India has enacted numerous legislations for the regulation of labour relations and their
welfare. An understanding of Labour Laws is very essential for law students because of the
fact that the scope and ambit of these is very wide and is touching the lives of millions of
people in the country.

The subject of Labour Law is very wide and hence the course is divided into two parts:
Labour Law I and Labour Law II ( in V semester). Labour Law I is Introduction to Labour
and Industrial Relations which deals with mainly the laws which regulates the relationship
between employer and employees. The detailed course module is given below:

Module I: Introduction

Labour Laws – Origin and Development – Nature and Need – Objectives and Principles of
Labour Laws – Development of Labour Laws in India – Pre and Post Independence Period-
Indian Constitution and Labour Laws - Social Justice - Fundamental Rights – Directive
Principles –Judicial Activism and Labour Welfare in India - Impact of Liberalization and
Globalization – Labour Policy of India

Concept of Industrial relations – Objecitves and Significance of Industrial Relations-

Constitutional and Statutory Framework in India

References:

BD Singh, Labour Law for Managers, Excel Books, New Delhi, 2007, Chapter1

Bruce E. Kaufman, Industrial Relations, ILO, Geneva, 2006

EM Rao, Industrial Jurisprudence, Lexis Nexis, New Delhi, 2004, Chapter 1

G M Kothari, A Study of Industrial Law, 5thEdn.- 2000, Wahdwa Publications, Nagpur,

Chapter 1

GB Pai, Labour Law in India, Butterworth’s India, New Delhi, 2001, Vol. 1, Chapter 1

SC Srivastava, Industrial Relations and Labour Laws, 5thEdn.-2007, Vikas Publishing

House, New Delhi, Part 1
SN Mishra, Labour and Industrial Laws, 25th Edn. - 2009, Central Law Publications,
Allahabad, Chapter 1

Report of the National Labour Commission - 1967

Report of the National Labour Commission - 2002

Module II: The Industrial Employment (Standing Orders) Act, 1946

Object and Purpose – Object and Purpose- Scope and Application – Definitions – Standing
Orders – Certification – Officers – Procedure – Modification and Temporary Application –
Interpretation and Enforcement – Role of Government under the Act.

References:

Dr. G V Goswami, Labour Industrial Laws, 8th Edn. – 2004, Central Law Agency, Allahabad,
Part XI

K M Pillai, Labour and Industrial Law, 10th Edn- 2005, Allahabad Law Agency, Allahabad,
Chapter’s 22 - 25

S N Mishra, Labour and Industrial Laws, 25th Edn. - 2009, Central Law Publications,
Allahabad, Part 2

S C Srivastava, Industrial Relations and Labour Laws, 5thEdn.-2007, Vikas Publishing

House, New Delhi, Part 4

Module III: Industrial Disputes Act, 1947

Industrial Disputes - Development of Industrial Disputes Legislations in India – Machanisms

for settlement of Industrial Disputes – Constitutional and Statutory Framework in India -
Definitions – Industry – Employer – Workman – Closure, Industrial despectes, Individual
disputes

Module IV: Authorities under the Act

Works Committe - Conciliation Oficeres – Courts of Enquiry – Labour Courts – Tribunals-

Powers of Government – Procedure, Powers and Duties of Authorities

Module V: Instruments of Economic Coercion

Srike and Lockout – Definition – Justification - Types – Right to Strike and Constitutional
Validity – Other Provisions - Lay off and Retrenchment – Transfer and closure – Other
Instrument of Economic coercion

References:

Dr. G V Goswami, Labour Industrial Laws, 8th Edn. – 2004, Central Law Agency, Allahabad,
Part IX
K M Pillai, Labour and Industrial Law, 10th Edn- 2005, Allahabad Law Agency, Allahabad,
Chapter’s 7 - 21

O P Malhotra, The Law of Industrial Disputes, 6th Edn.-2004, Butterworths, New Delhi, Vol.
1&2

S C Srivastava, Industrial Relations and Labour Laws, 5th Edn.-2007, Vikas Publishing
House, New Delhi, Part 3

S N Mishra, Labour and Industrial Laws, 25th Edn. - 2009, Central Law Publications,
Allahabad, Part 1

Module VI: Collective Bargaining

Growth of Trade Unions in India – Significance of Trade Unions – Indian Trade Unionism
and its weakness - Definition – Registration – Rights and Liabilities – Other Miscellaneous
Provisions - Collective Bargaining – Meaning and Scope - Emerging Trends in Labour
Jurisprudence in India- International Developments and its Impact - Recent Developments
and Judicial Interpretations

References:

Dr. G V Goswami, Labour Industrial Laws, 8th Edn. – 2004, Central Law Agency, Allahabad,
Part VI

K M Pillai, Labour and Industrial Law, 10th Edn- 2005, Allahabad Law Agency, Allahabad,
Chapter’s 4-6

Prof. S N Dhyani, Trade Unions and the Right to Strike, University Book House, Jaipur, 1989

S N Mishra, Labour and Industrial Laws, 25th Edn. - 2009, Central Law Publications,
Allahabad, Part 3

S C Srivastava, Industrial Relations and Labour Laws, 5thEdn.-2007, Vikas Publishing

House, New Delhi, Part 2

Legislations:

Trade Unions Act, 1926

The Industrial Employment (Standing Orders) Act, 1946
The Industrial Disputes Act, 1947

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