Professional Documents
Culture Documents
LABOUR LAW I
B.A.LL.B Year III
COURSE CODE
Course Instructors
Prof. Shikhaa Beri
Prof. Indranath Gupta
SEMESTER A, 2015-2016
Part I
Course Title:
Labour Law I
Course Code:
Course Duration:
One Semester
Medium of Instruction:
English
Pre-requisites:
Pre-cursors:
Equivalent Courses:
Exclusive Courses:
The above information shall form part of the University database and may be uploaded to
the KOHA Library system and catalogued and may be distributed amongst other students.
Part II
A. COURSE DESCRIPTION1
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.
Is labour merely a commodity? Is it only a factor in production? There may be different
approaches towards this question. One fact is certain. Today's labour is engaged in a battle for
position of honour and status equal with management. The law and practice relating to labour is
the story of this battle. In this context, the study of labour law has its aim on the societal
impulses on, and state reactions to, the complex socio-economic, human and political problems
arising out of the constant conflicts between different classes.
The student should get an insight into the mechanics of socio-legal control of labour relations
and should be aware of the history, the present norms, the emerging areas and possible future
techniques of labour jurisprudence.
B. COURSE AIMS
This course deals with different aspects of Labour Law and aims to foster an understanding of
the:
The course instructors would like to acknowledge and thank, Prof. Pallavi Kishore for
her contributions to earlier versions of this course manual.
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Students will be
issues and
introduced to
concerns in the
issues, concerns,
field of labour
and aspects of
and industrial
the operation of
law
the substantive
the operation of
rules of labour
the substantive
and industrial
rules of labour
law
4
Assessment
Tasks/Activities
End-of-course examination
(50% marks)
Attendance (5% marks)
Class participation (5%
marks)
Assignment/s (40% marks)
Students ability to
describe and explain
the main substantive
rules relating to
labour and industrial
law on topics covered
in the syllabus will be
tested by all three
assessment
tasks/activities.
End-of-course examination
Tutorials
Assignment/s
Students ability to
analyse and critically
evaluate will be tested
by all three assessment
and industrial
law in terms of
their objectives
and their utility
keeping in mind
the objective of
promoting the
protection of
labour
researching
relevant issues
analysing and
resolving
problems
concerning
labour disputes
effectively
communicating
their solutions
orally and in
writing.
tasks/activities to
determine their ability
to apply the law to a
given situation
End-of-course examination
Students ability to
apply rules of labour
and industrial law to
given situations will
be tested.
Tutorials
Students will be
required to make
presentations on
problems and
questions allotted to
them and all students
will be required to
contribute to tutorial
discussions whether
they are making a
presentation or not.
Students ability to
research, analyse, and
communicate
solutions orally will
be tested.
Assignment/s
Students ability to
research, analyse, and
communicate
solutions in writing
will be tested.
Number
of pages
Line
spacing
Due date
Type of
Place of
submission submission
2500-3000
5-6
1.5
9 October
2015
Hard copy
Class
70 and above
presentation.
A+
65 to 69.75
Excellent
60 to 64.75
Good
B+
55 to 59.75
Adequate
50 to 54.75
Marginal
0.0
Below 50
Failure
Any idea, sentence or paragraph you cull from a web source must be credited with the original
source. If you paraphrase or directly quote from a web source in the exam, presentation or
essays, the source must be explicitly mentioned. You SHOULD NOT feel free to plagiarise
content, be it from scholarly sources (i.e. books and journal articles) or from the Internet. The
university has strict rules with consequences for students involved in plagiarism. This is an issue
of academic integrity on which no compromise will be made, especially as students have
already been trained in the perils of lifting sentences or paragraphs from others and claiming
authorship of them.
G. METHOD OF CONDUCTING CLASS
The class format will combine lecture and discussion, with a primary focus on the latter. Students
are expected to prepare for and participate in class discussion on a regular basis. Students are
expected to review the delineated course materials in advance of each class and will lead the
class through presentations. Every topic will be led by students who will present their thoughts
on the material and guide discussion.
H. OFFICE HOURS
Professor
Indranath Gupta
Shikhaa Beri
Day/s
Friday
Wednesday
Thursday
Timings
1630-1930
1530-1700
1100-1230
Part III
A. KEYWORD SYLLABUS
Closure, collective bargaining, conciliation, industrial dispute, industry, lay off, lockout,
retrenchment, strike, trade union, unfair labour practices, workmen
B. READINGS
a. Essential Reading
Singh, Avtar and Kaur, Harpreet, Introduction to Labour and Industrial Law (2008), LexisNexis
Butterworths Wadhwa Nagpur, New Delhi
b. Supplementary Reading (preferably latest editions)
Indian Law Institute, Labour Law and Labour Relations Cases and Materials (2007), Indian law
Institute, Delhi
Shahid Siddiqi Z.M. and Afzal Wani M., Labour Adjudication in India (2001), Indian Law
Institute, Delhi
EM Rao, OP Malhotras The Law Of Industrial Disputes, lexisNexis Butterworths: New Delhi,
2004.
G.B. Pai, Labour Law in India, Butterworths: New Delhi, 2001.
Dr. V.G. Goswani, Labour and Industrial law, Central Law Agency: Allahabad, 2005.
S. C. Srivastava, Industrial Relations and Labour Law, Vikas Publishing House Pvt. Ltd.: New
Delhi, 2003.
Kamala Sankaran, Freedom of Association in India and International Labour Standards,
LexisNexis Butterworths: Delhi, 2009.
Nirmal Singh and S.K. Bhatia: Industrial Relations and Collective Bargaining, Deep and Deep
Publications Pvt. Ltd.: Delhi, 2000.
Reports of National Commission Labour 1969 and 2002, Academic Foundation, New Delhi,
2003
c. Laws
The Trade Unions Act, 1926
The Industrial Disputes Act, 1947
The Equal Remuneration Act, 1976
The Minimum Wages Act, 1948
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Part IV
A. LECTURE PROGRAMME
This syllabus should be viewed as a general guide. The syllabus may be revised during the
course of the semester. Students will be informed of changes made.
The following programme is intended to be only indicative and is subject to variation as and when
circumstances may render necessary:
Teaching
Week(s)
1
2-4
5-7
8-11
12-15
Lecture Topic
INTRODUCTION TO LABOUR
TRADE UNIONISM
BASIC CONCEPTS UNDER THE INDUSTRIAL DISPUTES ACT, 1947
STATE PRESCRIPTION OF STANDARDS
REMUNERATION FOR LABOUR
Guy Davidov, The (Changing?) Idea of Labour Law, 146 (3-4) International Labour
Review 311 (2007)
Sankaran, Kamala, Labour laws in South Asia: The need for an inclusive approach (2007),
International Institute for Labour Studies, Geneva
WEEKS 2-4 TRADE UNIONISM
1. History of trade union movement in India
2. Right to form trade union in India Article 19(1)(c) of the Constitution
Trade union Sections 2(h), 22, 15, 16, 21A
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3.
4.
5.
6.
7.
Appropriate government
Cases
Steel Authority of India Ltd. v National Union of Water Front Workers (2001) 7 SCC 1
Industry
Cases
Bangalore Water Supply and Sewerage Board v A.S. Rajappa (1978) 2 SCC 548
Physical Research Laboratory v K.G. Sharma (1997) 4 SCC 257
General Manager Telecom v A Srinivasa Rao (1997) 8 SCC 767
All India Radio v Santosh Kumar (1998) 3 SCC 237
Coir Board, Ernakulam and Cochin v Indira Devi (1998) 3 SCC 259
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Vidyasagar Institute of Mental Health v Hospital Employees Union (2006) ILLJ 781 (Del)
demonstration, immunity, strike
TK Rangarajan v Govt of Tamil Nadu AIR 2003 SC 3032 strike by govt employees
The Industrial Disputes Act, 1947
Chapters 7 and 10 of Shahid Siddiqi Z.M. and Afzal Wani M., Labour Adjudication in India
(2001), Indian Law Institute, Delhi
Servais, Jean-Michel, The ILO law and the freedom to strike,
http://www.law.utoronto.ca/documents/conferences2/StrikeSymposium09_Servais.pdf
WEEKS 12-15 REMUNERATION FOR LABOUR
1.
2.
3.
4.
5.
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