LABOUR LAW II

SOCIAL SECURITY AND LABOUR WELFARE

Course Teachers:

Module I: Introduction

 Concept of Social Security

 Social Security and Labour Welfare in India
 Pre-Independence Era and Post Independence Era
 Indian Constitution and the concept of Social Security.

Module II: Employee’s Compensation Act, 1923

 History and Evolution of the Act

 Meaning of Compensation, Wage, Workman, Dependants, Employer
 Partial Disablement, Total Disablement,
 ‘Arising out of’ and ‘in the course of employment’,
 Notional Extension, etc.
 Liability of the Employer: In case of Personal Injury, In case of Occupational Disease
 Compensation Commissioners: Appointment, Powers and Functions.

Module III: Employees Provident Funds and Miscellaneous Provisions Act, 1952

 Object and Scope

 Definitions
 Provident Fund Schemes
 Authorities under the Act.

Module IV: Employees State Insurance Act, 1948

 Object and Scope

 Evolution and objects of the Act
 Meaning of Factory, Principle Employer, Employee, Dependant, Insured Person,
Employment Injury, etc.
 Benefits under the Act: Sickness benefit, Maternity Benefit, Disablement Benefit,
Dependent’s Benefit, Medical Benefit, Funeral Expenses.
 Employee’s State Insurance Corporation - Dispute and Claim Settlement under the Act

Module V: Maternity Benefit Act, 1961

 Nature and Scope of the Act

 Restrictions on Employment of Women
 Right to Maternity Benefit and its Calculation
 Entitlement and Forfeiture of Maternity Benefit
 Other benefits under the Act
 Inspectors under the Act: Powers, Functions and Duties
Module VI: Minimum Wages Act, 1948

 Minimum Wages Act, 1948- Meaning of ‘wage’ under the Act

 Procedure for fixing Minimum wage
 Obligation of employer to pay minimum wage
 Authorities and Remedies under the Act

Module VII: Payment of Gratuity Act, 1972

 Evolution and Scope of the Act

 Meaning of Employee, Employer, Continuous Service, etc.
 Conditions for Payment and Forfeiture of Gratuity
 Computation of Gratuity
 Authorities under the Act and their powers and functions.

References:

Statutes:

Workmen’s Compensation Act, 1923

Employees Provident Funds and Miscellaneous Provisions Act, 1952
Employees State Insurance Act, 1948
Maternity Benefit Act, 1961
Minimum Wages Act, 1948
Factories Act, 1948
Payment of Gratuity Act, 1972

Books:

Anil Kumar, Social Security and Labour Welfare, Deep & Deep Publications, 2003
SN Mishra, Labour and Industrial Laws, 25th Edn.-2009, Central Law Publications,
Allahabad.
K M Pillai, Labour and Industrial Law, 10th Edn- 2005, Allahabad Law Agency, Allahabad.
Dr. V G Goswami, Labour Industrial Laws, 8th Edn. – 2004, Central Law Agency, Allahabad.

G M Kothari, A Study of Industrial Law, 5th Edn.-2000, Wadhwa and Co., Nagpur.

S M Chaturvedi and Dr. Indrajeet Singh, Labour and Industrial Laws, 13th Edn.-2006, Central
Law Agency, Allahabad.

Reports:

Law Commission of India 62nd Report on Workmen’s Compensation Act, 1923