SESSION PLAN

LABOUR LAW-I
MODULE 1 – INDUSTRIAL JURISPRUDENCE AND INDUSTRIAL
REVOLUTION (8 hrs)

OBJECTIVE:

The module introduces us to the growth of Industrial Jurisprudence, Industrial

Revolution and Industrial Relations in India. In the course of the session plan we
discuss about the evils in the industrialization, about social justice, equity and
security. The session plan also focuses on the Industrial relations which intend to
promote Industrial peace and harmony. Turbulence in Industrial relations leads to
Industrial adjudication and labour legislations. The Labour Law seeks to evolve a
rational synthesis between conflicting claims of the employers and employees.

Sessions Topics Readings

3hrs Industrial Jurisprudence RB-1 chapter-General
*Labour Policy Introduction
*Industrial Revolution RB-6
*Evil of Industrialization
*Industrial Peace and
harmony
3 hrs Industrial Relation RB-1 Chapter-General
*Principles of Labour Introduction
legislation RB-7
*Social Justice RB-8
/equity/security
2 hrs *Growth of Labour RB-1 Chapter –General
Legislation Introduction
*Industrial Adjudication in RB-7
India RB-8

MODULE-2 – THE INDUSTRIAL DISPUTES ACT, 1947 (20 hrs)

OBJECTIVE:

To harmonize the relations between the employer and the employees and to
restore and maintain peace. The enactment provides effective machinery for
settlement of Industrial disputes, to prohibit and restrict strikes and lock-outs, to
provide retrenchment compensation to retrenched employees and to provide to
certain rules regarding lay-off. The Act is enacted to ensure social justice to both
employers and employees and advance the progress of Industry by bringing about
the existence of harmony and cordial relationship between the parties.

Sessions Topics Readings

2 hrs Historical development, RB- 1
Scope and Applicability of Chapter-1
the Act
12 hrs Definitions and related RB-1
provisions: Chapters-1,7,8,9,10 and
*Appropriate Government 11
*Industry
*Industrial Dispute
*Award
*Workman
*Strike
*Lockout
*Lay-Off
*Retrenchment
*Closure
*PUS
*Settlement
4hrs *Authorities under the Act. RB-1
*Reference and Chapters-2,3,4,5 and 6
Settlement of disputes
before the authorities
under the Act.
*Procedure, powers and
duties of Authorities.
2hrs *Notice of change RB-1
*Power of the Government Chapter- 3
*Voluntary Arbitration

Important cases to study under The Industrial Disputes Act, 1947:

• Bharat Glass works (Pvt) V. State of WB

• M/s J.R.Jugele,Railway Contractor V. Sitabai Atmaram

• State of B’bay V. Bombay Hospital Mazdoor Sabha

• Madras Gymkhana club employees Union V. Management of Madras

Gymkhana club

• Management of Safdarjung Hospital,Delhi V. Kuldip Singh

• N.U.C. Employees V. Industrial Tribuanl

 • University of Delhi V. Ram Nath

• Dhanrajgori Hospital V. Workmen

• D.N.Banerjee V. P.R.Mukerjee

• BWSSB V. A.Rajappa

• Workmen of Dimakuchi Tea Estate V. Management of DTE

• Tata Chemicals V. Workmen, Tata Chemicals

• State of Harayana and others V. Bikar Singh

• Newspapaer Ltd V. state Industrial U.P and others

• Jagdish Narain Sharma V. Rajasthan Patrika Ltd.

• Workmen of Indian express Newspapers Ltd V. Management of India

express News papers

• Hotel Imperial, New Delhi V. Hotel workers union

• India Iron and steel C. Ltd V.Its workmen

• Patiala Cement Co.Ltd V. Certain workers

• Karibetta Estate Kotagiri V. Rajamanickam

• Ramachandra Spining Mills V. State of Madras

• Workmen of Itakhoolie tea Estate V. The Management

• Hariprasad Shiv Shankar V. Diwaker

• SAE Mazdoor Union V.Labour commissioner, Indore and others

MODULE 3 – THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS)

ACT, 1946 (5 hrs)

OBJECTIVE:

The Act provides for conditions of service. The Act not only requires the employers
to lay down conditions of service but also requires that the conditions of service
must be clearly laid down so that there many not be any confusion or uncertainty in
the minds of the workman who are required to work in accordance therewith.
Sessions Topics Readings
1hr Introduction, Applicability RB-1
and Special features of the Chapter- 1
Act
2 hrs *Draft standing orders RB-1
*Certification of standing Chapter- 2
orders and conditions for
certification
*Registration of Standing
orders
2 hrs *Appeals RB-1
*Temporary application of Chapter- 2
Model Standing Orders

Important Cases to study under Industrial Employment (Standing Orders)

Act,1946:

• Hindustan Lever V.Workmen

• Simpal Singh V.Artifical Limbs Mfg.Corpn of India

• Shahadara Saharapur Light railway Co V. S.S.Railway workers Union

• Berauni Refineries V.IOC Ltd and others

• Buckingham and Carnatic Co., Ltd. V Venkataiah

• Patna electricity supply workers Union V. A.Husain

MODULE4 -THE TRADE UNIONS ACT, 1926 (16 hrs)

0BJECTIVE:

The Act focuses on providing immunity to Trade Unions from both civil and criminal
liability. It also provides for a system of voluntary registration, to adopt adequate
rules, to maintain audit and accounts and to file annual returns. The Act extended a
legal status to the registered Trade Unions conferring certain powers and
advantages not accorded to unregistered Trade Unions.

Sessions Topics Readings

1hr *History of Trade Union in RB-1
India Chapter- 1
*Development of Trade
Union Law in India
 Indian Trade Union
(Amendment Act),1947
*Trade Union Bill,1950
2hrs Definitions and related RB-1
provisions: Chapter-1
*Trade Union
*Trade Dispute
*Workman
4 hrs Registration of Trade Un RB-1
ion Chapter-2
3 hrs *Rights and Liabilities of RB-1
Trade Union Chapter-3
*Trade union Funds
2 hrs Amalgamation and RB-1
Dissolution of TU Chapter-3
2 hrs Recognition of TU RB-1
Chapter-4
2 hrs Collective Bargaining RB- 1
Chapter - 7

Important Cases to study under Trade unions Act,1926:

• C.P.Sarathy V. State of Madras

• State of B’bay V. Mazdoor Sabha

• Tamil Nadu NGO Union V. Registrar, TU

• IFFCO V. Registrar, TU

• Chemosyn (P) Ltd V. Kerala Medical and sales Representatives

Association

• Gross V. British Iron and Steel Trade Association

• Rohtas Industries Staff Union V. State of Bihar

• Workers Of B &C Co. V.Labour Commissioner

• Chairman, SBI and another V. All Orissa state Bank officers

Association and another

MODULE 5 –FACTORIES ACT, 1948 (11 hrs)

OBJECTIVE:
The Act is codified with a view to regulate working conditions in the factories and to
provide with the health, safety and welfare measures. Main object of the Act is to
ensure proper, safe and healthy working conditions in the factories.

Sessions Topics Readings

2hrs *Introduction, Scope, RB-1
Applicability Chapter- 1
*Definitions:
. Factory
. Occupier
. Manufacturing Process
. Hazardous process
. Worker
2 hrs *Approval, Licensing and RB -1
registration of Factories Chapter-1
*Notice by Occupier
*Duties of Occupier and
Manufacturer
3 hrs Health ,Safety and Welfare RB-1
measures Chapter-3
2 hrs Working hours of Adults RB-1
Chapter- 6
1 hr Employment of young RB-1
persons Chapter-7
1 hr Leaves and wages RB-1
Chapter- 8

Important Cases to study under Factories Act, 1948 :

• State of B’bay V.Ardheshir Hormosji

• State of B’bay V. Alisaheb Kashim

• Shihabudeen Kunju V. State of Kerala and others

• State of Gujarath V. Jethlal

• Haldia Refinery Canteen employees Union and another V. IOC and

others

• Imperial Tobacco Co. V. State

• Shankar Balaji V. State of Maharashtra

SUGGESTED READINGS:

• RB1 - S.N. Misra, Labour and Industrial Laws, 25th ed.

2009

• RB2 – O.P.Malhothra, The Law of Industrial Dispute

• RB3 – P.L.Malik, Industrial Law,( 22nd ed. 2009 volume

1& 2

• RB4 – Labour Law cases and materials, Indian Law

Institute, 3rd ed. 2007

• RB5 – Dr.V.G.Goswami, Labour and Industrial Laws,

10th ed., 2006

• RB6 –EM Rao, Industrial Jurisprudence, A critical

commentary.

• RB7 – Monal Arora, Industrial relations

• RB8- A.M.Sarma, Industrial relations

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