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KLE Law College, Bengaluru

Academic Year 2023-24

Course Plan

Course Title: Course Code: 21LLLC108


LABOUR LAW - I - Law Relating to Resolution
of Industrial Conflicts and Labour Welfare

Programme: LL.B (3 years) Semester: II

Credits: 4 L-T-P: 3-1-0

ISA Marks: 50/100 ESA Marks: 50

Course Coordinator: Mrs. Supriya. M. G Date of Preparation:

Course Teacher: Ms. Zeenia S and Mrs. Date of Review:


Supriya. M. G

Course Plan Reviewer: Total no of classes planned: 70

Course Description:

Labour faces immense challenges today, particularly regarding its honour,


place and status vis-a-vis management which looks towards substitution of
labour with technology. The historical, legal, social, economic, human and
political aspects of this struggle forms the core of this course.
Labour welfare and protection in line with the Constitutional vision as well as
the vision of social justice imbibed in its scheme of governance is of special
significance to India. With globalisation and liberalisation becoming the norm,
labour laws and jurisprudence gain paramount importance in this course.

Course Objectives:

1. To acquaint students with the historical and constitutional evolution of


industrial jurisprudence and the emergence of Trade Unionism in India.

2. To enable students to critically analyse the provisions of the select


legislations.

Course Teacher:

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KLE Law College, Bengaluru
Academic Year 2023-24

3. To make students understand the international obligations in light of ILO


conventions.

4. To sensitise students towards labour rights while orienting them on the


necessity of labour law at tackling contemporary challenges faced by the labour
sector in India.

5. To instil in students the foundational skills of a labour issues conscious


lawyer.

Course Outcomes (COs):

At the end of the Course, students will be able to-


1. Analyse labour law philosophy in light of constitution, legislations and their
judicial interpretation
2. Assessthe functioning of the existing labour disputes settlement mechanism.
3. Appraise themselves of the constitutional and human rights dimensions of
select labour legislations and their impact on everyday life of the working class.
4. Examine the extent of adherence of the existing labour legislations to the
international obligations in the list of ILO conventions.
5. Identify and critically analyse the issues and concerns in the present labour
legislations.
6. Demonstrate skills of investigating and identifying the various issues
concerning labour and provide solutions for the same.

Mapping of Course Outcomes (COs) with Program Outcomes

Course Outcomes (COs) Relevant Program Outcomes (POs)

1. Analyse labour law philosophy in light of VI, VIII


constitution, legislations and their judicial
interpretation.

Course Teacher:

Reviewer:
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KLE Law College, Bengaluru
Academic Year 2023-24

2. Assess the functioning of the existing I, IV


labour disputes settlement mechanism

3. Appraise themselves of the I,VI,VII


constitutional and human rights
dimensions of select labour legislations
and their impact on everyday life of the
working class.

4. Examine the extent of adherence of the I,VIII,IX


existing labour legislations to the
international obligations in light of ILO
conventions.

5. Identify and critically analyse the issues I, IV, VII


and concerns in the present labour
legislations.

Course Content

Unit Number Number of


Sessions

Unit I 16

Unit II 16

Unit III 13

Unit IV 13

Unit V 12

Total 70

Course Teacher:

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KLE Law College, Bengaluru
Academic Year 2023-24

Prescribed Books:

1. Srivastava, S.C., (8th ed.) 2022. Industrial Relations and Labour


Laws. Vikas Publishing House Pvt. Ltd.
2. Mishra, S. N., (29th ed.) 2019. Labour and Industrial Laws,
Central Law Publications.
3. Srivastava S.C., (1st ed.) 2005. Treatise on Social Security,
Eastern Book Company.

List of Statutes (if any):

1. The Trade Unions Act, 1926


2. The Industrial Disputes Act, 1947
3. The Industrial Employment (Standing Orders) Act, 1946
4. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
5. The Contract Labour (Regulation and Abolition) Act, 1970
6. The Factories Act, 1948

List of cases (if any):

• People’s Union for Democratic Rights v. Union of India 1982 SCC(3)235

• Bangalore Water Supply and Sewerage Board v. A Rajappa AIR 1978 SC 548

• Payment of Wages Inspector v. B.E.S. & Co. AIR 1969 SC 590

• Kamani Metals & Alloys v. Their workmen. AIR 1967 SC 1175

• Hydro (Engineers) Private Ltd. V. Their Workmen AIR 1969 SC 182

• Haldia Refinery Canteen Employees Union and Another v. IOCL &


Others(2005) II LU 684

Course Teacher:

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KLE Law College, Bengaluru
Academic Year 2023-24

• Randhir Singh v. Union of India and others (1982) 1 LU 344 (SC)

• Air India v. NargeshMeerza (1981) SCC (L&S) 599

• M/S Mackinon Mackenzie &Co. Ltd v. Audrey D’Costa& Another


(1987) I LU 536 (sc)
• BandhuaMuktiMorcha v. Union of India &Ors. AIR 1984 SC 802

• Sanjit Ray v. State of Rajasthan AIR 1983 SC 328

• M.C.Mehta v. State of Tamil Nadu & others 1997 SC 699

• Employees’ State Insurance Corporation & another v. Tata


Engineering & Locomotive Co. Ltd. & another 1976 I LU 81 SC
• Oriental Insurance Company Ltd. V. SorumaiGagoi and others 2008 II LU 863
(SC)

• National Iron and Steel Co. Ltd v. Manorama AIR 1953 Cal 143

• JyothiAdemma v. Plant Engineer, Nellore 2006 III LU 324 (SC)

• Y.A. Mamarade and ors. V. Authority under the Minimum Wages


Act (1972) 2SCC108
• Express Newspapers (P) Ltd. v. Union of India 1959 SCR 12

• Standard- Vacuum Refining Co. of India v. Its. Workmen and


others (1961) 3 SCR 536
• Workmen (Represented by Secretary) v. Reptakos Brett. & Co.
Ltd. and another (1992)1 SCC290.
• Crown Aluminium Works v. their workmen 1958 SCR 651

• Francis Coralie } tullin v. Administrator , Union Territory of Delhi AIR 1981


SC746

• Secretary, Haryana State Electricity Board v. Suresh and others.


1999 SCC (L&S) 765
• D.S. Nakara v. Union of India 1983 SCC (L&S) 145

• Hindustan Antibiotics Ltd. v. Workmen AIR 1967 SC 948

Course Teacher:

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KLE Law College, Bengaluru
Academic Year 2023-24

• Municipal Corporation of Delhi v. Female Workers (Muster Roll)


and another 2000 SCC(L&S) 331
• Hotel New Nalanda v. Regional Director, ESI Corporation (2010) 1 SCC (L&S)
424

• I.K.Industries Ltd. v. Chief Inspector of Factories , 1997 SCC (L&S) 1

• Bank of India v. T.S.Kelawala and others (1990) II LU 39 SC

References:

1. Malhotra, O.P., (7th ed.) 2015. Law of Industrial Disputes, LexisNexis.


2. Rainanujam, G., 1986. Indian Labour Movement. Sterling Publishers.
3. Malik P.L., (10th ed.) 2006. Industrial Law, Eastern Book Company.
4. Mamoria, Mamoria, (16th ed.) 2008 Dynamics of Industrial
Relations, Himalayan Publishing House.
5. First National Labour Commission Report, 1969.
6. Second National Labour Commission Report, 2002.
7. International Labour Conventions and Recommendations

Course Teacher:

Reviewer:
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KLE Law College, Bengaluru
Academic Year 2023-24

Overview of Course Plan Planned Sessions: Two

Unit Wise Plan

Unit Number: 1 Planned Sessions: 16

Unit Learning Outcomes

Unit Learning Outcomes Bloom’s COs


Level

UNIT 1 - The importance of legislative and 2,3,4 1,3


judicial initiations for the protection of the
labour, a vital element of the country’s
economy. The growth of trade unions,
collective bargaining process as an important
tool of workers and the rights and immunities
of trade unionists.

UNIT 2 - Define relevant terminologies, 2,3 2


explain the composition, powers, functions,
duties and procedure of the machineries
created under the Industrial Disputes Act, 1947
and enumerate the different provisions which
regulate industrial relations for industrial
peace and harmony.
Students will be able to distinguish and make a
comparative analysis of resolution mechanism
of industrial disputes in contrast with the

Course Teacher:

Reviewer:
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KLE Law College, Bengaluru
Academic Year 2023-24

statutory provisions under the Trade Unions


Act,1926

UNIT 3 - the powers and functions of the 2,3 3,4


Certifying officers. Students will be able to
examine and explain the concept of collective
bargaining.

UNIT 4 - Students will be able to comprehend 2,3,4 4


the regulation of unfair labour practices under
the ID Act. Students will be able to critique upon
the need and provision for The Child and
Adolescent Labour (Prohibition and Regulation)
Act, 1986 in light of Human Rights perspective
and Constitutional provisions for the protection
of children. They’d be able to analyse and
elucidate judicial interpretations as well critique
on the amendments made through the Child
Labour (Prohibition and regulation) Amendment
Act, 2016.

UNIT 5 - Discuss and elucidate the provisions 2,3 5


pertaining abolition and regularisation of Contract
Labour under the Contract Labour (Regulation and
Abolition) Act, 1970 in light of judicial decisions.
They’d be able to critically appraise the working of
the Act in present days. Students will be able to
identify the rationale behind and the need for The
Factories Act, 1948 and be capable of enumerating
the various provisions pertaining the same.

Topic Wise Plan

S.No. Topic Number Pedagogy


of
Sessions

1. Introduction to Labour Laws: 3 Lecture and Discussion

Course Teacher:

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KLE Law College, Bengaluru
Academic Year 2023-24

Evolution of Labour Laws Socratic method


Historical aspects-
Master and slave relationship

2. Industrial Revolution 1 Lecture and Debate


Laissez faire state

3. Impact of Constitution on 2 Lecture and Discussion


Labour Laws

4. Salient features of Trade 1 Lecture and Discussion


Unions Act

5. Registration and Cancellation 2 Lecture


of Trade Unions

6. Funds of the Union and 1 Lecture and Discussion


immunity enjoyed by the
unions

7. Amalgamation of Trade Unions 1 Lecture and Discussion

8. Recognition of Trade Union 1 Lecture and Discussion

9. Collective Bargaining 2 Lecture, Simulation


Exercise

10. Methods of Collective 1 Lecture and Discussion


Bargaining

11. Status of Collective Bargaining 1 Lecture and Discussion


Agreements

12. Comparative analysis with the 1 Lecture and Debate


provisions of the new labour
codes

UNIT - II

13. Industrial Disputes Act, 1947 8 Lecture and Discussion


Historical Background
Definition

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KLE Law College, Bengaluru
Academic Year 2023-24

- Appropriate Government
- Award and settlement
- Industry
- Industrial dispute
- Workman

14. Industrial Dispute Resolution 4 Lecture and Discussion


Machinery
- Works Committee
- Conciliation Board
- Court of Inquiry
- Grievance settlement
authority

15. Voluntary Arbitration u/s 10-A 3 Lecture and Discussion

UNIT - III

16. Government’s power of 6 Case based Learning


reference u/s 10: Critical Lecture and Discussion
analysis with reference to
decided cases

Strikes and Lock-out

Lay-off and Retrenchment

17. Closure and Transfer of 2 Lecture and Discussion


Undertaking

18. Regulation of managerial 2 Lecture and Discussion


prerogatives

19. Unfair Labour Practices 2 Lecture and Discussion

20. Comparative analysis with the 1 Lecture and Discussion


provisions of the new labour
codes

UNIT - IV

Course Teacher:

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KLE Law College, Bengaluru
Academic Year 2023-24

21. Industrial Employment 3 Lecture, Inquiry Based


(Standing Orders) Act, 1946 discussion
- Certified Standing
Orders
- Meaning
- Procedure for
Certification

Certifying Officers
- Powers and functions

22. Child Labour 3 Documentary Screening


- Introduction and Lecture and Discussion
historical background
- Necessity and feasibility
of abolition
- Human rights and
Constitutional
perspective

23. The Child and Adolescent 4 Lecture method


Labour (Prohibition and
Regulation) Act, 1986
- Definitions
- Prohibitions of Child
Labour
- Regulation of Adolescent
labour
- Penalties
- Judicial Interpretation

24. Critical analysis of 2 Lecture and Discussion


amendments made through the
Child Labour (Prohibition and
Regulation) Amendment Act,
2016

25. Comparative analysis with the 1 Lecture


provisions of the new labour
codes

UNIT - V

Course Teacher:

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KLE Law College, Bengaluru
Academic Year 2023-24

26. The Contract Labour 3 Lecture, Case Law Reading


(Regulation and Abolition) Act,
1970
- Abolition and
Regularisation of
Contract labour
- Regulation of Contract
Labour

27. Judicial decisions relating to 2 Lecture, presentation,


absorption of sham practice of case law analysis
contract labour

Critical appraisal of working of


the Act in present days

28. The Factories Act, 1948 4 Documentary screening,


Definitions Lecture method
- Factory
- Manufacturing process
- Occupier
- Worker
- Hazardous process

29. Provision in re safety and 2 Lecture


welfare of workers, hazardous
processes

Regulation of employment of
women, children and young
persons

Working conditions of
employment:
- working hours
- weekly leave
- annual leave facility

30. Comparative analysis with the 1 Lecture


provisions of the new labour

Course Teacher:

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KLE Law College, Bengaluru
Academic Year 2023-24

codes

Total 70

Course Teacher:

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KLE Law College, Bengaluru
Academic Year 2023-24

Industry/Professional Skills, Human Values, Service Learning

Industry/Professional Skills Students will be able to pen


principles, concepts and apply
statutory provisions to real life
disputes arising out of industrial
relations.

They’d be enabled to conduct


data-driven investigations on
challenges to labourers and effective
implementation of labour laws.

Human Values • Sensitised to work upon reducing


arbitrariness, unfair labour practices
and to promote transparency through
active participation.
• Impartiality
• Reasonableness
• Equal treatment
• Duty consciousness
• Promote labour rights by protecting
the weaker party in an unequal
contractual relationship.
• Respect for dignity of labour and
Co-operation.

Service Learning (if any) Sensitization of factory workers by


students via distribution of pamphlets
containing rights that can be availed by the
workmen.

Course Teacher:

Reviewer:
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KLE Law College, Bengaluru
Academic Year 2023-24

Evaluation Scheme for ISA

Assessment Weightage in Marks

Mid-Term Exam 15

Teacher Evolved Assessment Method - I 15

Teacher Evolved Assessment Method - II 15

Attendance marks 05

Total 50

Teacher Evolved Assessment Method

Name of the Description of the Bloom’s Course Weightage


Assessment Assessment Method level Outcome (Marks)
and Timeline

Teacher ASSIGNMENT 1,2,3 10


Evolved
Assessment - Students have to
Method-I select one article
(which falls within the
Newspaper legislations covering
Article Review under Unit I to Unit
III) from any specified
newspaper (English/
Kannada)
- identify relevant
remedies and explain
the provisions of the
labour law
enactments applicable
to the facts of the
article alongside
specifying the
liabilities of the

Course Teacher:

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KLE Law College, Bengaluru
Academic Year 2023-24

concerned parties

Mode of Submission :
typed and submitted
over Google classroom

Format :
- Picture of the
article
- Name, date of
newspaper/
news article
and title of the
news
- Facts of article
- relevant issues
identified
- analysis (apply
of labour law
provisions to
the facts and
suggested
remedy as
provided by the
relevant
enactments)
- Conclusion
- Footnotes
including books
referred.

PRESENTATION 5

- Post
submission, the
same has to be
presented

Teacher Preparation of 5
Evolved Questionnaire prior to
Assessment the scheduled field
Method-II visit

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KLE Law College, Bengaluru
Academic Year 2023-24

Factory Visit Submission of report 10


incorporating the
questionnaire
prepared and answers
elicited during the
scheduled field visit

TEAM I – NEWSPAPER ARTICLE REVIEW

RUBRICS

Marking Scale Weighta Excellent Proficient Basic


ge

8 4 3-2 1-0

Criterion

1. 3 Engaging Strong Introductio


Introducti introductio introductio n or
n and n and summary
on and
comprehen summary, lacks
Summary sive though engagemen
summary some areas t or is
provide a may benefit missing
clear from more key
overview detail informatio

Course Teacher:

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KLE Law College, Bengaluru
Academic Year 2023-24

2. Analysis of
Content 5 In-depth Limited
analysis of analysis,
content, with
examining noticeable
key aspects gaps in
with addressing
insightful important
commentar elements
y

7 4 3 2-1

1. Subject
matter 3 Content is Mostly Several
highly accurate, inaccuracie
accurate, with minor s, affecting
reflecting a factual the overall
comprehen errors that reliability
sive do not of the
understand significantly content
ing of the impact
subject understandi
ng

Course Teacher:

Reviewer:
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KLE Law College, Bengaluru
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2. Presentation
skills 4 Demonstra Shows solid Some gaps
tes a deep knowledge, in content
understand with minor knowledge,
ing of the gaps that do affecting
topic with not the overall
comprehen significantly coherence
sive and impact the of the
accurate overall presentatio
informatio presentatio n
n n

Course Teacher:

Reviewer:
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KLE Law College, Bengaluru
Academic Year 2023-24

TEAM II – FIELD VISIT

1. Preparation of questionnaire prior to the scheduled field


visit.

2. Submission of report incorporating questionnaire


prepared and answers elicited during the scheduled field
visit.

Marking Scale Weightage Excellent Proficient Basic

Criterion

Questionnaire 10 5-4 3-2 1-0

1. Clarity and 5 Questions Generally Some


Precise are clear, clear, with questions
concise and minor lack clarity
precisely room for or precision,
formulated improveme impacting
nt in understandi
precision ng

2. Relevance
to purpose 5 Each Most Some
question is questions questions
directly are lack clear
related to relevant, relevance to
the overall with a few the purpose

Course Teacher:

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Academic Year 2023-24

purpose and that may of the


goals of the need slight questionnair
factory visit adjustment e
experience s

Report writing 5 5-4 3-2 1-0

1. Completeness Thorough Mostly Several gaps


of Responses and complete in
comprehens responses information
ive answers with minor , impacting
addressing omissions the overall
all aspects of completenes
the factory s
visit

Weightage of Course Outcomes

Course Outcomes (COs) Weightage in Assessment


(Mention CO number) (In percentage)

1. Analyse labour law philosophy in light 20%


of constitution, legislations and their
judicial interpretation

Course Teacher:

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KLE Law College, Bengaluru
Academic Year 2023-24

2. Assess the functioning of the existing 20%


labour disputes settlement mechanism.

3. Appraise themselves of the 25%


constitutional and human rights
dimensions of select labour legislations
and their impact on everyday life of the
working class.

4. Examine the extent of adherence of 10%


the existing labour legislations to the
international obligations in light of ILO
conventions.

5. Identify and critically analyse the 15%


issues and concerns in the present
labour legislations.

6. Demonstrate skills of investigating 10%


and identifying the various issues
concerning labour and provide solutions
for the same.
Total 100

Course Teacher:

Reviewer:
22

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