SVKM’s

NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES

MASTER OF BUSINESS ADMINISTRATION
Program: MBA Trimester: V
Course: Social Security Legislations Code:
Teaching Scheme Evaluation Scheme
Classroom Practical/ Tutorials
Credit Continuous Term End Examination
Session Group work Evaluation (TEE)
20 60% 40%
Course Rationale:
Many important labour enactments as well as amendments relating to labour welfare within the purview of
concept of social security and wages have been passed in India.

The course is designed to help the students understand the role and functions of the legal system and relevant
legislation in protecting social justice. It would also help to develop insight into protective, wage related and
social security labour legislations and also into various Supreme Court/High Court rulings applicable to
industrial organizations.

Course Objectives:
1. To develop legal knowledge and understanding as to how to apply various social welfare and protective
laws in organizations and undergo compliances;
2. To develop awareness of legal consequences of decisions in social welfare measures
3. To develop awareness of legal impact of decisions on social security measures ;
4. To develop and analyze rationale behind the social security laws and their enforcement related problems

Learning Outcomes:
As young business managers, the students will be able:
1. To analyze & evaluate the scope and extent of protective, wage related and social security legislations in
India
2. To appreciate the amendments that have taken place in protective, wage related and social security
legislations
3. To examine interpretations of statutes in the light of Supreme Court and High Court guidelines on wage
related issues and social security legislations
4. To meet compliances related to labour laws keeping statutory and judicial perspective in mind

Prerequisite(s):

Pedagogy:

Classroom discussions coupled with cases and experiential exercises

Textbook:
 Labour & Industrial Laws P.K. Padhi, PHI, New Delhi, 2016.

Reference Books:

 Labour Problems & Remedies, 9e, H.L. Kumar, Universal Law Publishing Company, New Delhi, 2010.
 Practice and Procedures of Labour Laws with Model Forms, H.L. Kumar, Universal Law Publishing
Company, New Delhi, 2012.
 Compliances Under Labour Laws, H.L. Kumar, Universal Law Publishing Company, New Delhi, 2012
Journals:

Links to websites:
 www.vakilno1.com
 www.livelaw.in
 www.indlaw.com
 www.lawsindia.com
 www.indialawjournal.com
 www.lawindiainfo.com
 www.indiaip.com
 www.indiankanoon.org
 www.legalindia.in
 www.legalserviceindia.com

Evaluation Scheme:
 Case Presentation 20 %
 Quiz I & II 20 %
 Assignments 20 %
 Term-End Exam 40 %
Total 100%

Session Plan:

Session Topic (including Learning Outcomes Pedagogical Tool Textbook

subtopics) Chapters &
Readings
1-2 Employees’ Student would be able Cases: Textbook
Compensation Act, to analyze conditions  Bharagath Chapter 12
1923 under which the Act Engineering vs.
 Objects and applies in cases of R.Ranganayaki and
Reasons; injuries to employees another 2000 SCC
Amendment Act, and calculate employee (L&S) 786.
2009; Scope and compensation as well  Mallikarjuna G.
Application; Hiremath vs. Branch
Definitions of Manager, Oriental
important terms; Insurance Co. Ltd.
 Employer’s Liability AIR 2009 SC 2019
for Compensation;  Saurashtra Salt Mfg.
Amount of Co. vs. Bai Valu
Compensation; Raju, AIR 1958 SC
Employees’ 881
Compensation  M/s Jai Raj Tex, Pali
Commissioners vs. Smt Anasi, 2016
LLR 204 (Raj HC)
3-4 Payment of Wages Act, Student would be able Cases: Textbook
1936 to appreciate legal  A.C. Arumugham Chapter 10
 Object: Time of conditions under which vs. Manager,
Payment of Wages; wages may be deducted Jawahar Mills Ltd.
Unlawful and fines applicable AIR 1956 Mad 79
Deductions;  Town Municipal
Authorized Council vs. PO,
Deductions; Labour Court
1969(1) SCC 873.
 Mode of payment;
 NRL vs. Nangal
Authority to hear
 claims; Amendment Fertilizers Workers
Act 2017. Union 2016 LLR
512 (P&H HC)
5-6 Minimum Wages Student would be able Cases: Textbook
Act,1948 to calculate minimum  Bijoy Cotton Mills Chapter 9
 Aims and Objects; wages and would Ltd. vs. State of
Application; understand the concept Ajmer AIR 1955 SC
Constitutionality of of minimum wage 33.
the Act; living wage and fair  Airfreight Ltd. vs.
 Scheduled wage and the statutory State of Karnataka
Employment; framework as to on 1999 SCC (L&S)
Wages; Fixing of what kind of industries 1185; U.Unichoyi v.
Minimum rates of the Act applies State of Kerala AIR
Wages; Different 1962 SC 12.
Concepts of Wages  Makavana
—Living Wage, Fair Kankuben
Wage; Need based Mangabhai vs. State
Minimum Wage, of Gujarat 2016 LLR
National Minimum 278 (Guj HC)
Wage, Procedure for
fixing and revising
minimum wages;
7-8 The Factories Act, 1948 Student would be Cases: Textbook
 Objects and reasons; gaining competencies  J.K. Industries Ltd. Chapter 15
Validity of Factories related to health, safety, and others vs. Chief
Act; Scope and welfare, leave related Inspector of
Applicability; provisions in factories Factories and Boilers
measures in regard to 1997 SCC(L&S)
health, safety,  Ardeshir
welfare and Bhiwandiwala vs.
employment of State of Bombay
young persons; AIR 1962
 Uttaranchal Forest
 Penalties and appeal; Development
Factories Act Corporation vs.
(Amendment) Bill 2016. Jabar Singh 2007 1
SCC (L&S)
 Barat Fritz Werner
Ltd. v. State of
Karnataka 2001 SCC
752.
 Hemant Nerurkar vs.
State of Jharkhand
2016 LLR 273 (SC)

9-10 ESI Act, 1948 Student would be Cases: Textbook

 Aims and object; gaining competencies  Kirloskar Brothers Chapter 13
Extent and related to Insurance Ltd. vs. ESI
application; deductions and Corporation1996
Administration of statutory provisions SCC (L&S) 533
the Act; Medical related to that  Transport Corp. of
Benefit Council; India vs. ESI Corp.
 Employees State 2000 SCC (L&S)
Insurance Fund 121.
Obligations Of  Whirlpool of India
Employers; Ltd. vs. ESI Corp.
Employees Insurance 2000 SCC (L&S)
 Court; Appeal; 326.
Amendment 2016  Anand Kumar V.
and ESI Rules ESI Corp. AIR
Amendment 2017; 19966 SC 921.
Maternity Benefit  Royal Western India
(Amendment) Act Turf Club Ltd. V.
2017 ESI Corporation
2016 LLR 437 (SC)
11-12 The Employees’ Student would be aware Cases: Textbook
Provident Funds and and would be capable  Mohammad Ali and Chapter 14
Miscellaneous to comply with PF, others. Union of
Provisions Act, 1952 Pension and EDLI India AIR 1963 SC
 Aims and objects; schemes and statutory 980.
extent and provisions related to  Balbir Kaur vs.
application; that. SAIL, 2000 SC
constitutional (L&S) 767
validity ; important
definition; procedure
for deposit of
compensation;
central and state
boards;
 Employees’ Pension
Scheme; Employees’
Deposit-linked
Insurance Scheme;
Employees’
Provident Funds
Appellate Tribunal;
Appeals to tribunal;
Penalties;
Amendment 2016.

13-14 The Payment of Bonus Student would be able Cases: Textbook

Act, 1965 to gain competencies  Associated Cement Chapter 5
 Extent and related to payment of Company Limited.
application; statutory bonus and V. Their Workmen
eligibility for bonus; dispute handling related AIR 1959 SCA.C.
disqualification for to that Arumugham V.
bonus; payment of  Manager, Jawahar
minimum and Mills Ltd. AIR 1956
maximum bonus; Mad.79
 Computation of  Automobile
number of working Karmchari Sangh vs.
days; set on and set Industrial Tribunal
off of allocable 1971 922 FLR 98
surplus;
Amendments  Himanchal Pradesh
State Electricity
Board v. Ranjeet
Singh, 2008 LLR
765 (SC)
15-16 Contract Labour Student would be able Cases: Textbook
(Regulation and to gain clarity and  Secretary, Haryana Chapter 3
Abolition) Act, 1970 competencies related to State Electricity
 Object, Contract labour law and Board vs. Suresh and
Commencement and judicial decisions others 1999 SCC
Application related to that (L&S) 765.
  Constitutional  SAIL vs. National
validity Union Water Front
 Prohibition of Workers, 2001 (91)
employment of FLR 182 and Air
contract Labour India Statutory
 Liability of principal Corporation v.
employer in certain United Labour
cases licensing of Union, 1997 LLR
contractors 288: 1997 (1) LLJ
1113 (SC)
 Haldia Refinery
Canteen Employees
Union & Others vs.
 Indian Oil
Corporation
Limited(2005) 5
SCC 51; Gujarat
Electricity Board,
AIR 1995SC 2942 &
Dena Nath case
(1991)
17-18 Payment of Gratuity Student would be able Cases: Textbook
Act, 1972 to understand and gain  Lalappa Lingappa Chapter 6
 Extent and capability to calculate vs. laxmi Vishnu
Application gratuity as well gain Textile Mills,1981 1
 Payment of Gratuity competency on LLJ 308
(Amendment Act) statutory provisions  B.K. Kale vs.
2010 Definitions relate to forfeiture of Karnataka State
 Continuous service gratuity Road Transport
 Payment of gratuity Corp., 1999 I LLJ
 Determination of 932.
amount of Gratuity  Ahmedabad Primary
Protection of Teachers Assn vs.
Gratuity Administrative
Officer 2004 SCC
(L&S) 306.
 Sudhir Chandra
Sarkar vs. TISCO
Ltd. 1984 SCC
(L&S) 540.
19-20 Module IX (Session 19- Student would be able Discussion Bare Act.
20) : Shops and to gain awareness on
Establishments: What laws relating to Shops
the law says; Karnataka and Establishments,
Shops and meaning of Shops and
Establishments Act, Establishments and
1961, Apprentices Act statutory provisions
1961 Overview related to that