LABOUR LAW I INTRODUCTION TO LABOUR AND INUDTRIAL RELATIONS
'A nation may do without its millionaires and without its capitalists, but a nation can never do without its labour'. These words of Mahtma Gandhi, Father of our Nation highlights the importance of the labourers in our country. The labour force or the workmen constitute an important segment of the society and play a vital role in the development and progress of the Country. Due to the fast pace of industrialisation there is a need to regulate and control the relation between the employer and employees. This has led to the evolution and development of labour laws all over the world. After the Independence the government of India has enacted numerous legislations for the regulation of labour relations and their welfare. An understanding of Labour Laws is very essential for law students because of the fact that the scope and ambit of these is very wide and is touching the lives of millions of people in the country. The subject of Labour Law is very wide and hence the course is divided into two parts: Labour Law I and Labour Law II ( in V semester). Labour Law I is Introduction to Labour and Industrial Relations which deals with mainly the laws which regulates the relationship between employer and employees. The detailed detailed course module is given below: Module I: Introduction
Labour Laws – Origin Origin and Development – Nature Nature and Need – Objectives and Principles of Labour Laws – Laws – Development of Labour Laws in India – India – Pre Pre and Post Independence PeriodIndian Constitution and Labour Laws - Social Justice - Fundamental Rights – Directive Principles – Judicial Judicial Activism and Labour Welfare in India - Impact of Liberalization and Globalization – Globalization – Labour Labour Policy of India Concept of Industrial relations – Objecitves and Significance of Industrial RelationsConstitutional and Statutory Framework in India
R eferences: ferences: BD Singh, Labour Singh, Labour Law for Managers Managers,, Excel Books, New Delhi, 2007, Chapter1 Bruce E. Kaufman, Industrial Kaufman, Industrial Relations, Relations, ILO, Geneva, 2006 EM Rao, Industrial Rao, Industrial Jurisprudence, Jurisprudence, Lexis Nexis, New Delhi, 2004, Chapter 1 G M Kothari, A Study of Industrial Law, Law , 5thEdn.- 2000, Wahdwa Publications, Nagpur, Chapter 1 GB Pai, Labour Pai, Labour Law in India, India, Butterworth’s India, New Delhi, 2001, Vol. 1, Chapter 1 SC Srivastava, Industrial Relations Industrial Relations and Labour Laws, Laws , House, New Delhi, Part 1
5thEdn.-2007, Vikas
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SN Mishra, Labour and Industrial Laws, 25 Edn. - 2009, Central Law Publications, Allahabad, Chapter 1 Report of the National Labour Commission -
1967
Report of the National Labour Commission -
2002
Module II: The Industrial Employment (Standing Orders) Act, 1946
Object and Purpose – Object and Purpose- Scope and Application – Definitions – Standing Orders – Certification – Officers – Procedure – Modification and Temporary Application – Interpretation and Enforcement – Role of Government under the Act.
References: Dr. G V Goswami, Labour Industrial Laws, 8th Edn. – 2004, Central Law Agency, Allahabad, Part XI K M Pillai, Labour and Industrial Law, 10th Edn- 2005, Allahabad Law Agency, Allahabad, Chapter’s 22 - 25 S N Mishra, Labour and Industrial Laws, 25th Edn. - 2009, Central Law Publications, Allahabad, Part 2 S C Srivastava, Industrial Relations and Labour Laws, 5thEdn.-2007, Vikas House, New Delhi, Part 4
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Module III: Industrial Disputes Act, 1947
Industrial Disputes - Development of Industrial Disputes Legislations in India – Machanisms for settlement of Industrial Disputes – Constitutional and Statutory Framework in India Definitions – Industry – Employer – Workman – Closure, Industrial despectes, Individual disputes Module IV: Authorities under the Act
Works Committe - Conciliation Oficeres – Courts of Enquiry – Labour Courts – TribunalsPowers of Government – Procedure, Powers and Duties of Authorities Module V: Instruments of Economic Coercion
Srike and Lockout – Definition – Justification - Types – Right to Strike and Constitutional Validity – Other Provisions - Lay off and Retrenchment – Transfer and closure – Other Instrument of Economic coercion
References: Dr. G V Goswami, Labour Industrial Laws, 8th Edn. – 2004, Central Law Agency, Allahabad, Part IX
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K M Pillai, Labour and Industrial Law, 10 Edn- 2005, Allahabad Law Agency, Allahabad, Chapter’s 7 - 21 O P Malhotra, The Law of Industrial Disputes, 6 th Edn.-2004, Butterworths, New Delhi, Vol. 1&2 S C Srivastava, Industrial Relations and Labour Laws, 5th Edn.-2007, Vikas House, New Delhi, Part 3
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S N Mishra, Labour and Industrial Laws, 25th Edn. - 2009, Central Law Publications, Allahabad, Part 1 Module VI: Collective Bargaining
Growth of Trade Unions in India – Significance of Trade Unions – Indian Trade Unionism and its weakness - Definition – Registration – Rights and Liabilities – Other Miscellaneous Provisions - Collective Bargaining – Meaning and Scope - Emerging Trends in Labour Jurisprudence in India- International Developments and its Impact - Recent Developments and Judicial Interpretations
References: Dr. G V Goswami, Labour Industrial Laws, 8th Edn. – 2004, Central Law Agency, Allahabad, Part VI K M Pillai, Labour and Industrial Law, 10th Edn- 2005, Allahabad Law Agency, Allahabad, Chapter’s 4-6 Prof. S N Dhyani, Trade Unions and the Right to Strike, University Book House, Jaipur, 1989 S N Mishra, Labour and Industrial Laws, 25th Edn. - 2009, Central Law Publications, Allahabad, Part 3 S C Srivastava, Industrial Relations and Labour Laws, 5thEdn.-2007, Vikas Publishing House, New Delhi, Part 2
Legislations: Trade Unions Act, 1926 The Industrial Employment (Standing Orders) Act, 1946 The Industrial Disputes Act, 1947
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