[LW4012]- Labor Code I (Semester- VIII/ paper- 1)

Credits- 4 Total class hours- 72 hours (including tutorials and proctors)

Course Description

This course is to draw attention of the students briefly to 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 for achieving higher economic growth tempered
with social justice; need for which is more imperative in the present day era of globalization
when both developed and developing economies have framed new economic policies. The
course of Labor Code - I have been designed to generate understanding amongst the students
about the objectives of the labor legislations and enable them to critically examine the
developments and changes that have taken place in the field of labour law from time to time. The
course introduces the students to the important legislations, viz. The Industrial Relation
Code,2020 and Code on Social Security,2020 which regulate industrial relations at the Central
level in India. Two of the codes from the newly enacted four codes are covered under Labour
Law - I syllabus.
(The Syllabus will be Applicable When the New Labour Code will be Implemented)

LEARNING OBJECTIVES

The primary objectives of this course are:

1. To familiarize the students with the need for enactment of the Industrial Relation
Code,2020 which declares trade unions as legitimate bodies, provides immunities to the
registered trade unions, their members and office bearers against the general law
liabilities, namely, restraint of trade and conspiracy, both civil and criminal, as long as
the primary object is to further legitimate trade union objectives in a peaceful manner.

2. To familiarize the students with the provisions of the Industrial Disputes under Industrial
Relation Code,2020 which provides for settlement of industrial disputes through
conciliation, voluntary arbitration and compulsory adjudication and to bring home to the
 students the importance of the basic concepts used in it and the social responsibilities
imposed on the employer in certain situations in tune with constitutional mandate brought
about by various amendments to the act in the post-constitutional period.

3. To familiarize the students with the structure and functionality of ILO and its
Conventions/Recommendation ratified by India

4. To examine whether the present legal framework provided by the state is adequate to
meet the challenges of globalization and to keep the students abreast of the latest
developments in the present economic order and discuss critically the resultant changes
that need to be made in industrial relations law for achieving higher economic growth
tempered with social justice.
5. To make them aware about the Social Security Benefit for Labour under Code on Social
Security,2020
TEACHING METHODOLOGY

Teaching would be primarily done by means of Socrates method. There will be few group works,
discussions, project work, and project presentations. In addition to readings, case laws and notes
in the text, materials from the web shall be employed to provide one with source documents and
commentaries concerning the development and articulation of the principles underlying the study
of Labour Law. One is expected to become familiar with these principles, to be able to extract
those principles from the cases studied, and be able to apply those principles in a reasoned and
disciplined manner to factual situations. Final Grades will be based upon the attendance of the
student, as well as his/her performance in, class discussions, written assignments, research papers
and the final examination.

MODULE 1: Historical perspectives on Labour Law, Labour Jurisprudence and Industrial

Relations
This module is a preparatory unit where an effort will be made to elucidate the students a fairly
good idea about the very fundamental question of evolution of Labour Law and introduce to
them some basics of this debate and matters related thereto.
1.1 Importance of Labour Law
1.2. Meaning of Industrial Jurisprudence
1.3. From Laissez faire to welfarism and to globalization: transition from exploitation to
Protection and from contract to status: changing perspectives on labour.
1.4. Concept of Industrial Relations: Factors affecting industrial relations, Importance of
Industrial Relations
1.5. Growth of Industrial Relation Legislation, Constitutional Framework and Industrial
relations, Concept of collective bargaining and Tripartism.
Course take away - Changing Dimension of Labour Law
Skill Development component- The students would be able to understand the importance and
need of Labour Law.
Number of Hours - 12
MODULE 2: INTERNATIONAL LABOUR ORGANISATION
This module has been designed with the motive to give the students an idea about comparative
law in order to better understand Labour Legislations in India. The aim is to recognize how the
legal traditions of International order can enrich your knowledge. It is true that every state has its
own Labour Law but in the era of globalization there are legal situations that often touch more
than one state. Having good understanding of the International Perspective would also enable the
students to appreciate the diversity of legal systems in the world and the implications of that
diversity in our legal system.
2.1. International Labor Organization: Genesis, development and dimensions,
2.2 aims and objectives of ILO
2.3 Organs of the International Labor Organization (i) The International Labour Conference (ii)
The governing Body (iii) The International Labour Office (iv) The Regional Conferences and
Industrial Committees, their composition, functions, etc.

2.4: The I.L.O Legislative Procedure, Conventions, Recommendation, The I.L.O. Standard and
Indian ratification, I.L.O. Conventions and
2.5: Indian Labour Legislation with special reference to Labour welfare Social Security, Human
Rights and Social Justice, Technical Assistance, I.L.O. and Appraisal with special reference to
India.
Course take away - Scope and Function of International Labour Organization
Skill Development component- The students would be able to understand the role of ILO in the
development of Labour Law and its practical implications.
Number of hours - 10
MODULE 3: INDUSTRIAL RELATIONS UNDER THE INDUSTRIAL LAW:
CHANGING PROSPECTIVE OF INDUSTRIAL LAW
The module is designed for students to understand the Industrial dispute and entire legislative
mechanism to deal with legislative system. Newly Enacted IRC.2020 is also incorporated in the
syllabus.
3.1 Definition: Appropriate Government, Industry, Industrial Dispute, Employer,
Workmen, Wages.

3.2 Strike and Lockout: Meaning thereof. Legal and illegal strikes and lockouts, Justified
and unjustified strikes and lockouts, Strike and lockout in public utility services and
other industries, Financial aid and instigation of illegal strikes as an offence, prohibition
of strikes and lockout by appropriate Government after reference of dispute for
adjudication or arbitration. Distinction between lockout and closure, strike and lockout,
Concept of Gherao.

3.3 Lay-off and Retrenchment: Their meaning, Difference between lay-off and
Retrenchment their application, necessary preconditions for their application,, when lay-
off and retrenchment compensation, special provisions relating to lay-off, retrenchment
and closure in certain establishments, penalty and punishment for illegal lay-off or
retrenchment, consequences of illegal lay-off or retrenchment.

3.4 Penalties: Penalty for illegal strikes and lock-outs, Penalty for instigation, Penalty for
giving financial aid to illegal strikes and lock-outs, Penalty for breach of settlement or
reward, Penalty for disclosing confidential information, Penalty for closure without
notice, Penalty for other offenses.
3.5 Industrial Dispute under Industrial Relation Code,2020
Course take away - Purpose and Scope of Industrial Code
Skill Development component - The students would be able to understand thePractical
implication of Industrial law and mechanism of Lay off/Retrenchment.
Number of Hours - 14
MODULE 4: JUSTICE SYSTEM UNDER THE LABOUR LEGISLATION
The module is designed for students to understand the Justice System under Labour Law to deal
with the various disputes of Labour Law.
4.1. Works Committee, Conciliation Officer, Board of Conciliation, Court of Enquiry, Labour
Court, Industrial Tribunal and National Tribunal
4.2 Arbitration, their composition, powers, and duties,
4.3 different modes of settlement
4.4 Distinction between conciliation, arbitration and adjudication, their merits and demerits,
compulsory and voluntary arbitration.
4.5 Award Nature of award. Operation of Award, Implementation of Award.
Course take away - Dispute Resolution Mechanism under Labour Law
Skill Development component - The students would be able to understand various case study
and rules/regulations regarding justice system.
Number of Hours - 10
MODULE 5: TRADE UNIONS UNDER INDUSTRIAL LAW
The module is designed for students to understand the Trade Union and entire legislative
mechanism to deal with legislative system. Newly Enacted IRC.2020 is also incorporated in the
syllabus.
5.1 Representation of parties: The role of the Trade Unions in Modern Industrial Society of
India, Trade Union of Employers and Workers, their forms and types in India; Intra Union
and inter-union rivalries, Trade union movement vis-a-vis Rural Labour.
5.2 Registration of Trade Unions: Procedure for registration of Trade Union, Grounds for
withdrawal and cancellation of registration, Rights and liabilities of a registered Trade Union,
Difference between a registered and a recognised Trade Union
5.3 - How general fund of registered Trade Union be utilised, Political fund of a registered
Trade Union, Requirements to become member or the office-bearer of a registered Trade
Union, change of name and amalgamation of Trade Unions and their consequences,
Penalties for offences of trade unions, powers and duties of Registrar towards Trade Unions.
5.4 Recognition of Trade Unions, Civil and Criminal liabilities of Trade Unions.
5.5 Trade Union under Industrial Relation Code ,2020
Course take away - Purpose and Function of Trade Union
Skill Development component - The students would be able to understand the Practical
implication of Industrial law and mechanism of Trade Union.
Number of Hours - 7
MODULE 6: SOCIAL SECURITY LEGISLATION
The module is designed for students to understand the Social Security and entire legislative
mechanism to deal with legislative system. Newly Enacted CSS.2020 is also incorporated in the
syllabus.
6.1 Doctrine of Added Peril and Doctrine of Notional Extension
6.2 Employee's Compensation: Aims Objective and Scope; Definition Substantive and
Procedural Provisions regarding Compensation; role of Workmen's Compensation
Commissioner
6.2. Employees State Insurance: Aims, Objectives and Scope; Definitions Corporation,
Standing Committee and Medical Benefit Council, Contribution Kinds of benefits and eligibility,
Conditions, Adjudication of Disputes and claims
6.3. Employees Provident Funds: Aims, Objectives and Scope, Definitions Central Boards and
its Role Provident Fund Scheme; Deposit Linked Insurance Scheme; Family Pension Scheme
Maternity Benefits Act, 1961: Aims, Objective and Scope Admissible Benefits and Eligibility,
Criteria and Forfeiture; Role of Inspector

6.4 Social Security under The Code On Social Security, 2020

Course take away - Purpose and Functionality of Social Security Legislation

Skill Development component - The students would be able to understand the Practical
implication of Social Security legislation with various case law.
Number of Hours - 7
Case References:
 Management of Chandramalai Estate v. Its Workmen, AIR 1960 SC 902
 Gujarat Steel Tubes Ltd. v. Gujarat Steel Tubes Mazdoor Sabha (1980) 2 SCC 593 : (1980)
1 LLJ 137 (SC)
 B.R. Singh v. Union of India (1989) 4 SCC 710
 Syndicate Bank v. K. Umesh Nayak (1994) 5 SCC 572
 Essorpe Mills Ltd. v. P.O.; Labour Court (2008) 7 SCC 594
 Mohan Lal v. The Management of M/s. Bharat Electronics Ltd., AIR 1981 SC 1253
 Punjab Land Development and Reclamation Corporation Ltd. v. Presiding Officer, Labour
Court (1990) 3 SCC 682 217
 State of Rajasthan v. Rameshwar Lal Gahlot, AIR 1996 SC 1001
 Uptron India Ltd. v. Shammi Bhan, AIR 1998 SC 1681
 S.M. Nilajkar v. Telecom. District Manager, Karnataka (2003) 3 SCALE 533
 The Workmen of Fire Stone Tyre & Rubber Co. Pvt. Ltd. v. Fire Stone Tyre & Rubber Co.
Pvt. Ltd. (1976) 3 SCC 819 : AIR 1976 SC 1775
 Orissa Textile and Steel Ltd. v. State of Orissa, AIR 2002 SC 708
 U.P. State Brassware Corporation Ltd. v. Uday Narain Pandey (2006) 1 SCC 479
 Rangaswami v. Registrar of Trade Unions, AIR 1962 Mad. 231
 The Tamil Nad Non-Gazetted Government Officers’ Union, Madras v. The Registrar of
Trade Unions, AIR 1962 Mad. 234
 Registrar of Trade Unions v. Government Press Employees Union (1976) Lab 1C 280
(Mad.)
 Tirumala Tirupati Devasathanam v. Commissioner of Labour (1995) Supp.(3) SCC 653

TEXT BOOKS (3 BOOKS)

 Mishra, S.N., ‘Labour and Industrial Laws’, 28th Edition, Central Law Publications, 2016.
 Saharay, H.K., ‘Textbook on Labour and Industrial Law’, 7th Edition, Universal Law
Publishing co., 2017.
 Singh Avtar and Harpeet Kaur, ‘Introduction to Labour and Industrial laws’, 4th Edition,
Lexis Nexis Publications, 2017.
REFERENCE BOOKS :( 6 REFERENCE BOOKS )
 Shrivastav , S.C. Social Security and labour Law
 Mahesh Chandra : Industrial Jurisprudence
 N. Vaid Nathan : International Labour Standards
 Indian Law Institute - Labour Law and Labour Relations(1968)
 V.V. Giri, Labour Problems in Indian Industry(1972)
 Srivastava,S.C.: Treaties on Social Security
RESEACHED ARTICLE RFERENCE
 K.R. Shyam Sundar, No Dialogue with Trade Unions, India's Labour Laws Are Now a
Product of Unilateralism, The Wire, 7th June 2020.
 G. Sampath, A Supreme Court judgment poses an old question to India’s labour movement:
how to unionise contract workers, The Hindu, 2016.
 Shukla K, Purohit M, Gaur SP. Studying ‘Make in India’ from the Lens of Labour
Reforms. Management and Labour Studies. 2017;42(1):1-19.
doi:10.1177/0258042X17690842
 Karani A, Panda R. ‘Make in India’ Campaign: Labour Law Reform Strategy and Its Impact
on Job Creation Opportunities in India. Management and Labour Studies. 2018;43(1-2):58-
69. doi:10.1177/0258042X17753177
 Ramapriya Gopalakrishnan,Changes in Labour Laws Will Turn the Clock Back by Over a
Century, THE WIRE, 2020

Module Skill Component

Module 1: Historical perspectives on

Research paper Writing
Labour Law, Labour Jurisprudence and
Industrial Relations
Module 2:International Labour
Topic Presentation
Organisation
Module 3 : Industrial Relations Under
Case Study
The Industrial Law : Changing
Prospective Of Industrial Law

Module 4 : Justice System Under The Group Discussion

Labour Legislation
Module 5 : Trade Unions Under Industrial
Report Writing
Law
Module 6 : Social Security Legislation
Group Presentation

List of Resource Persons

1. International
 Dr. Rene E. Ofreneo, Professor Emeritus and Former Dean of the School of Labor and
Industrial Relations (SOLAIR), University of the Philippines, Email :
reneofreneo@yahoo.com
 Prof Alan Neal, School of Law ,University of Warwick United Kingdom, Email:
alan.neal@warwick.ac.uk

2. National

 Dr. PRAVIN SINHA ,President,National Labour Laws Association Email :

ep.nlla@gmail.com

 Prof.(Dr.) B. T. Kaul ,Advocate , Supreme Court of India , Email : btkaul@yahoo.com

 Dr. S. C. Srivastava , Secretary General, NLLA, Email : sc2003srivastava@yahoo.co.in

 Sh. Onkar Sharma, Dy Cief Labour Commissioner(OS),Delhi,Email Id.
onkar.sharma64@nic.in