SVKM’s Narsee Monjee Institute of Management Studies

Name of School – Kirit P. Mehta School of Law

Program: B.A., LL.B. (Hons.) 81001 & B.B.A., LL.B. (Hons.) 81002 Semester : VIII
Module : Labour and Industrial Law II Module Code: 81001L034
& 81002L034
Teaching Scheme Evaluation Scheme
Lecture Practical Tutorial Term End
Internal Continuous
(Hours (Hours (Hours Examinations (TEE)
Credit Assessment (ICA)
per per per week) (Marks- 60)
(Marks - 40)
week) week) in Question Paper)
3 0 0 3 Marks Scaled to 40 Marks Scaled to 60
Pre-requisite: Good understanding of Industry related information.
Objectives:
Labour & Industrial Laws seek to regulate the relations between the employer and the
employees. The objectives of this course are as following:-
 To empower the students of law with theoretical as well as practical knowledge of
labour & Industrial legislations.
 To enable the students of law understand the importance of implementing Labour &
Industrial Laws as its non-adherence attracts penal provisions.
 To be familiar with the provisions of workmen compensation, employees insurances and
how there has been judicial precedents in this regard.
Outcomes:
After completion of the course, students would be able to :
(i) Understand about labour laws and various other provisions thereby.
(ii) The students shall become aware of the rights and responsibilities of the
government, management with regards to factories and especially workmen and
its compensation, compliances and penalties under provided under various
labour laws.
(iii) The knowledge of labour laws shall enable students to understand the changes
required under the law with reference to its current need in the society.
Detailed Syllabus: ( per session plan )

Unit Description Duration

1. Unorganized Sector 9 Hrs

 Problem of Definition and Identification; Unionization problems,
 Historical backdrop of proposed bills on social security for
unorganized sector (2004, 2005 & 2007);
 Characteristics and constituents of social security
 Unorganized Sector Workers’ Social Security Act, 2008
 Contract Labour (Regulation and Abolition) Act, 1970
2. Employees Compensation Act 1923 8 Hrs
 Objectives, Application and Scope, Definitions
 Employer’s Liability for compensation, Amount of compensation
 Concept of ‘accident arising out of’ and ‘in the course of the
 SVKM’s Narsee Monjee Institute of Management Studies

Name of School – Kirit P. Mehta School of Law

employment’; Doctrine of notional extension and doctrine of added
peril
 Total and partial disablement; Quantum and method of distribution
of compensation.
 Employees Compensation Commissioners, their Appointment,
powers
 Appeals, Rulemaking power of Government
Cases:
 Hindustan Antibiotics Ltd. v Workmen, AIR 1967 S.C. 948
 State of Bombay v United Motors (1953) SCJ 373
 SP Gupta v Union of India AIR 1982 SC 149
3. Payment of Wages Act, 1936 5 Hrs
 Historical Background, Objective & Application
 Time of payment of wages, Unlawful deductions, its meaning,
 Authorized Deductions, Maintenance of Registers and records, Mode
of payment
 Inspectors, powers and functions, Claim Applications
 Appeals, Jurisdiction of the authorities, Penal Provisions
Cases:
 Radhakrishan Jaikishan Ginning and Pressing Factory v Jamnadas
Nursery Ginning and Pressing Co. Ltd. AIR 1940, Nagpur 228,
 Panyam Cement Employees Union v Commr. Of Labour (2004) 1 LLJ
915,
 TT Devasthanam v Commr. of Labour (1979) 1 LLJ 192,
 Bangalore Water Supply and Sewerage Board v A Rajappa, AIR 1978
SC 548
4. Minimum Wages Act, 1948 8 Hrs
 Objectives and constitutional validity of the Act;
 Types of wages, minimum rates of wages, procedure for fixation and
revision of minimum rates of wages.
 Overtime, Claims, Penalties, exemptions and exceptions, Power of
Government
 Payment of Bonus Act 1965; Bonus - historical background, present
position, Extent and application, Eligibility,
 Disqualification, Time limit for payment, Inspectors, Penalty and
exemptions; Payment of Bonus (Amendment) Act, 2007
Cases:
 Sanjeeva Reddi v Registrar of Trade Unions (1969) 1 LLJ 11,
 Balmer Lawrie Workers’ Union v Balmer Lawrie & Co. Ltd. (1985)
Lab I.C. 242
5. Employees State Insurance Act, 1948 6 Hrs
 Benefits provided under the Act; Employees State Insurance Fund
and Contributions;
 Machinery for the implementation of the Act; ESI court and appeal to
 SVKM’s Narsee Monjee Institute of Management Studies

Name of School – Kirit P. Mehta School of Law

High Court.
Cases:
 Jay Engineering Works Ltd. v Staff AIR 1968 Cal 407,
 Rohtas Industries Staff Union v State of Bihar AIR 1979 SC 425,
 Indian Newspapers (Bom) Pvt Ltd v TM Nagarajan (1982) 2 LLJ 353,
 All India Bank Employees v National Industrial Tribunal AIR 1962 SC
171
6. Labour Welfare: Factories Act 9 Hrs
 Philosophy of Labour Welfare; Historical Development of Labour
welfare legislation;
 Health, Safety and welfare measures under Factories Act, 1948;
 Welfare of women and child labour, and adult workmen:
 Protective provisions under Equal Remuneration Act & Maternity
Benefit Act.
 Legal protection: Bonded Labour System (Abolition) Act, 1976;
Cases:
 SS Rly Co. v Workmen Union, AIR 1969 SC 513
 Salem Erode Electricity Distribution Co. (Pvt) Ltd v Employees Union
(1966) 1 LLJ 443 SC
 DK Yadav v JMA Industries Ltd. 1993 (3) SCC 259
 Punjab & Sind Bank v Sakattar Singh 2001 LLR 155 (SC)
Total 45 Hrs

Text Books:
1. Srivastava S.C., Industrial Relations and Labour Laws, Delhi, Vikas, (2012).
Statutes:- Read with the corresponding rules made under the Act
1. Factories Act, 1948.
2. Workmen Compensation Act, 1923.
3. The Contract Labour (Regulation and Abolition) Act, 1970.
4. Payment of Wages Act, 1936.
5. Minimum Wages Act, 1948.
6. Payment of Bonus Act, 1965.
7. Maternity Benefit Act.
8. Employees State Insurance Act, 1948.
9. Unorganized Sector Workers’ Social Security Act, 2008.
10. Bonded Labour System (Abolition) Act, 1976.
Reference Books:
Kapoor ND, Labour Laws, Sultan Chand & Sons, Delhi, Reprint 2010.

Goswami, V.G., Labour and Industrial Laws.

Any other information : Guest Hrs to be conducted.

 SVKM’s Narsee Monjee Institute of Management Studies

Name of School – Kirit P. Mehta School of Law

__________________ _______________
Signature Signature
(Prepared by Dr. Nazima Munshi) (Approved by Dean)