DAMODARAM SANJIVYYA NATIONAL LAW UNIVERSITY

Visakhapatnam

COURSE OUTLINE

Title of the Subject: Labour Law-II

Name of the Faculty:Dr.Ch.Lakshmi Total No. of Hours: 65

Course Description

Protection of labor is a constitutional mandate. A constitution which is inspired by the vision of

social justice is committed to the cause of upliftment of labour. The concept of social security is
based on the ideals of human dignity and social justice. The mutual conflict between the employee
and employees over the adequacy of their respective shares in social produce constitutes a serious
menace in the society. Work can be never be important than the worker because no industry can
flourish unless the wage earner who is a partner in the production should be given due status by
offering him reasonable working conditions and due share in production. This means social justice
and social security has to be restored to the Labour because a contented worker would produce better
yields and would increase his efficiency. Therefore, social security is a necessary phenomenon of a
welfare state as it is one of the most progressive and dynamic instruments for achieving socio –
economic progress. This course shall examine the various dimensions of Labour security measures
along with the labor welfare and explore the possibility whether or not Labour security be part of the
comprehensive and integrated social security. The syllabus has been prescribed with these objectives.
Course Aims and Intended Outcomes

The course seeks to:

1. Make students to understand different aspects of Social Security and Labor welfare Legislations.
2. Enables the students to aware of theoretical concepts involved in the course;
3. To make them to understand the importance of labor laws in settlement of any dispute with the
help of the case analysis method.

Unit UNIT 1 No. of

No. Topic: GENERAL CASES FOR REFERENCE Hours
INTRODUCTION (List of Cases are not exhaustive –
Faculty may discuss or indicate any
additional Cases)
1. Introduction to Social Securities and 3
Labour Welfare legislations—
International Perspective—National
Perspective

UNIT 2 12
Topic: Employee’s Compensation Act, 1923

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2.1 History and Evolution of the Act

2.2 Meaning of Compensation, Wage,

Workman, Dependants, Employer

2.3 Partial Disablement, Total  General Manager, B.E.S.T.

Disablement, Undertaking v Mrs. Agnes AIR 1964
SC 193
2.4 ‘Arising out of’ and ‘in the course of  Saurashtra Salt Manufacturing Co. V.
employment’, Bai Valu Raja, AIR 1958 SC 881
 Mackinnon Mackenzie and Co.
2.5 Notional Extension, etc. Private Ltd. V. Ibrahim Mahommad
Issak, AIR 1970 SC 1906
2.6 Liability of the Employer: In case of  Rita Devi V. New India Assurance
Personal Injury, In case of Co. Ltd., AIR 2000 SC 1930
Occupational Disease  Kerala State Electricity Board V.
Valsala K., AIR 1999 SC 3502
2.7 Calculation of Compensation  Roshan Deen V. Preeti Lal, AIR
2002 SC 33
2.8 Compensation Commissioners:  State of Bombay v Ardeshir
Appointment, Powers and Hormosji Bhiwandiwala (1956) II
Functions. LLJ 26 Bom

UNIT 3 5
Topic: Employees State Insurance Act, 1948
3.1 Object and Scope  ESIC v. M.M. Suri & Associates Pvt.
Ltd., 1999 LAB IC SC 956
3.2 Evolution and objects of the Act  Regional Director, E.S.I. Corpn. v. L.
Ranga Rao, 1982 I-L.L.J. 29
3.3 Meaning of Factory, Principle  Regional Director ESI v. Francis de
Employer, Employee, Dependant, Costa, 1997 LLJ I 34 SC
Insured Person, Employment Injury,  E.S.I. Corpn. Indore v. Babulal, 1982
etc. Lab. I.C. 468
 Shyam Devi v. E.S.I.C., AIR 1964
3.4 Benefits under the Act: Sickness All. 42
benefit, Maternity Benefit,  Jayanthilal Dhanji Co. v. E.S.I.C.,
Disablement Benefit, Dependent’s AIR AP 210
Benefit, Medical Benefit, Funeral  Royal Talkies Hyderabad v. E.S.I.C.,
Expenses. AIR 1978 SC 1476

3.5 Employee’s State Insurance

Corporation - Dispute and Claim
Settlement under the Act

UNIT 4 5
Topic: Maternity Benefit Act, 1961
4.1 Nature and Scope of the Act  Municipal Corporation of Delhi V.
Female Workers (Muster Roll) and
4.2 Restrictions on Employment of another, 2000 SCC (L&S) 331
Women  Yusuf Abdul Aziz V. State of
Bombay, AIR 1954 SC 321
4.3 Right to Maternity Benefit and its

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 Calculation  Hindustan Antibiotics Ltd V.
Workmen, AIR 1967 SC 948
4.4 Entitlement and Forfeiture of  B. Shah V. Labour Court, AIR 1978
Maternity Benefit SC 12

4.5 Other benefits under the Act

4.6 Inspectors under the Act: Powers,

Functions and Duties

UNIT 5 6
Topic: Employees Provident Funds and Miscellaneous Provisions Act, 1952

5.1 Object and Scope  Railway Employees Co-operative

Banking Society Ltd. v. The Union
5.2 Definitions of India, 1980 Lab. IC 1212
 Motor Industries Co Ltd. Vs Reg
5.3 Provident Fund Schemes Provident Fund Commissioner and
other 2000 LLR P. 1309
5.4 Authorities under the Act.  Gen Man. Emakulam Distt. Co-Op.
Bank Ltd. Vs Reg Provident Fund
Comm and another 2000 FLR (86) P.
984
 Presidency Kid Leather (P) Ltd. Vs
Regional Provident Fund
commissioner 1998 FLR (78) P. 342

UNIT 6 6
Topic: Minimum Wages Act, 1948

6.1 Minimum Wages Act,  Bijoy Cotton Mills v. State of Ajmer,

1948- Meaning of ‘wage’ under the 1955 S.C. 3
Act  B.Y. Kashatriya v. S.A.T. Bidi
Kamgar Union A.I.R. (1963) S.C.
6.2 Procedure for fixing Minimum wage 806
 State of Rajasthan v. Hari Ram
6.3 Obligation of employer to pay Nathwani, (1975) SCC 356
minimum wage  Benode Bihari Shah v. State of W.B.
1976 Lab I.C. 523 (Cal). T
6.4 Authorities and Remedies under the
Act

UNIT 7 6
Topic: Payment of Gratuity Act, 1972
7.1 Evolution and Scope of the Act  Ahmedabad Private Primary
Teachers’ Association v.
7.2 Meaning of Employee, Employer, Administrative Officer, AIR 2004 SC
Continuous Service, etc. 1426
 Kothari Industrial Corporation v.
7.3 Conditions for Payment and Appellate Authority, 1998 Lab IC,
Forfeiture of Gratuity 1149 (AP)

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7.4 Computation of Gratuity  Travancore Plywood Ind. v. Regional
JLC, Kerala, 1996 LLJ-II-14 Ker.
7.5 Authorities under the Act and their  Air India v. Authority under the Act,
powers and functions. 1999 CLA 34 Bom. 66

UNIT 8 6
Topic: Payment of Bonus Act, 1965
8.1 Evolution and scope of the Act  Mumbai Kamgar Sabha v. Abdulbhai
Faizullabhai, (1976) II LLJ 186
8.2 Definitions: Wage, Allocable  Project Manager, Ahmedabad
Surplus Project, ONGC v. Sham Kumar
Sahegal (1995) 1 LLJ 863
8.3 Calculation of Bonus  Pandian Roadways Corpn. Ltd. v.
Preseding Officer, Principal Labour
8.4 Eligibility and disqualification for Court, (1996) 2 LLJ 606
bonus  Hukam Chand Jute Mills Ltd. v.
Second Industrial Tribunal, West
8.5 Minimum and maximum bonus Bengal, AIR 1979 SC 876
 J.K.Chemicals v. Maharashtra, 1996
8.6 Special provisions regarding certain III CLA Bom. 12
establishments

UNIT 9 5
Topic: The Contract Labour (Regulation and Abolition) Act, 1970
9.1 Its object and its essential features  Air India Statutory Corporation v.
United Labour Union, AIR 1997 SC
645
 Gujarat Electricity Board, AIR 1995
SC 2942)
 Steel Authority of India v. National
Union of Water Front Workers and
others, AIR 2001 SC 3527
 n Padam Prasad Jain v. State of Bihar
and another, (1979) I LLJ p. 111

UNIT-10
THE CHILD AND ADOLESCENT LABOUR (PROHIBITION AND REGULATION) ACT,
1986

10.1 Introduction  Laborers Working on 5

Salal Hydro–project v.
10.2 Prohibition of Employment of State of Jammu and
Children in certain occupations Kashmir and other, AIR
and processes 1984 SC 177
 People’s Union for
Democratic Right v.
Union of India--AIR 1991
10.3 Regulation of conditions of work
SC 1473
of Adolescent
 M.C. Mehta v. State of
Tamil Nadu-AIR 1997,

4
10.4 SC 699;
Miscellaneous  Bandhu Mukti Morcha
v.UOI, (1997) 10 SCC
549;
 Hemendra Bhai v.State of
Chattisgarh(2003)II ILJ
645 (Chhat)

UNIT 10
Topic: Factories Act, 1948
10.1 Health, Safety and other Welfare  V.P. Gopala Rao V. Public 6
Measures Prosecutor, Andhra Pradesh, AIR
1970 SC 66
 Lal Mohammad V. Indian Railway
Construction Co. Ltd., AIR 1999 SC
355
 State of Gujrat V. Jethalal Ghelabhai
Patel, AIR 1964 SC 779
 Parimal Chandra Raha V. Life
Insurance Corporation of India, AIR
1995 SC 1666
 Indian Petrochemicals Corporation
Ltd. V. Shramik Sena, AIR 1999 SC
2577
 H.S. Sharma V. M/s. Artificial Limbs
Manufacturing Corpn., AIR 2002 SC
226
 John Douglas Keith Brown V. State
of W.B., AIR 1965 SC 1341
 Clothing Factory, National Workers
V. Union of India, AIR 1990 SC
1383
 S.M. Datta V. State of Gujrat, AIR
2001 SC 3253

Books for Reference

Sl. Author Title of the Book Publisher

No.

1. Anil Kumar Social Security and Labour Deep & Deep Publications,
Welfare 2003

2. SN Mishra Labour and Industrial Laws, Central Law Publications,

25th Edn.-2009 Allahabad

3. K M Pillai Labour and Industrial Law, Allahabad Law Agency,

10th Edn- 2005 Allahabad

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 4. Dr. V G Goswami Labour Industrial Laws, Central Law Agency, Allahabad
8th Edn. – 2004

5. G M Kothari A Study of Industrial Law, Wadhwa and Co., Nagpur

5th Edn.-2000

6. S M Chaturvedi and Labour and Industrial Laws, Central Law Agency, Allahabad
Dr. Indrajeet Singh 13th Edn.-2006

Evaluation Criteria Marks

Mid Semesters Examination 25
Project (10- Written Submission & 5-Viva) 15
Presentation/GD/Moot Court 10
End- Semester Examination 50
Total 100