[LW5013]- Labour Code II ( Semester- IX/ paper- 1 )

Credits- 4 Total class hours- 72 hours (including tutorials and proctors)

COURSE DESCRIPTION

This course is to draw attention of the students about the changing dimension of
Labour Law while keeping with its conceptual framework. The course has been
designed to generate understanding amongst the students about the objectives of the
labour legislations and enable them to critically examine the development and
changes that have taken place in this area from time to time. The course as such,
introduces the students to the major changes reflected in the history of Labour laws
with a specific focus on areas such as health, safety, security and majors retirement
benefits among others.
(The Syllabus Will be Applicable When the New Labour Code will be
Implemented)

LEARNING OBJECTIVES
The primary objectives of this course are:
1. To familiarize the students with the conceptual framework of labour Law such
from various dimensions
2. To train students with the provisions relating to Health,Safety and Working
Condition of Workers and Social Security Legislation
3. To make students acquainted with the need for Labour Law Reforms and
Code on Wages ,2019 and its various perspectives in future

4. To examine whether the present legal framework provided by the state is

adequate to meet the challenges of globalization and to keep the students
abreast of the latest developments in the present economic order and discuss
critically the resultant changes that need to be made in industrial relations law
for achieving higher economic growth tempered with social justice.
TEACHING METHODS

1. Teaching would be primarily done by means of Socrates method. There will be

few group works, discussions, project work, and project presentations

2. Readings, case laws and notes in the text, materials from the web shall be
employed to provide one with source documents and commentaries concerning the
development and articulation of the principles underlying the study of Labour Law.

3. Problem oriented studies shall be applied to facilitate interaction. For the same a
combination of techniques in the form of be supplemented by class room
deliberations, tutorials and problem solving shall be applied.

Module 1 - Conceptual Framework of Labour law

The issues which will be addressed in the first module would basically deal with
Labour welfare policies and it’s objective provide social justice. The students would
also be able to understand the need of Labour Law and it’s constitutional validity .
1.1 Conceptual Framework
1.2 Concept of Social Justice - Working Condition in Organized and Unorganized
Sectors
1.3 Concept of State Regulation and Labour Welfare
1.4 Constitution of India and Labour - Constitutional guarantees to impart Justice to
weaker sections, Children and Women
1.5 Recent and Important Judicial Decision regarding Conceptual Framework of
Labour Law
Course take away - Labour Law as form of Social Justice
Skill Development component- The students would be able to understand the
important judicial decision and practical implication of Labour law
Number of hours- 12 hours
Module 2 - Legislation relating to work- condition and provision of health ,
safety and welfare
The issues which will be addressed in the Second module would basically deal with
Health, Safety and Working conditions. The students would also be able to understand
the welfare mechanism for Labour safety and its Legislative mechanism

2.1 Occupational Safety, Health and Working Conditions Code, 2020 - The Factories
Worker,The Mines Worker,Contract Labour ,The Building and other Construction
Workers, Inter-State Migrant Workers, Unorganized Sector Worker, The Beedi and
Cigar Workers

2.2 Registration of Establishment.

2.3 Duties of Employer and Employees - Occupational Safety and Health bodies and
conditions of Health, Safety and Working conditions

2.4 Welfare conditions of Establishments.

2.5 Hours of Work and Leave with Wages .

Course take away - Legislative mechanism for Health , Safety and Welfare of
Workers
Skill Development component- The students would be able to understand the Newly
enforce Labour Code and also gain knowledge about the reforms of labour law.
Number of hours- 12 hours
Module 3 - Labour Welfare and System of Governance
The issues which will be addressed in the Third module would deal with System of
governance. However problems like bonded labour child labour is also incorporated
in the syllabus.
3.1 Role of Government , Labour Welfare Departments, Worker’s Education
3.2 Labour Law and PIL - Legal Services Programme
3.3 Important and Recent Judicial Decision
3.4 Bonded Labour - Problems of Bonded Labour - Bonded Labour
System(Abolition) Act,1976
3.5 The Child and Adolescent Labour (Prohibition and Regulation) Act , 1986 -
Amendments
Course take away - System of governance for labour welfare
Skill Development component- The students would be able to understand the how
the system of governance working for Labour
Number of hours- 12 hours
Module 4 - Legislation relating to Wage
The fourth module would deal with Wage related Legislation for Labour. Also New
changes in the wage law made in 2019 is incorporated for better understanding of
students
4.1 Code on Wages,2019- it’s impact on Labour
4.2 Equal Remuneration,Payment of Wages,Payment of Bonus,Minimum Wages
4.3 Advisory Board,Payment of dues, Claims and audit
4.4 Inspector-Cum-Facilitator
4.5 Offence and Penalties
Course take away - Purpose and Function of New Wage Code
Skill Development component- The students would be able to understand the wage
mechanism of Labour and it’s impact on their livelihood.
Number of hours- 12 hours
Module 5 - Law Relating to Social Security against Employment injury and
other Contingencies
The fifth module would deal with Social Security Legislation for Labour. Also New
changes in the Social Security law made in 2020 is incorporated for better
understanding of students
5.1 Concept and Development of Social Security measures - Employees liability to
compensate for employment injury
5.2 Concept of ‘Accident arising out of’ and ‘in the course of the employments’
5.3 Doctrine of Notional Extension and Added Peril
5.4 Concept of Total and Partial Disablement - Quantum and Method of Distribution
of Compensation
5.5 Social Security and Legal Protections :
 Maternity Benefit,
 Important and Recent Judicial Decision
Course take away - Purpose and Function of Social Security legislation
Skill Development component- The students would be able to understand the Social
Security mechanism of Labour and it’s impact on their livelihood.
Number of hours- 12 hours
Module 6 - Law Relating to Retirement Benefit
The Sixth module would deal with Retirement benefit of Labour. The student will
understand the legislative system for labour in their old age.
6.1 Family Pension Scheme
6.2 Employee Pension Scheme
6.3 Payment of Gratuity (Concept of Gratuity - Eligible - Determination of Gratuity -
Forfeiture of Gratuity)
6.4 Payment of gratuity
6.5 Important and Recent Judicial Decision
Course take away - Objective and Function of Retirement benefit schemes and
policies
Skill Development component- The students would be able to understand the
Practical implication of Retirement benefit mechanism for labour.
Number of hours- 12 hours
CASE REFERENCES

 People’s Union for Democratic Rights and Others Vs. Union of India
& Others (AIR 1982 SC1473)
 Dr. Rachna Chaurasiya vs. State Of U.P. & Ors. (Allahabad H.C, Civil Misc.
Writ Petition No. 24627 of 2017)
 National Campaign Committee for Central Legislation on Construction
Labour (NCC-CL) Vs. Union of India & Ors WITH CONMT. PET. (C) No.
52/2013 in W.P. (C) No. 318/2006, Supreme Court of India
 National Domestic Workers Welfare Vs. State of Jharkhand and Ors, HIGH
COURT OF JHARKHAND [W.P. (PIL) No. 7032 of 2012] (Decided on Nov,
20, 2014)
 R.B. Moondra And Co. vs Mst. Bhanwari And Anr. on 22 April, 1969 AIR
1970 Raj 111
 Employees' State Insurance Corporation Vs. Venus Alloy Pvt. Ltd.
[Civil Appeal No. 1464 of 2019 arising out of SLP (Civil) No. 12812 of 2015]
  Anand Kumar Bindal vs Employees' State Insurance ... on 5 October, 1956,
Allahabad High Court, AIR 1957 All 136
 Employees State Insurance Corporation & ANR. Vs. Mangalam Publications
(I) Private Limited CIVIL APPEAL NO. 4681 OF 2009 [See S.C Judgment on
SEPTEMBER 21, 2017]

TEXT BOOKS (3 BOOKS)

 Johari,C.K : Issues in India Labour Policy

 Saxena, R.C. : Labour Problems and Social Welfare in India
 Barwell and Kar : Law of Service in India , Vol II ( 1956),Service in Industries

REFERENCE BOOKS :( 6 REFERENCE BOOKS )

 Shrivastav , S.C. Social Security and labour Law
 Kothar, G.L. : Wage,Dearness Allowances and Boss
 Kothari ,G.L : Bonus and Profit Sharing
 Indian Law Institute - Labour Law and Labour Relations(1968)
 Fonseca , A.J. : Wage issues in a Developing Economy,1975
 Srivastava,S.C.: Treaties on Social Security

RESEACHED ARTICLE RFERENCE

 K.R. Shyam Sundar, No Dialogue with Trade Unions, India's Labour Laws Are
Now a Product of Unilateralism, The Wire, 7th June 2020.
 G. Sampath, A Supreme Court judgment poses an old question to India’s labour
movement: how to unionise contract workers, The Hindu, 2016.
 Shukla K, Purohit M, Gaur SP. Studying ‘Make in India’ from the Lens of Labour
Reforms. Management and Labour Studies. 2017;42(1):1-19.
doi:10.1177/0258042X17690842
 Karani A, Panda R. ‘Make in India’ Campaign: Labour Law Reform Strategy and
Its Impact on Job Creation Opportunities in India. Management and Labour
Studies. 2018;43(1-2):58-69. doi:10.1177/0258042X17753177
 Ramapriya Gopalakrishnan,Changes in Labour Laws Will Turn the Clock Back
by Over a Century, THE WIRE, 2020
 Module Skill Component

Module 1: Conceptual Framework of

Research paper Writing
Labour law
Module 2: Legislation relating to
Topic Presentation
work- condition and provision of
health , safety and welfare

Module 3 : Labour Welfare and Case Study

System of Governance

Module 4 : Legislation relating to Group Discussion

Wage

Module 5 : Law Relating to Social Report Writing

Security against Employment injury
and other Contingencies

Module 6 : Law Relating to

Group Presentation
Retirement Benefit



List of Resource Persons
1. International
 Dr. Rene E. Ofreneo, Professor Emeritus and Former Dean of the School of
Labor and Industrial Relations (SOLAIR), University of the Philippines, Email :
reneofreneo@yahoo.com
 Prof Alan Neal, School of Law ,University of Warwick United Kingdom, Email:
alan.neal@warwick.ac.uk

2. National

 Dr. PRAVIN SINHA ,President,National Labour Laws Association Email :

ep.nlla@gmail.com

 Prof.(Dr.) B. T. Kaul ,Advocate , Supreme Court of India , Email :

btkaul@yahoo.com

 Dr. S. C. Srivastava , Secretary General, NLLA, Email :

sc2003srivastava@yahoo.co.in
 Sh. Onkar Sharma, Dy Cief Labour Commissioner(OS),Delhi,Email Id.
onkar.sharma64@nic.in