Professional Documents
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Teaching Plan - Labour Laws
Teaching Plan - Labour Laws
Teaching Plan - Labour Laws
of
Labour Laws
for
Semester VI
Compiled By :
Ankit Srivastava
Course Teacher
Table of Contents
1. Preface
3. Syllabus
4. Teaching Plan
5. Reference Material
6. List of Assignments/Projects
7. Important Instructions
1. Preface/Outline of the Subject
In this course, the students are to be acquainted with the Industrial relations
framework. Further, the importance of the maintenance of industrial peace and efforts to
reduce the incidence of strikes and lockouts are to be emphasised. The main objective
is to critically examine the provisions in the Trade Unions Act, 1926; the machineries
contemplated under the Industrial Disputes Act, 1947 for the prevention and
settlement of industrial disputes and other matters. Further, the objectives underlying
the Industrial Employment (Standing Orders) Act, 1946 and Disciplinary Enquiry for
misconduct are to be studied with a view to acquaint misconduct and the procedure to
be followed before imposing punishment for misconduct alleged and established.
Referring wherever necessary to the Constitutional provisions and the ILO
Conventions and recommendations will do learning of these legislations. We will be
looking at the judicial response, legislative response and probable amendments
required to the industrial relations laws to meet the challenges posed by economic
liberalisation. In order to understand the above- mentioned legislations in their proper
perceptive, a brief historical background of these legislations will also be examined.
In this course, students shall also acquaint with legal frame-work relating to social
security and welfare. The concept of social security, its importance and also
Constitutional basis for the same are introduced. The importance of ensuring health,
safety and welfare of the workmen, social assistance and social insurance schemes and
the regulation of wages under various legislations are to be emphasised. The objective
is also to understand the provisions of the Employees Compensation Act, 1923, the
Employees’ State Insurance Act, 1948, the Payment of Wages Act, 1936, the Factories
Act, 1948. These legislations are to be studied with a view to acquaint the students
regarding various rights and benefits available to the workmen thereunder. Legislations
are to be analysed by examining historical background, objectives underlying these
legislations, judicial interpretations and effectiveness of these legislations in the
changed economic policies.
Module III: The Employees’ Compensation Act, 1923 & The Employees’ State
Insurance Act, 1948
1. 3
Historical aspects - Master and Slave Relationship, Trade
Unionism in India and UK - Enactment of the Trade Unions
Act, 1926- ILO Conventions relating to Trade Unions and
relevant Constitutional provisions.
2. Constitutional freedom to form associations and unions – 1
Constitution of India, Articles 19 (1) (c), (4) and 33
3. Definitions of ‘trade union’, ‘workman’ and ‘trade dispute’ – The 2
Trade Unions Act, 1926, sections2 (g) and (h), 3-13, 15, 22
Total Lectures 10
Module II
Module III
The Employees’ Compensation Act, 1923 & The Employees’ State Insurance Act,
1948
Module IV
The Payment of Wages Act, 1936 & The Factories Act, 1948
Total Lectures 12
5.1 Books:
5.2 Acts:
Module I:
• Bangalore Water Supply v. A Rajappa (1978)
• Panayam Cement Employees Union v. Commissioner of Labour (2004) 1 LLJ 915
• Govt. Tool Room & Training Centre’s Supervisor Officer’s Association v. Asst.
Labour Commissioner
• Rangaswami v. Registrar of Trade Unions (1962)
• T T Devasthanam v. Commissioner of Labour (1979)
• K. V Sridharan v. S. Sundaramoorthy (A trade Union is not an authority u/A 12 of the
Constitution of India)
• Charu Khurrana & Othrs. v. Union of India (A trade union cannot have any such
regulations/bye laws which abrogate any of the rights conferred by the Constitution).
• Registrar of Trade Unions v. M. Mariswami (1974)
• B.S.V Hanumantha Rao & anthr. v. Deputy Registrar of Trade Unions (The rules of
the Trade Union cannot be against the letter and spirit of the provisionsof Sec. 6 of the
TU Act)
• Bokajan Cement Corporation Employees Union v. Cement Corporation of India
(2004) [When a person ceases to be an employee does he also lose his right to
continue as a member of the Trade Union?
• Rohtas Industries Ltd. & Another v. Rohtas Industries Staff Union (1976 AIR 425).
• Jay Engineering works Ltd. v. Staff (AIR 1968 Cal 407).
• Federation of Western India Cine Employees v. Filamalaya Pvt. Ltd. (1981) 1 LLJ
123
Module II
• Look at the discussion around the definition of Industry also in the light of Jai Bir
Singh v. State of UP
• Sindhu Resettlement Corporation Ltd. v. Industrial Tribunal (1968).
• Bombay Union of Journalists v. The Hindu (1963).
• Shri Rameshwar Manjhi (deceased) v. Management ofSangramgarh Colliery (1994)-
This SC judgment changed the different stands that were taken by the different High
Courts of our country. (Can ‘Industrial dispute’ survive after the death of the
workman?)
• State of Bihar v. Kripa Shankar Jaiswal (1960).
• Madhav Kutty v. Union of India (1982) - Can a Conciliation Officer go into the merits
of
• the dispute?
• Sukhbir Singh v. Union of India (1994)
• Workmen of Buckingham Carnatic Mills v. State of Tamil Nadu (1982).
• Manoharan Nair v. State of Kerala (1983).
• ITC Ltd. Workers Welfare Association v. Management of ITC Ltd. (2002)
• T K Rangarajan Appellant v. Govt. of Tamil Nadu and others (2003).
• AP State Road Transport Corp. Employees v. AP State Road Transport Corporation
(1970).
• Syndicate Bank v. Umesh Nayak (1994).
• Swadeshi Industries Ltd. v. Its Workmen (1960) – On legality and Justifiability of
Strike
• Gujarat Steel Tubes Ltd. v. Gujarat Steel Tubes Mazdoor Sabha (1980).
• T K Rangarajan Appellant v. Govt. of Tamil Nadu and others (2003).
• All India Bank Employees Association v. National Industrial Tribunal (1962).
• Harish Uppal v. Union of India (2002)- Read this case in the light of the
• observation made by the Supreme Court in declaring that ‘Lawyers do not have a
• fundamental right to go on a strike’.
Module III
• K Sivaraman & ors v. P. Sathishkumar& Anr SLP (C) No. 18110of 2019
• M/S Star Press v. Meena Devi (2017)
• ShriSankarKal, Vs.Sri Sunil Kumar Saha (2012) IV LLJ 629 Gau
• JyothiAdemma v. Plant Engineer, Nellore ( 2006) 5 SCC 513
• Regional Director, ESI Corporation v Francis De Costa (1997) 1 LLJ 34
• Jaipur Golden Gas Victim Association v. Union of India & Ors 164(2009) DLT 346
DB
• United India Insurance Co. Ltd., Divisional BranchVs. Padmini (2013)III LLJ 176
Mad
• Param Pal Singh v National Insurance Company (2013) 3 SCC 409
• Malikarjun G.Hiremath v Branch Manager, Oriental Insurance Company limited
(2009) 13 SCC 405
• Nizam's Institute of Medical Sciences v. Prasanath S. Dhananka 2009 (6) SCC 1
• Gopi Ram v. Bhimsen &Ors (2009)
• Air India v. Nergesh Mirza ( 1981)
Module 4
• Chandra Bhavan Boarding and Lodging Bangalore v. State of Mysore and another
• Shamrao vs State Of Bombay
• Uchinoy vs. State of Kerala
• Bhikusa Yamasa Kshatriya vs Sangammar Akola Bidi Kamgar Union
• N.M.Wadia Charitable Hospital vs. State of Maharashtra
• Engineering Workers Union Vs.Union of India (1994),
• UNION OF INDIA & ANR. Vs AVTAR CHAND ETC.
• The Director, Steel Authority of India Ltd. Vs. Ispat Khandan Janta Mazdoor Union
• National Campaign Committee for Central Legislation on Construction Labour
(NCC-CL) Vs. Union of India & Ors. [March 19, 2018]
• Kerala Private Hospital Association Vs. State of Kerala & Ors. [November 09, 2017]
4.0 List of Project Topics
The Project for labour law will be critical analysis of one case law done by a group of two
students. The students will have to read one full case law and prepare a report as per the
IRAC (Issue, Rule, Application, Critical Conclusion) method. This approach will prepare a
document for the batch with major case laws. A total of 60 cases will be circulated.
68. BAL/073/18 Rachit Gupta Rohtas Industries Ltd. & Another v. Rohtas
Industries Staff Union (1976 AIR 425).
69. BAL/074/18 Raghav Parashar Jay Engineering works Ltd. v. Staff (AIR
1968 Cal 407).
85. BAL/090/18 Sanket Solanki Gujarat Steel Tubes Ltd. v. Gujarat Steel
Tubes Mazdoor Sabha (1980).
88. BAL/093/18 Shaileshwar Yadav Harish Uppal v. Union of India (2002)- Read
this case in the light of the
97. BAL/102/18 Somya Agrawal United India Insurance Co. Ltd., Divisional
BranchVs. Padmini (2013)III LLJ 176 Mad
105. BAL/111/18 Swati Dehariya J.K. Cotton & Spinning and weaving Mills v.
Badri Mali and othrs. (1964)
112. BAL/118/18 Yash Garg Mukund Ram Tanti v. S.I Registrar Trade
Union (1962)
Course Teacher