Law Notes

Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
BA
BA LLB
LLB
(Seventh Semester)
(Seventh Semester)
Paper code-401
Paper code-401
UNIT-I
UNIT-I
Trade
Trade union
union act
act 1926
1926
Learning outcomes
Define what is meant by Trade unionism in India according to the
act.
Identify factors that can determine the relations between employers
and employees.
Plan a strategy for successful relations among them.

What is collective Bargaining?
Negotiation Collective bargaining take place when takes
when two or more people, with differing views, come
together to attempt to reach agreement on an issue. It is
persuasive communication or bargaining.
“Negotiation is about getting the best possible deal in the

best possible way.”

Types of negotiation
Distributive (win-lose)
Integrative (win-win)
Benefits of win-win

What do you know General
and Political funds?
 factors helped enable in
union uplift ment and
success?

.
Planning to resolve
trade dispute

.
How to influence others
The three ‘Ps’:

Position (power?)
Perspective (empathy)
Problems (solutions)

.
Factors for success

Confidence in presenting it
CoLegitimacy of your case
urtesy to the other party
Adaptation to the other party’s style
Rapport
Incentives and trade offs
Research the bigger picture

.
Tips
Aim high to begin with – easier to lose ground than
gain
Give concessions ‘reluctantly’
Break down complex deals
Language:
• Make proposals with open questions such as:
“what would happen if we…?”
“suppose we were to…”
“what would be the result of?”
•Dealing with stone-walls: “what would need to
happen for you to be willing to negotiate over this?”
Always get agreement in writing

BA
BA LLB
LLB
(Seventh Semester)
(Seventh Semester)
Paper code-401
Paper code-401
UNIT-II
UNIT-II
Standing
StandingOrders
Orders
Learning outcomes
Define nature and concept of Standing Orders
Scope and coverage according to Industrial Employment Act 1946.

What is Certification Process?
•Procedure for certification according to the act
•Condition for certification
•Appeals against certification
•Date of operation of standing orders
•Posting of standing orders

Standing Orders
Definition of standing order
under section 2(g) of the act
Classification of workmen
e.g. Whether permanent
,temporary apprentices,
probationers.
Applicability of standing orders
 Application of the act

Applicable to all workmen employed before or
after its certification
Apply to workmen employed in industrial
establishments covered by various rules and
regulations.

.
Rules and Regulations of

industrial establishments.
1.The fundamental and supplementary rules
2.The civil service (classification control and
appeal) rules
3.The civil services (temporary service) rules
4.The revised leave rules
5.The Indian railway establishment code

.
Model standing orders

Prescribed under section 15 of the act
Model standing orders for industrial
establishments in coal mines (schedule1-A)
Applicable to all industries (schedule1-B)

.
Powers of certifying officers

and Appellate authority
He has all powers of a civil court for the purpose of
receiving evidence, administering oaths, enforcing
attendance of witnesses
Compelling the discovery and production of
documents and is deemed to be civil court within the
meaning of section 345 and 346 of the code of Cr.
Pc. 1973

.
Jurisdiction of certifying officer

To decide fairness and reasonableness of the
standing orders
To make enquiry as he may deem fit
Enquires should be in an integrated manner
so as to obviate any discrepancy between the
draft prepared by the employer and the
provision of this act.

BA
BA LLB
LLB
(Seventh Semester)
(Seventh Semester)
Paper code-401
Paper code-401
UNIT-III
UNIT-III
Resolution
Resolutionof
ofIndustrial
IndustrialDispute.
Dispute.
Learning outcomes
A dispute or difference between – employers and employers,
employers and workmen, workmen and workmen.
.The dispute or difference should be connected with – employment
or non employment, terms of employment, conditions of labour of
any person.
The dispute may be in relation to any workman or workmen or any
other person in whom they are interested as a body.

Settlement of industrial dispute
•Works committee.
•Conciliation Machinery.
•Court of Enquiry.
•Voluntary Arbitration.
•Adjudication : Labour Court, Tribunal
and National Tribunal.

Powers of Appropriate
Government.
The Central and State Government vested with
various powers and duties in relation to matters dealt
with in this act.
Industrial dispute as well as other disputes dealt by
appropriate government

Scope and object of the act
 Industrial relations legislations.

Industrial peace and economic justice
 Functions smoothly without any interruptions
Harmonious relationship between the labour
and the management
Aims at providing conditions congenial to the
industrial peace

.
Main features of the act

Any industrial may be referred to an industrial
tribunal.
An award shall be binding on both the parties to
the dispute for the specified period not exceeding
one year
Strike and lock-outs are prohibited .

.
Unfair Labour Practice

Violates the Directive Principles of State policy
contained in Article 43 of the constitution
Similar other provisions amounts to unfair
labour practice
Section 25 provides penalty for committing
unfair labour practice either with imprisonment
which may be extend to one thousand rupees or
with both.
.
Schedule of unfair labour

practice
Fifth schedule provides list of various activities
which may be regarded as unfair labour practices
The list is divided into two parts- one on the part of
employers and trade union of employees and other
on the part of workmen and trade unions of
workmen

.
Powers of Labour Courts and

Tribunals
It may follow such procedure it may think fit.
It can exercise the powers of a civil court in
respect of the following matters
a.Enforcing the attendance of any person and
examining him on oath
b. Compelling the production of document and
material objects.
c. Issuing commissions for examination of
witnesses
BA
BA LLB
LLB
(Seventh Semester)
(Seventh Semester)
Paper code-401
Paper code-401
UNIT-IV
UNIT-IV
Instruments
Instruments of
of Economic
Economic
Coercion
Coercion
Concept of Strike
Gherao
Bandh and Lock-out
Types of strike
Rights to strike and lock-outs
Illegal strikes and lock-outs
Justification of strikes and lockouts
Penalties for illegal strikes and lock-outs

Concept of Lay-off
•Retrenchment
•Transfer and closure
•Compensation to workmen in case of
transfer of undertaking closure
•Closure: Prevention and regulation
•Conditions: Precedent for
retrenchment

Special Provisions relating to
lay-off, retrenchment and
closures in certain
establishments
Application of chapter V-B according to section 25K
Definitions according to section 25L
Prohibition of lay-off according to section 25M
Conditions precedent to retrenchment of workmen
according to section 25N
Constitutionality
Chanderprabhuof amended
Jain section
College of Higher of 25O
Studies & School of Law
Penalties of the act
 Penalty for illegal strikes and lock-outs- section
26
Penalty for instigation etc- section 27
Penalty for giving financial aid to illegal strikes
and lock-outs-section 28
Penalty for breach of settlement –section 29
Penalty for disclosing confidential information-
section 30
Penalty for closure without notice –section 30A
 Penalty for other offences –section 31
.
Other offences according

to the act
Offences by companies etc
Domestic enquiry
Recovery of money due from an employer
Protected workmen
Protection of persons
Special provisions for adjudication as to whether
conditions of service etc ,changed during
pendency of proceedings

.
Strikes and Lock-outs

Prohibition of strikes and lock-outs.
General prohibition of strikes and lockouts
Illegal strikes and lock -outs
Prohibition of financial aid to illegal strikes and
lock-outs

.
Lay –off and Retrenchment

Application of sections 25C to 25E
Definition of continuous service
Right to workmen laid off for compensation
Duty of an employer to maintain muster rolls of
workmen
Workmen not entitled to compensation in certain
cases

.
Requisites of the act

Compensation to workmen in case of transfer
of undertakings
Conditions precedents to retrenchment of
workmen
Sixty days notice to be given of intention to
close down any undertaking
Procedure for retrenchment
Reemployment of retrenchment

.
THANK YOU


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Chanderprabhu Jain College of Higher Studies & School of Law

Plot No. OCF, Sector A-8, Narela, New Delhi – 110040

Chanderprabhu Jain College of Higher Studies & School of Law

“Negotiation is about getting the best possible deal in the

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

How to influence others

The three ‘Ps’:

Chanderprabhu Jain College of Higher Studies & School of Law

Factors for success

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

 Application of the act

Chanderprabhu Jain College of Higher Studies & School of Law

Rules and Regulations of

Chanderprabhu Jain College of Higher Studies & School of Law

Model standing orders

Chanderprabhu Jain College of Higher Studies & School of Law

Powers of certifying officers

Chanderprabhu Jain College of Higher Studies & School of Law

Jurisdiction of certifying officer

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

 Industrial relations legislations.

Chanderprabhu Jain College of Higher Studies & School of Law

Main features of the act

Chanderprabhu Jain College of Higher Studies & School of Law

Unfair Labour Practice

Schedule of unfair labour

Chanderprabhu Jain College of Higher Studies & School of Law

Powers of Labour Courts and

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

Other offences according

Chanderprabhu Jain College of Higher Studies & School of Law

Strikes and Lock-outs

Chanderprabhu Jain College of Higher Studies & School of Law

Lay –off and Retrenchment

Chanderprabhu Jain College of Higher Studies & School of Law

Requisites of the act

Chanderprabhu Jain College of Higher Studies & School of Law

Chanderprabhu Jain College of Higher Studies & School of Law

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