MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Course Outline

BAL8.3 LABOUR LAWS-II

B.A.LL.B.(Hons.) Five-Year Integrated Degree Course
Academic Session: 2022-2023
4th YEAR, SEMESTER–VIII

Designed and Developed by:

Prof.(Dr.) Vijay Pratap Tiwari
Professor of Law
Mr.Jagdish W. Khobragade
Assistant Professor of Law

Course Instructor:
Mr.Jagdish W. Khobragade
Assistant Professor of Law

January 2023
(Strictly for Private Circulation)

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 LABOUR LAWS - II

Semester-VIII January -May 2023

Course Code BAL8.3
Course Credit 4
Maximum Marks 100
Teaching Hours 64
Presentation Hours 12-15
Medium of Instruction English
Course Compulsory
Introduction
Indian labour legislation was inherited from British Rule. Further, the Constitution of
India has a great impact on labour legislation due to the concept of the welfare state and
social security provisions. However, the speed of labour reforms is very slow even after
the liberalization, globalization, and privatization in 1991. The labour laws in India before
the 1970s were framed mainly to cater to the Manufacturing Sector and do not address the
problems of the fast-growing Service Sector of the Millennium which today accounts for
about 55 percent of our GDP. The current labour laws relating to wages protect about 40%
of the organized workforce with many outdated and inflexible provisions which seriously
hamper the employment generating capacity of the organized sector. Most of the 10-12
million youth joining labour force each year are forced to join the informal unorganized
sector where both the working conditions and wages are poor. Now India is currently
ranked 63rd in the ‘Ease of Doing Business Rankings, 2020’ issued by the World Bank.
The second national Commission on Labour (NCL) setup in 1999 suggested
rationalization of existing laws relating to Labour in the organized sector and umbrella
legislation for ensuring a minimum level of protection for workers in the unorganized
sector. The NCL which submitted its report in June 2002 had recommended that the
existing Labour Laws should be broadly amalgamated into the following groups:1.
Industrial relation, 2. Wages, 3. Social Security, 4. Occupational Safety, Health, and
Working Conditions.Now in line with the overall vision of making India a hub of
manufacturing base, the existing Government has embarked upon the rephrasing and
replacing almost the entire set of Central labour legislations by 2022. The Union
government has recently modified 29 central labour legislation into four codes namely
Industrial Relation Code,2020, the Occupational Safety, Health, and Working Conditions
Code, 2020, the Code on Social Security, 2020, and the Code on Wages, 2019. However,
this course is limited to studying all three new codes except Industrial Relations Code,
2020.
The course is designed, in Module I, to make students understand the law relating to
social security. In Module II, the course aims to make students understand the unorganized
sector and the benefits of social security to the unorganized sector. Module III is dedicated
to understanding the laws relating to Wages. In Module IV, the course intends to make
students analyze the provisions relating to Occupational Safety, health, and working
conditions of the employees. In Module V, the course deals with contemporary issues
relating to labour laws and their interface with other subjects.
Course Objectives
The course is designed to acquaint with recent labour legislations i.e. Code on Wages,
2019, the code on Social Security, 2020, the Occupational Safety, Health and Working
Conditions Code, 2020. The students will scrutinize the abovementioned areas of legislation

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 on the touchstone of globalization and liberalization. The students will understand the
Constitutional framework and role of labour legislation in maintaining discipline in
Industrial relationships and safeguards available to employees. The objectives of the course
are to:
 Understand the concept and nature of labour law with recent developments i.e. Code
on wages, 2019, the code on social security, 2020, the occupational safety, health and
working conditions code, 2020;
 Examine provisions relating to social security measures available in Code on Social
Security2020;
 Analyze the provisions relating to social security for the unorganized sector;
 Explore laws relating to wages, payment of bonus, welfare, paid leave, and working
hours under the Code on Wages2019;
 Scrutinizethe Law Relating To Safety, Health, And Working Conditions Under The
Occupational Safety, Health And Working Conditions Code 2020; and
 Understand the relevance of labour law in the contemporary era and interface with
human rights and other subjects.
Teaching Methodology
The teaching methodology adopted to attain the course objectives would be a combination
of the lecture method; discussion method; study assignment method; and case method.
Further, Information and Communication Technology (ICT) tools, such as power-point
presentations; whiteboards; and, audio-visual aids would be employed to achieve the
aforementioned course objectives.
Course Evaluation Method
The Course is assessed for 100 Marks in total by a close book application-based
examination system. There shall be a Mid-Semester Exam for 20 Marks and End Semester
Exam for 50 Marks. 25 Marks are allotted for the Project work which includes 20 Marks
for written researchwork and 5 Marks for the presentation of the Project.The question
papers shall be designed on a decided or under-trial case-based; therefore, students
are advised to take classroom exercise seriously and to develop their own application-
based skills. 
Course Outcomes
Upon completion of the course, the students will understand the nuances of each
module and thereafter they shall be in a position to undertake labour laws-related matters
with the confidence to handle them in the courts. The students will be able to:
 Apply the recent amendments in labour legislation in their professional life.
 Handle disputes relating to social security measures of the working class under the
Code on Social Security 2020;
 Develop critical thinking about social security for the Unorganized Sector;
 Handle cases relating to wages, payment of bonus paid leave, and working hours
under the Code on Wages2019;
 Give consultations incases relating to employees under Occupational Safety, Health
and Working Conditions Code 2020; and
 Develop and handle procedural aspects of labourlaw and its interface with other
subjects in the contemporary era.

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 COURSE CONTENT
Module-I: Laws Relating to Social Security [Teaching Hours 12]
1.1 Social Security: Concept and historical background of Social Security; International
and Constitution provisions relating to Social Security; Social Security and Labour
Welfare in India; Pre- constitutional Labour legislations and Post-constitutional labour
legislations.
1.2 Social Security Organizations: Constitution of Boards for Provident Funds;
Employees State Insurance; National Social Security Board, State Board for
Unorganized Workers; Central Board; State Board; Regional Boards; Local
Committees; Functions and Procedures of Social Security Organizations.
1.3 The Employees’ Compensation: The employer liability for compensation; Amount
of Compensation; Distribution of Compensation; Notice and Claim; Remedies of an
employer against stranger; Insolvency of Employer; Competent Authorities;
Registration of agreements.
1.4 The Employees’ State Insurance: The Employees State Insurance Fund;
Contributions, Insurance of Employees, Corporation; Benefits; Occupational disease;
Medical Benefit; Scheme for beneficiaries; Constitution of Employees Insurance
Court; Appeals to High Court.
1.5 The Employees’ Provident Fund and the Employment Exchanges: Central Board;
Schemes; Funds; Contributions; Priority of payment of contributions over other debts;
Maintenance of Provident fund by the employer; Transfer of Accounts; Appeal to
Tribunal.Employment information and monitoring system; Reporting of vacancies to
career centers; certain employment excluded from the employment exchanges.

Law Commission of India Reports

 Law Commission of India, Report No.LXIIon the Employees Compensation Act 1923.
 Law Commission of India, Report No.CXXXIV on the Employees Compensation
Act1923.
Statutory References
The Code on Social Security2020 (Act No.36 of 2020)
The Employees’ Compensation Act 1923 (Act No.8 of 1923)
The Employees’ Provident Funds and Miscellaneous Provisions Act 1952
(Act No.19 of 1952)
The Employees’ State Insurance Act 1948 (Act No.34 of 1948)
The Employment Exchanges (Compulsory Notification of Vacancies) Act 1959
(Act No.31 of 1959)
Judicial References
Assistant Regional Director, Nagpur v, Model Mills Nagpur AIR 1991 SC 314
Bengal Coal Co. Ltd. v. Barhan Gopal (1983) II LLJ 86Cal
Bharat Heavy Electricals Ltd v. ESI Corporation AIR 2008 SC 1446
BM. Lakshmana Murthy v. ESI AIR 1974 SC 759
Calcutta Electric Supply Corporation v. Their Workers 1994 SCC (6) 548
Christian Medical College Hospital v. Medical College AssociationAIR 1988 SC 37
Delhi Jal Board v. National Campaign for Dignity and Rights 2011 (7) SCALE 489
Oriental Insurance Co. Limited v. Basavaraju (2003) 4 LLJ 845

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 GJ. Raja v. Tejraj Surana AIR 2019 SC 381
KR. Jagadeesan v. Indian Crumb Rubber Factory (1997) II LLJ 536 Ker
Mackinnon Mackenzie and Co, (P) Ltd. v. Ibrahim MahmmedIssakAIR1970SC1906
Modern Transportation Consultation Services v. Commissioner AIR 2019 SC 3875
State of Punjab v. Jagjit Singh (2017) 1 SCC 148
Olga Tellis v. Bombay Municipal Corporation AIR 1985 SC 180
Otis Elevator Employees' Union v. Union of India AIR 2004 SC 3264
Shree Vishal Printers Ltd v. Fund Commissioner AIR Online 2019 SC 2018
Compulsory Readings
 K R Shyam Sundar, “Occupational Safety Continues to be Ignored as a Right,” Vol. 55,
Issue No. 39, ECONOMIC AND POLITICAL WEEKLY, 2020, pp.1.-15.
 S.C. Srivastava, LABOUR LAW AND LABOUR RELATIONS: CASES AND
MATERIALS, 7th ed., 2020, pp.491-508.
Suggested Readings
 Bhattacharya, A., ‘Labour Market Regulation and Industrial Performance in India’
Vol.49, Issue 2, INDIAN JOURNAL OF LABOUR ECONOMICS, 2006, pp 211-231.
 Felipe and R. Hasan (eds), LABOUR MARKETS IN ASIA: ISSUES AND
PERSPECTIVES, 1st ed., 2006, pp 205-300.
 Ghai, D. ‘Social Security Priorities and Patterns: A Global Perspective’. Discussion Paper
No. DP/141/2002. International Institute of labour Studies, Geneva, 2002.
 Ginneken, W. V. (ed.), SOCIAL SECURITY FOR ALL INDIANS, 1 st ed., 1998, pp.15-
50.
 Sharma, A. N.,‘Flexibility, Employment and Labour Market Reforms in India’ Vol.41,
Issue 21, ECONOMIC AND POLITICAL WEEKLY, 2006, pp-2078-2085.
 PL Malik, HANDBOOK OF LABOUR AND INDUSTRIAL LAW, 19th ed., Eastern
Book Company,2021.
 SN Mishra, LABOUR INDUSTRIAL LAWS WITH LATEST AMENDMENTS, 29 th
ed,2020.
 OP Malhotra, THE LAW OF INDUSTRIAL DISPUTES, 7 thed., Lexis Nexis
Butterworths, 2015.
Module-II: Social Security and Unorganized Sector [Teaching Hours 12]
2.1 Social Security for Unorganized Workers: Unorganized Workers; Gig Workers;
Platform Workers; the Cine Workers Welfare Fund; Domestic workers.
2.2 The Maternity Benefit: Right to payment of Maternity Benefit; Notice and Claim;
Payment of Medical Bonus; Duties of Employer.
2.3 The Payment of Gratuity: Gratuity; Payment of Gratuity; Continuous Service;
Nomination; Determination of amount of gratuity; Compulsory Insurance; Competent
Authorities.
2.4 The Building and Other Construction Workers Welfare: Registration of building
and construction workers; Building and Other Construction Workers Welfare fund;
Authorities, Appeal to appellate authorities; Levy and collection of cess.
2.5 Issues and Challenges of Unorganized Sector: Problems of Unorganized Workers;
policies for unorganized workers; Constitutional framework and unorganized workers;
legislations relating to unorganized sectors.

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Statutory References
The Code on Social Security 2020 (Act No.36 of 2020)
The Maternity Benefit Act 1961 (Act No.53 of 1961)
The Payment of Gratuity Act 1972 (Act No.39 of 1972)
The Cine Workers Welfare Fund Act 1981 (Act No.30 of 1981)
The Building and Other Construction Workers Welfare Act 1996 (Act No.28 of 1996)
The Unorganized Workers Social Security Act 2008 (Act No.33 of 2008)
Judicial References
Ahmedabad Pvt. Primary Teachers Association v. Administrative Officer AIR 2004 SC 1426
Jeevaraj v. D Sudhakar AIR 2011 SC 1158
Krishan Lal v. Food Corporation of India (2012) 4 SCC 786
Management of Site Women's College, Madras v. Mohd, Ibrahim (1992)I LLJ 9
Shuvila Chemical Pvt .Ltd v. BharatCooking Coal Ltd (2010) 10SCC 388
Vinay Tyagi v. Irshad All (2013)5SCC 762
Compulsory Readings
 S.C. Srivastava, LABOUR LAW AND LABOUR RELATIONS: CASES AND
MATERIALS, 7th ed., 2020, pp. 563-588.
 Santosh Mehrotra and Kingshuk Sarkar,“Social Security Code, 2020 and Rules- A
Critique” Vol. 56, Issue No. 12, ECONOMIC AND POLITICAL WEEKLY, 2021,
pp.17-20.
Suggested Readings.
 Ginneken, W. V. (ed.), SOCIAL SECURITY FOR ALL INDIANS, 1 st ed., 1998, pp.15-
50.
 HL. Kumar, PRACTICAL GUIDE TO PAYMENT OF GRATUITY ACT AND RULES,
9th ed., 2013.
 OP Malhotra, THE LAW OF INDUSTRIAL DISPUTES, 7 thed., Lexis Nexis
Butterworths, 2015.
 PL Malik, HANDBOOK OF LABOUR AND INDUSTRIAL LAW, 19th ed., Eastern
Book Company,2021.
 Sharma, A. N., “Flexibility, Employment and Labour Market Reforms in India”, Vol.41,
Issue 21, ECONOMIC AND POLITICAL WEEKLY, 2006, pp-2078-2085.
 SN Mishra, LABOUR INDUSTRIAL LAWS WITH LATEST AMENDMENTS, 29 th
ed.2020.

Module-III: Laws Relating to Wages [Teaching Hours 12]

3.1 Minimum wages: Payment of minimum rate of wages; Fixation of minimum wages
Payment of Dues, Claims, and Audit; Power of Central Government to fix wages,
Floor Wage; Wages for Overtime work.
3.2 Payment of wages: Mode of payment of wages; Fixation of wage period; Time Limit
for Payment of Wages; deductions, fines.
3.3 Payment of Bonus and Equal Remuneration: Bonus; Eligibility for the bonus;
Disqualification for Bonus; Computation of Bonus; Deductions; Applicability in the
public sector, the concept of Equal remuneration.

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 3.4 Roles and responsibilities of Inspector-cum-Facilitator: Appointment of Inspector-
Cum-Facilitator, Powers, and Functions of Inspector-cum-Facilitator.
3.5 Payment of Dues, Claims, and Audit: Responsibility for Payment of various dues,
claims under the Code on Wages, 2019, Audit, Records, Returns, and notices.
Statutory References
The Code on Wages 2019 (Act No.29 of 2019)
The Payment of Wages Act 1936 (Act No.04 of 1936)
The Minimum Wages Act 1948 (Act No.11 of 1948)
The Payment of Bonus Act 1965 (Act No.21 of 1965)
The Equal Remuneration Act 1976 (Act No.25 of 1976)
Judicial References
Harjinder Singh v. Punjab State Warehousing Corporation AIR 2010 SC 1116
N.K. Jain v.CK. Shah AIR 1991SC1289
UP SRTC v. Suresh Chand Sharma (2010) 6 SCC 555
Compulsory Readings
 Nivedita Jayaram,Protection of Workers’ Wages in India: An Analysis of the Labour
Code on Wages, 2019, Vol. 54, Issue No. 49, ECONOMIC AND POLITICAL
WEEKLY, 2019,pp.1-10.
 S.C. Srivastava, LABOUR LAW AND LABOUR RELATIONS: CASES AND
MATERIALS, 7th ed.,2020,pp.559-638.
Suggested Readings
 B. Rao, THE CONCEPT OF BONUS: A COMMENTARY ON PAYMENT OF BONUS
ACT, 8thed. Law Publishing House,2016.
 OP Malhotra, THE LAW OF INDUSTRIAL DISPUTES, 7 thed., Lexis Nexis
Butterworths, 2015.
 PL Malik, HANDBOOK OF LABOUR AND INDUSTRIAL LAW, 19th ed., Eastern
Book Company,2021.
 Saurabh Munjal and Vaibhav Munjal, HANDBOOK ON LABOUR WAGE CODE, 1st
ed.Bloomsbury Publishing, 2021.
 SN Mishra, LABOUR INDUSTRIAL LAWS WITH LATEST AMENDMENTS, 29 th
ed.2020.
Module-IV: The Occupational Safety, Health, and Working Conditions
[Teaching Hours 12]
4.1 Occupational Safety and Health: National Occupational Safety and Health Advisory
Board; Health Standards; Safety Committee; Safety Officers.
4.2 The Factories and working conditions: Approval and Licensing of Factories;
Dangerous Operations; National Board, Powers, and Functions of Authorities.
4.3 The Mines and working conditions: The power and functions of Manager,
establishment, exemptions of certain establishments; exceptions of certain persons,
working conditions.
4.4 Occupational Safety and Health: Thedockworkers; The Plantations Labour;the Cine-
Workers and Cinema Theatre Workers; Working Journalist.
4.5 Occupational Safety and Health: The Contract Labour; The Sales Promotion
Employees; The Motor Transport Workers; The Beedi and Cigar Workers; Audio-
Visual Workers.
Statutory References

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The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act 1996 (Act No.27 of 1996)
The Cine- Workers and Cinema Theatre Workers (Regulation of Employment)
Act1981 (Act No.50 of 1981)
The Contract Labour (Regulation and Abolition) Act 1970 (Act No.37 of 1970)
The Dock Workers (Safety, Health, and Welfare) Act 1986 (Act No.54 of 1986)
The Factories Act 1948 (Act No.68 of 1948)
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service)
Act 1979 (Act No.30 of 1979)
The Mines Act 1952 (Act No.35 of 1952)
The Motor Transport Workers Act 1961 (Act No.27 of 1961)
The Occupational Safety, Health and Working Conditions Code 2020(Act No.37 of 2020)
The Plantations Labour Act 1951 (Act No.69 of 1951)
The Sales Promotion Employees (Conditions of Service) Act 1976; the Beedi and Cigar
Workers (Conditions of Employment) Act 1966 (Act No.11of 1976)
The Working Journalists (Fixation of Rates of Wages) Act 1958 (Act No.29 of 1958)
The Working Journalists and other Newspaper Employees (Conditions of Service) and
Miscellaneous Provision Act 1955 (Act No.45 of 1955)
Judicial References
Alembic Chemical Works Co. Ltd. v. The Workmen AIR 1961 SC647
Ardeshir H. Bhiwandiwala v. The State of Bombay AIR 1962SC29
Barat Fritz Werner Ltd. v. The State of Karnataka AIR2001SC1257
BhikusaYamasa Kshatriya v. Sangamner Akola TalukabidiKamgar UnionAIR 1963SC1591
Board of Trustees for the Port of Calcutta v. Achintya Kumar Mondal AIR1993 SC 2278
Compulsory Readings
 S.C. Srivastava, LABOUR LAW AND LABOUR RELATIONS: CASES AND
MATERIALS, 7th ed.,2020, pp.649-701.
Suggested Readings
 OP Malhotra, THE LAW OF INDUSTRIAL DISPUTES, 7thed. Lexis Nexis
Butterworths, 2015.
 PL Malik, HANDBOOK OF LABOUR AND INDUSTRIAL LAW, 19th ed. Eastern
Book Company,2021.
 SN Mishra, LABOUR INDUSTRIAL LAWS WITH LATEST AMENDMENTS, 29 th
ed.2020.
Module-V: Contemporary Issues and Labour Laws [Teaching Hours 12]
5.1 Pandemic and Workmen: Inter-state migrant workers and pandemic COVID-19,
Pre-COVID-19 and employment, Contract labour and Pandemic COVID-19.
5.2 Human Rights and Labour Laws:The interface between Human Rights and Labour
laws; International Instruments relating to Human Rights and Labour, Effectiveness of
International Framework and labour laws.
5.3 Equality, Diversity, Inclusion, and New Challenges: Constitutional framework;
fundamental rights and Directive Principles of State Policies;labour rights in
pandemic; the concept of equality; inclusiveness and new challenges after Pandemic
COVID-19.

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 5.4 Innovation, Technology, and Emerging Trends in Work: Digitalization;Artificial
Intelligence; Changing dynamics of labour market with AI; Automation and Labour,
Impact of technology on Labour.
5.5 Issues and Challenges of Labour: The problem of unemployment;Labour Market
and Labour; Unemployment due to pandemics; labour reforms, the effectiveness of
government policies.
Statutory Reference
The Occupational Safety, Health and Working Conditions Code 2020(Act No.37 of 2020)
Judicial References
Consumer Education & Research v. Union of India AIR 1995 SC 922
State of Punjab v. Jagjit Singh (2017) 1 SCC 148
Compulsory Readings
 Alan Bogg, Ruth Dukes, Tonia Novitz, “Introduction: Contemporary Issues in Collective
Labour Law”, Vol. 46 No. 1, INDUSTRIAL LAW JOURNAL, 2017, pp. 1–5.
 Anibel Ferus-Comelo, ‘Migration and Precariousness: Two Sides of the Contract Labour
Coin’, Vol. 49, No. 36, ECONOMIC AND POLITICAL WEEKLY, 2014, pp. 39-47.
 S.C. Srivastava, LABOUR LAW AND LABOUR RELATIONS: CASES AND
MATERIALS, 7th ed.,2020, pp.3-24.
Suggested Readings
 Davies, A., HUMAN RIGHTS PERSPECTIVES ON LABOUR LAW.
IN PERSPECTIVES ON LABOUR LAW, 1st ed., 2004, pp. 36-53.
 Gabor Melypataki, “Effects Of Artificial Intelligence On Labour Law And Labour
Market: Can Ai Be A Boss?’, Vol. 15, No. 1, EUROPEAN INTEGRATION STUDIES,
2019, pp. 69-80.
 Sohini Sengupta and Manish K.Jha, “Social Policy, COVID-19 and Impoverished
Migrants: Challenges and Prospects in Locked Down India,” Vol.2, Issue 2, THE
INTERNATIONAL JOURNAL OF COMMUNITY AND SOCIAL DEVELOPMENT,
2020, pp. 152-172.

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