DR SHAKUNTALA MISHRA NATIONAL REHABLITATION UNIVERSITY

FACULTY OF LAW

NAME OF COURSE- LABOUR AND INDUSTRIAL LAWS, LLB-902

B.COM LL.B (HONS) IXTH SEMESTER

NAME OF FACULTY- MS. SHAMBHAVI UPADHYAY

COURSE OBJECTIVE

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 course aims to give student an insight into the mechanics of socio-legal
control of labour relations and awareness of the history, the present norms, the emerging areas and
possible future techniques of labour jurisprudence.

UNIT-1

Historical perspective on labour, colonial Labour Law and policies, theories of labour and surplus value
constitutional provisions, State recognition of Industrial Relation, tripartism, Industrial disputes Act
1947, definition of industry, industrial dispute, workmen ,award ,settlement ,strike, retrenchment,
layout, Lockout, public utility services, authorities under act, reference of dispute to authorities ,power
and duties and unfair labour practices.

UNIT-2

Trade unions act 1926 labour management relation in history and development of trade union
movement in india, Registration of trade union, rights and liabilities of registered trade union, penalties
and procedure, collective bargaining, Industrial employment (standing orders) Act 1946, concept and
nature of standing orders, certification process, procedure, appeals against certification, enforcement of
standing orders.

UNIT-3

Factories Act 1948: definitions:- Factory, manufacturing process, worker, occupier, general duties of an
occupier, measures to be taken in factories for health safety and welfare of workers, working hours of
adult, employment of young person and children, annual leave and wages, additional provisions
regarding regulating employment of women in factories. Minimum wages act, minimum wage, fair
Wage and living wage, constitutional validity of minimum, wage procedure for fixation and revision of
minimum wage, Payment of wages Act, responsibility for payment of wages.

UNIT-4
Workmen compensation Act, evolution and concept of social security, schemes of social security
,definition ,liability of employer, notional extension and defences, Determination of amount of
compensation, compensation due, penalty for default and contracting out, Maternity Benefit Act,
definition, restriction on employment, right to Maternity Benefit ,medical bonus ,leave, dismissal during
pregnancy forfeiture of Maternity Benefit, leave for miscarriage, penalties for contravention of act by
employer and cognizance of offence.

COURSE OUTCOMES:

At the end of the course, a student will be able to understand

• Development and the judicial setup of Labour Laws.

• The salient features of industrial disputes and trade unions power and functions.
• the laws relating to Industrial Relations, Working conditions and industrial discipline
• Resolve the labour welfare problems and Students will learn the laws relating to Social Security,
wages, maternity benefit etc.

Select bibliography

John Bowers and Simon Honeyball, Text Book on Labour Law (1996), Blackstone, London

Rao.S.B., Law and Practice on Minimum Wages (1999) , Law Publishing House, Allahabad

Seth.D.D., Commentaries on Industrial Disputes Act 1947 (1998), Law Publishing House, Allahabad

Indian Law Institute, Labour Law and Labour Relations (1987)