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B.A. LL.B. (Hons) and B. Com. LL. B. (Hons)

COURSE SYLLABUS

3. LABOUR LAW - I

The Relevance & Objective:

“Labour is prior to, and independent of, capital. Capital is only the fruit of labour, and could never have
existed if labour had not first existed. Labour is the superior of capital, and deserves much the higher
consideration”.

Abraham Lincoln’s First annual message to Congress, December 3, 1861

Harmonious relations in every sphere of human activity are essential for the socio-economic and
political progress. But increasing complexity of the modern industrial system had tended constantly
to widen the gap between those who own and manage the industry and those who work for it. This
gap gives rise to conflict in labour-management relations, resulting in the fall in production and
hardship to the community. The developmental perspective of ILO is reflected when it views
labour not as a commodity but as a factor of production. Protection of labour is a constitutional
mandate. A constitution inspired by the vision of social justice is committed to the cause of
upliftment of labour. Well balanced industrial development leads to increased productivity which in
turn is a factor of national progress. Labour makes significant contribution in this respect.
The march of the industrial society from laissez faire era to the dawn of the concept of welfare state
and the need for state intervention in the area of employer-employee relationship has led to the
introduction of legislations like The Trade Unions Act,1926, The Industrial Disputes Act,1947,and
the Industrial Employment(Standing Orders )Act,1946which regulate the industrial relations at the
Central level in India.
In this context, the study of labour law is not to be confined to mastering of the enactments and
regulations relating to the employment of the work force. Students are to be acquainted with the
Industrial relations framework in our country. The discussion on each legislation encompasses the
historical developments and its implications, the international mandates comprising of ILO and the
UN Conventions, analysis of the legislative goal in the backdrop of the Constitution of India, the
analyses of the Act and its efficacy in the globalised era, its critical evaluation, the public policy and
debates surrounding the issues and supportive cases on relevant aspects.
The course is intended to instill sensitization on the subject with effective and detailed history and
analysis of the legislative law, followed by judicial law and ending up at a convergence with the
academic law stressing on the emerging areas and possible future techniques of labour
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jurisprudence.
Pedagogical Methods: Class room Lecture, Discussions, Case studies and assignments

Course outline and Teaching plan

INTRODUCTION TO INDUSTRIAL JURISPRUDENCE MODULE - I

UNIT-I

Evolution of Labour Jurisprudence, Introductionand historical development of Labour

Lawthe significance of labour Jurisprudence in the present globalised world, Philosophy of Labour
Relations and Labour Welfare, England and the Industrial Revolution, Emergence of Textile
Industry, Industrialization and the emergence of modern working class in India, Contract ‘for’ and
‘of’ service-Laissez faire State ,freedom of contract-Welfare State. [

UNIT-II
The evolution of ILO and its mandates- Introduction of the ILO, Aims and Objectives of the
ILO, Constitution and organs of the ILO, Ratification of ILO Conventions, Significance of ILO in
the Labour Jurisprudence, ILO and India .
UNIT -III
Constitution of India and Labour Protection-Fundamental Rights-Protection against
exploitation, Beneficial interpretation of labour rights under Article 21,Prohibition of traffic in
human beings and forced labour [A. 23],Prohibition of employment of children in factories, etc [A.
24]Directive Principles of the State Policy-Certain principles of policy to be followed by the State
[A.39],Equal justice and free legal aid [A. 39A],Right to work in certain cases [A. 41] Just and
humane conditions of work and maternity relief [A. 42],Living wage, etc., for workers [A.
43],Participation of workers in management of industries [A. 43A]- Judicial activism in Labour
issues in India-The trend pre 1990 and post 1990(15 hours)

THE TRADE UNIONS ACT, 1926 MODULE - II

UNIT-IV
Origin and Theories of Trade Unionism, Colonial India, Industrialisation And Unionisation-The
Period From 1600-1947 - History and Development of Indian Trade Union Movement, Early
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Legislations on Labour, ILO Conventions and Recommendations-Concept of Collective

Bargaining-Trade Unionism in India
Indian Constitution and Right to Association-
The ILO’s freedom of Association-standards and machinery
Statutory Protection of Trade Unions- Strikes of Buckingham and Carnatic Mills-Civil and Criminal
Immunities of Registered trade unions–British Jurisprudence on immunities of Trade Unions,
Trilogy of House of Lords Cases, Notion of Closed Shop / Union Shop

UNIT -V
Trade Unions Act,1926, Royal Commission on Labour,1929Report of the National Commission on
Labour,1969,Definition of Trade union and Trade dispute, Legal status of registered trade union,
General and Political funds of trade union,
UNIT-VI
Registration of trade unions- Mode of registration, Powers and duties of Registrar, Cancellation and
dissolution of trade union, Procedure for change of name, Amalgamation and dissolution of trade
union, Disqualifications of office-bearers, Right and duties of office-bearers and Members,
Immunity from Civil Liability and criminal liability (Sec.17,18&19)

Significance of Registration and Recognition- Recognition of trade union, Multiplicity and

Recognition of Trade Unions-The debates as to the unenforced amendments to the Trade Unions
Act- The existing incongruities-Debates and Practices

Unfair Labour Practices and victimisations relating to Trade Unions in India, The Trade Unions
(Amendment) Act, 2001-Significance and implications(10 hours)

INDUSTRIAL DISPUTES ACT, 1947 MODULE - III

UNIT -VII
Object and applicability of the Act- A contextual Framework
Definition of Appropriate Government –Industrial Disputes and State Intervention – Role and powers
of appropriate government in referring Industrial disputes.
Definition of Industry - Evolving the meaning of Industry through Judicial decisions- The debates as
to the unenforced 1984 Amendments to the Industrial Disputes Act.
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Understanding Industrial Dispute- Concept and scope of individual and industrial disputes, Nature
and Causes-Interpretations on deemed industrial dispute and 2010 Amendment implications on
access to justice in individual disputes.
Definition of Workmen – Interpreting the Definition and its ingredients- Any person concept,
Recommendations of Second National Commission on Labour .
Public Utility Service- Definition, significance and Regulations
Dispute Resolution Mechanisms and Authorities under Industrial Dispute Act, 1947
Works Committee, Conciliation Officer, Board of Conciliation, Court of Enquiry, Labour Court, Industrial
Tribunal and National Tribunal and Arbitration - Composition, Powers, Duties and jurisdiction of the
authorities,Procedure to be followed by the authorities
Award - Nature of award. Operation of Award, Implementation/enforcement of Award, and
Amendment to award already passed.
UNIT- VIII
Instruments of economic coercion-Distinguishing Strike, Picketing, Gherao Bandh etc. Strike and
Lockout- Types of strike, Rights to strike and Lock-out, General Prohibition of strikes and lock-
outs, Prohibition of strikes and lock-outs in public utility services, Illegal strikes and lock-outs,
Justification of strikes and lock-outs ,Implications of strike and lockout on wages-Penalties for
illegal strikes and Lock-out, pertinent Judicial decisions.
Labour Flexibility in India, ILO on termination of employment Convention no.58&
Recommendation No.119, Job Losses- Concepts of Lay-off, Retrenchment- Their meaning,
Difference between lay-off and Retrenchment their application, necessary preconditions for their
application, Judicial decisions on lay off and retrenchment, lay-off and retrenchment compensation,
special provisions relating to lay-off, Legislative And Judicial interventions in regulating
retrenchment in different phases, retrenchment and closure in certain establishments, penalty and
punishment for illegal lay-off or retrenchment, consequences of illegal lay-off or retrenchment-
Closure-case laws, Legislative History of Sec.25-O,Comparing Chapter V –B, and Transfer
UNIT-IX
Adjudication of Industrial Disputes Relating to Discharge or Dismissal of Workmen-Pre and Post
Sec.11A, Change in Working Conditions(Sec 9A) and Question of pendency(Sec 33 Regulation of
Managerial Prerogatives,33A),Recovery of money due from an Employer
Unfair Labour Practices
Concept of Protected workmen-The challenges posed by economic liberalization
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Industrial Disputes (Amendment) Act, 2010- Significance and implications,Discussions on

proposed Labour Code on Industrial Relations,2019( 30 hours)

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

MODULE - IV

UNIT- X
Significance and nature of standing orders, Scope and coverage of the Industrial Employment
(Standing Orders) Act, 1946

Certification process, procedure for certification, Appeals against certification, Condition for
certification, Date of operation of standing orders, Building nature and effect of certified standing
orders, Posting of standing orders, Modification and temporary application of model

Standing Orders- Interpretation and enforcement of Standing Orders, Departmental enquiry-

Domestic Enquiries-Penalties and procedure, the practical implications of Standing orders.
(10 hours)
Discussion on Industrial Relations Code, 2019
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CONTRACT LABOUR (REGULATUON AND ABOLITION)ACT, 1970 MODULE -V

UNIT-XI
Contract Labour-Sec 10-Abolition of contract labour-parameters for deciding on abolition of
contract labour-Implications of abolition of contract labour system.(10 hours)

Suggested Readings: (List of books is not exhaustive)

1. Susan Hayter, The Role of Collective Bargaining in the Global Economy: Negotiating for Social
Justice
2. Kamala Sankaran, Freedom of Association in India and International Labour
Standards,2009,ButterworthsWadhwa,Nagpur
3. Engels, The Conditions of the Working Class in England,1973,progress Publishers, Moscow pp.41-
58,67-72
4. Jawaharlal Nehru, The Discovery of India,(2004)Penguin Books, India pp.320328
5. O. P. Malhotra: The Law of Industrial Dispute,Vol.2, 6th ed.2004, Lexis Nexis Butterworths,
Delhi
6. V.G.Goswami, Labour and Industrial Laws, 1999
7. John Bowers & Simon Honey Ball, Text Book on Labour Law (1996) Blackstone, London
8. P.L. Malik, “Industrial Law” Lucknow, Eastern Book Co., 1995.19th edition reprinted 2006
9. K.M.Pillai, Labour and Industrial Laws
10. Dr. S.K.Puri, Labour and Industrial Laws (New Ed.)
11. D.D.Seth, Commentaries on Industrial Disputes Act,
12. Bhargava, V B:Industrial and labour laws / V B Bhargava and Anita Bhargava Lucknow: Vinod
Law Publications, 1994.
13. Lakshmanan, A R: Service and labour laws / A R Lakshmanan For By B Sudershan Reddy,
B S Chauhan and Salman Khurshid . - Delhi: Universal Publishing Co. Pvt.Ltd., 2011.
14. Pai, G B: Labour law in India Vol. I / G B Pai . - New Delhi: Butterworths India, 2001.
15. Saharay, H K: Industrial and labour laws of India / H K Saharay . - 3rd Ed Calcutta: New
Central Book Agency Pvt .Ltd., 1993.
16. Srivastava, S C Industrial relations and labour laws / S. C Srivastava . - 4t Rep Ed . - New
Delhi: Vikas Publishing House Pvt. Ltd., 2012.
17. S.N.Misra, Labour and Industrial Laws, Central law publication-22nd edition. 2006.
18. Collective Bargaining-Selected Readings ed., by Allan Flanders
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19. Ram Sakal Singh and Champa Singh, Indian Communism, Its Role towards Indian Polity,1991,Mittal
Publications, New Delhi
20. Babu Mathew, Introduction to the monograph on Recognition of Trade Unions, University
Law College,1988,Bangalore
21. The Report of the Labour Investigation Committee,1946
22. The Report of the National Labour Conference,1969
23. The Report of the National labour Conference,2002
24. V.V.Giri, Labour Problems in Indian Industries,edn.,1958,Asia Publishing House
25. 122nd Law Commission Report
26. International Labour Conventions and Recommendations.

Prescribed Legislations:
The Trade Unions Act, 1926
The Industrial Employment (Standing Orders) Act, 1946
Industrial Dispute Act, 1947
Contract Labour(Regulation &Abolition Act) 1970

Web References :
Labour Ministry Government of India, http://labour.nic.in
ILO Conventions and Recommendations- www.ilo.org.
Evaluation
Mid Semester Examination 20 marks
Viva/Project Paper 5+ 10 marks ) 15 marks(Subject to change)
Continuous Evaluation 15marks
End Semester Examination 50 marks

Total 100 marks

Scheme of Mid Term & End term examination:

Factual questions (Applying law into the facts), essay type questions and comprehensive questions.
Total -60 marks

Guidelines for Project Assignment:

1. Word Limit: 4000-5000 words

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2. The contents: The project on each specific topic shall consist of Historical component,
International mandates on the topic, the Constitutional perspective, the legal framework,
judicial decisions, the policy implications, the challenges faced in its enforcement,
recommendations from expert bodies like NCL and the way forward with proposals. Field
work for suitable topics is highly appreciated.
3. Expression of analysis, arguments and suggestions/proposals in one’s own words will be
appreciated.
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