Labour Law and Industrial Legislations Syllabus and Notes
Labour Law and Industrial Legislations Syllabus and Notes
Labour Law and Industrial Legislations Syllabus and Notes
IA Marks :20
Exam Hours: 03
Exam Marks: 80
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Course Objectives:
Object 1
• To enable students to understand and apply the principles of IR and develop an awareness
Object 2
Object 6
3
4
5
Unit 1 (8 hours)
Introduction:
Background of Industrial Relations – Definition, scope, objectives, factors affecting IR, participants
of IR, importance of IR. Approaches to Industrial relations, system of IR in India –Historical
perspective & post-independence period, Code of Discipline and historical initiatives for
harmonious
IR, Government policies relating to labor, ILO and its influence on Legal enactments in India.
Unit 2 (8 Hours)
Collective Bargaining & Negotiation:
Collective Bargaining: Definition, Meaning, Nature, essential conditions for the success of
collective bargaining, functions of collective bargaining, importance of Collective Bargaining,
collective bargaining process, prerequisites for collective bargaining, implementation and
administration of agreements.
Negotiations-Types of Negotiations-Problem solving attitude, Techniques of negotiation,
negotiation
process, essential skills for negotiation, Workers Participation in Management
Unit 3 (8 Hours)
Trade Union
Trade Unions: Meaning, trade union movement in India, Objective, role and functions of the Trade
Unions in Modern Industrial Society of India, Procedure for registration of Trade Unions, Grounds
for the withdrawal and cancellation of registration, union structure, Rights and responsibilities of
TUs, Problems of trade unions, Employee relations in IT sector
Unit 5 (8 Hours)
Grievance procedure and Discipline management:
Grievance - Meaning and forms, sources of grievance, approaches to grievance machinery,
Grievance procedures, model grievance procedure. Disciplinary procedures, approaches to manage
discipline in Industry, Principles of Hot stove rule.
RECOMMENDED BOOKS:
• Employee Relations Management, P N Singh, Singh P. N., - Pearson Publications, 2011.
• Dynamics of Industrial Relations, Mamoria&Mamoria, Himalaya Publications, 2012
• Human Resource Management Principles & Practice, Aquinas, Vikas Publication.
• Personnel Management & Industrial Relations, Nair N G, Nair L, S. Chand Limited, 2001
• Essentials of Human Resource Management and Industrial Relations, Subba Rao, 3rd Revised
edition, Himalaya Publishing House, 2010.
REFERENCE BOOKS:
Industrial Relations, Trade Unions &Labour Legislation, P R N Sinha et al, Pearson Education,
2004.
• Bare Acts
• Industrial Relations and labor laws, ArunMonappa, RanjeetNambudiri, PatturajuSelvaraj, TMH,
1997.
• Industrial relations, trade unions and labor legislations, P R N Sinha, InduBala Sinha, Seema
PriyadarshiniShekar, Pearson Education, 2013, ISBN: 9788131731642
PART B:
Unit 5
INDUSTRIAL LEGISLATIONS
Only basic objectives and major provisions of the following legislations:
• Factories Act 1948,
• Industrial Employment (Standing orders) Act, 1946
• Employees’ State Insurance (ESI) Act, 1948,
• Maternity Benefit Act, 1961
• Contract Labour Act,
• Shops and Establishments Act
• Child Labour (Prohibition & Regulation) Act, 1986
• Industrial disputes act of 1947 (24 Hours)
Unit 6
• Minimum Wages Act, 1948
• Payment of Wages Act, 1936 (8 Hours)
Payment of Gratuity Act 1972,
Employees’ Provident Fund and Miscellaneous Provisions Act 1952;
Payment of Bonus Act, 1965.
Employees Compensation Act in 2013
NO PRACTICAL COMPONENT
RECOMMENDED BOOKS:
• Labor Laws for Managers, BD Singh, Excel Books, 2009
• Industrial Relations and Labor laws, SC Srivatava, 5th Edition, Vikas Publications.
• Elements of Mercantile Law - N. D Kapoor, Sultan Chand, 2004.
• Industrial Relations and Labour Legislations, Piyali Ghosh &ShefaliNandan, TMH.
• Labor Industrial Laws, Dr. V. G. Goswami, Eighth Edition, Central Law Agency, Allahabad
REFERENCE BOOKS:
• Industrial Relations, Trade Unions &Labour Legislation, P R N Sinha et al, Pearson Education,
2004.
• Bare Acts
• Industrial Relations and labor laws, ArunMonappa, RanjeetNambudiri, PatturajuSelvaraj,
TMH, 1997.
• Industrial relations, trade unions and labor legislations, P R N Sinha, InduBala Sinha, Seema
PriyadarshiniShekar, Pearson Education, 2013.
Unit 1 (8 hours)
Introduction:
Background of Industrial Relations – Definition, scope, objectives, factors affecting IR, participants
of IR, importance of IR. Approaches to Industrial relations, system of IR in India –Historical
perspective & post-independence period, Code of Discipline and historical initiatives for
harmonious
IR, Government policies relating to labor, ILO and its influence on Legal enactments in India.
Industrial Relations: Evolution and Growth in India
What is Industrial Relations?
1. The concept of industrial relations means the relationship between the employees and
management in the day to day working of an industry.
2. According to ILO international labor organization industrial relations deal with either
relationship between the state and employers‟ and workers organizations or the relations
between the occupational organizations themselves.
The HR Employee Relations Manager directs the organization's employee relations function.
They develop employee relations policies and ensure consistent application of company policies
and procedures. In addition, they are responsible for employee dispute resolution procedures,
performing internal audits, and taking appropriate action to correct any employee relations issues.
• Uninterrupted production – The most important benefit of industrial relations is that this
ensures continuity of production. This means, continuous employment for all from manager
to workers. The resources are fully utilized, resulting in the maximum possible production.
There is uninterrupted flow of income for all. Smooth running of an industry is of vital
importance for several other industries; to other industries if the products are intermediaries
or inputs; to exporters if these are export goods; to consumers and workers, if these are
goods of mass consumption.
• Reduction in Industrial Disputes – Good industrial relations reduce the industrial disputes.
Disputes are reflections of the failure of basic human urges or motivations to secure
adequate satisfaction or expression which are fully cured by good industrial relations.
Strikes, lockouts, go-slow tactics, gherao and grievances are some of the reflections of
industrial unrest which do not spring up in an atmosphere of industrial peace. It helps
promoting co-operation and increasing production.
• High morale – Good industrial relations improve the morale of the employees. Employees
work with great zeal with the feeling in mind that the interest of employer and employees is
one and the same, i.e. to increase production. Every worker feels that he is a co-owner of the
gains of industry. The employer in his turn must realize that the gains of industry are not for
him along but they should be shared equally and generously with his workers. In other
words, complete unity of thought and action is the main achievement of industrial peace. It
increases the place of workers in the society and their ego is satisfied. It naturally affects
production because mighty co-operative efforts alone can produce great results.
• Mental Revolution – The main object of industrial relation is a complete mental revolution
of workers and employees. The industrial peace lies ultimately in a transformed outlook on
the part of both. It is the business of leadership in the ranks of workers, employees and
Government to work out a new relationship in consonance with a spirit of true democracy.
Both should think themselves as partners of the industry and the role of workers in such a
partnership should be recognized. On the other hand, workers must recognize employer’s
authority. It will naturally have impact on production because they recognize the interest of
each other.
• Reduced Wastage – Good industrial relations are maintained on the basis of cooperation
and recognition of each other. It will help increase production. Wastage of man, material and
machines are reduced to the minimum and thus national interest is protected.
Thus, it is evident that good industrial relations is the basis of higher production with minimum cost
and higher profits. It also results in increased efficiency of workers. New and new projects may be
introduced for the welfare of the workers and to promote the morale of the people at work. An
economy organized for planned production and distribution, aiming at the realization of social
justice and welfare of the massage can function effectively only in an atmosphere of industrial
peace. If the twin objectives of rapid national development and increased social justice are to be
achieved, there must be harmonious relationship between management and labor.
1. To safeguard the interest of labor and management by securing the highest level of mutual
understanding and good-will among all those sections in the industry which participate in
the process of production.
2. To avoid industrial conflict or strife and develop harmonious relations, which are an
essential factor in the productivity of workers and the industrial progress of a country.
3. To raise productivity to a higher level in an era of full employment by lessening the
tendency to high turnover and frequency absenteeism.
4. To establish and promote the growth of an industrial democracy based on labor partnership
in the sharing of profits and of managerial decisions, so that ban individuals personality may
grow its full stature for the benefit of the industry and of the country as well.
5. To eliminate or minimize the number of strikes, lockouts and gheraos by providing
reasonable wages, improved living and working conditions, said fringe benefits.
6. To improve the economic conditions of workers in the existing state of industrial
managements and political government.
7. Socialization of industries by making the state itself a major employer
8. Vesting of a proprietary interest of the workers in the industries in which they are employed.
Scope of IR:
Based on above definitions of IR, the scope of IR can easily been delineated as follows:
1. Labour relations, i.e., relations between labour union and management.
2. Employer-employee relations i.e. relations between management and employees.
3. The role of various parties’ viz., employers, employees, and state in maintaining industrial
relations.
4. The mechanism of handling conflicts between employers and employees, in case conflicts arise.
The main aspects of industrial relations can be identified as follows:
1. Promotion and development of healthy labour — management relations.
2. Maintenance of industrial peace and avoidance of industrial strife.
3. Development and growth of industrial democracy.
An industrial relations system consists of the whole gamut of relationships between employees and
employees and employers which are managed by the means of conflict and cooperation.
A sound industrial relations system is one in which relationships between management and
employees (and their representatives) on the one hand, and between them and the State on the other,
are more harmonious and cooperative than conflicting, and creates an environment conducive to
economic efficiency and the motivation, productivity and development of the employee and
generates employee loyalty and mutual trust.
Actors in the IR system: Three main parties are directly involved in industrial relations:
Employers: Employers possess certain rights vis-à-vis labors. They have the right to hire and fire
them. Management can also affect workers’ interests by exercising their right to relocate, close or
merge the factory or to introduce technological changes.
Employees: Workers seek to improve the terms and conditions of their employment. They
exchange views with management and voice their grievances. They also want to share decision
making powers of management. Workers generally unite to form unions against the management
and get support from these unions.
Government: The central and state government influences and regulates industrial relations
through laws, rules, agreements, awards of court ad the like. It also includes third parties and labor
and tribunal courts.
SCOPE: The concept of industrial relations has a very wide meaning and connotation. In the
narrow sense, it means that the employer, employee relationship confines itself to the relationship
that emerges out of the day to day association of the management and the labor. In its wider sense,
industrial relations include the relationship between an employee and an employer in the course of
the running of an industry and may project it to spheres, which may transgress to the areas of
quality control, marketing, price fixation and disposition of profits among others.
The scope or industrial relations is quite vast. The main issues involved here include the following:
1. Collective bargaining
2. Machinery for settlement of industrial disputes
3. Standing orders
1. Workers participation in management
2. Unfair labor practices
ORGANISATIONAL STRUCTURE
The organizational structure formalizes relationship within the
organization. It has geographical, hierarchical and operational
dimensions. Those dimensions, depending upon the size and nature,
complicate the relationship in terms of communication, conduct, control
and coordination.
LEADERSHIP STYLE
Behaviors and functional styles of the leaders in the organization bear a
great influence on the climate. Every leader, in his/her own unique way
influences the functioning of the formal structures by informal and formal
interventions.
A leader having reverence for his followers will develop team spirit if he
leads by example. Industrial climate is a very delicate factor that can be
destroyed easily but built with difficulty. It is as fragile as a glass bangle.
In the present times carrot is not so enticing and the stick not so
threatening in public organizations in India. 90
INDIVIDUAL BEHAVIOR
Industrial relations ultimately depend upon the individuals constituting
the organization because every individual is the creator of the climate
around him.
Individuals perceive situations differently at times as individuals and as
groups. Experience, exposure, skills, orientation, background,
achievement of individuals makes them behave differently in responding
to situations or in creating situations. 91
The changes taking place in the technical and economic field puts
pressures on the organization and affects its operational and financial
strategies and employment and IR policies. 93
to Industrial Relations.
Existence of the single union or multiple unions and the discord/ tension
between all of them.
However, only after World War II, which saw large-scale dislocations,
misery, shortages and curtailments, scholars started studying &
researching Industrial Relations as a subject of study.
Initially they viewed the Industrial Relations from the angle of their own
subject domain, and drew heavily from them.
❖ All the participants have their own, goals, interest's values and beliefs.
Dunlop also argues that while there is a conflict of interests, among the
actors, there is also a body of common ideas that each actor holds towards
the place and function of the actors in the system.
❖ It does not take care of nature and development of conflict but tries to
take care of conflict resolution
❖ It focuses on the web of rules for formal interaction and ignores the
Flanders, Clegg and Fox are some of the important exponents of the
pluralist approach to the study of Industrial Relations.
Clegg (1979) also advocated the pluralist approach but points out the
difference of power between the participants and the effect of such
difference on the result of bargaining.
He said "unlike the pluralist, the radical does not see collective
organization of employees into trade union as restoring a balance of power
(or anything approaching it) between the propertied and the property less".
(Fox 1974).
100
The pluralist approach has been criticized for being too narrow to provide
a comprehensive framework for the analysis of Industrial relations. It
overemphasizes the significance of the process of collective bargaining
and gives insufficient weight to deeper psychological and social influences
on individual behavior. It gives importance to institutions and power
structures ignoring other facets of the environment.
The systems approach takes a wider look at rule making, whereas the
pluralist views it through the pigeonhole of collective bargaining only.
THE MARXIST APPROACH
All Marxist literature is based on the class conflict between haves and has
notes, between the controller and the controlled and between the exploiter
and the exploited. The Marxian approach to industrial relations, also,
therefore derives its strength from the class conflict analysis of industrial
relations. According to some Marxists, Industrial Relations are basically
market relations.
But the Marxists viewed a broader role for the working class as a struggle
against all forms of exploitative structures and processes, to establish a
new social order.
We must take up actively, the political education of the working class and
the development of its political consciousness.
TROTSKY (1977) viewed that trade unions came into existence when
capitalism began to dominate the economic system. The trade unions
had the objective of "raising the material and cultural level of the
proletariat and the extension of its political rights. Capitalism can continue
to maintain itself by lowering the standard of living of the working class".
Under there conditions, trade union can either transform themselves into
revolutionary organizations or become lieutenants of capital in the
intensified exploitation of workers. Trotsky's analysis concludes that trade
union has become a tool at the hands of capitalist.
As was said, the trade unions now play, not a progressive but a
reactionary role. The workers say to themselves
that trade unions are bad but without them, it might be still worse.
This is the psychology of being in a blind Alley. He further viewed that the
trade union bureaucracy persecutes the revolutionary workers even more
badly.
Workers, through trade unions, should the least, protest against erosion
of their rights and privilege. Marx felt that although workers unite for
common goals, the goals do not remain common and conflict of interests
creeps in, but still some common interests still remain which keep them
together.
5 SOCIOLOGICAL APPROACH
6. GANDHIAN APPROACH
Gandhiji accepted the workers right to strike, but only in extreme situation
when employers fail to respond to all kinds of moral appeals. Even strike,
if it takes place should be peaceful and non violent.
The Ghandhian approach is based on the premise of fair play and basic
goodness, of reasonable moral and ethical standards. Few scholars have
attempted to relate ethics and morality to the functioning of the Industrial
Relations system. 102
Good industrial relations can be maintained only when both labour and
management realize their moral responsibility in contributing to the said
task through mutual cooperation and greatest understanding of each other.
7 PSYCHOLOGICAL APPROACH
Mason Harei (1964) studied the perception and attitudes of "union leader"
and "Executives" by administering TAT (Thematic Apperception Test) to
both the groups and concluded. 104
Both view the individual person, (whether manager or worker) in a
different light when seen in the role of labour representative or manager.
(1) The management and labour see each other as less appreciatively
of others position.
(2) Labour & management see each other as less
dependable.
(3) Management and labour see each other as deficient in appreciating
ROUSSEAU, DM (1989)
Rousseau worked on the written and unwritten psychological contracts in
organizations and how the contractual exchanges affect the attitudes and
behavior of the employer towards the organization. She studied the
organizational, social and psychological meaning of contracts in
organization.
Rousseau (1989), drawing on the work of Mac Neil (1985) also argued that
employment contracts involve, apart from the economic, relation based
agreements also, denoting mutual commitment of the parties.
This relationship is shaped by continual interaction. Industrial relations
also have a fair amount of subjectivity "when an individual perceives that
contribution he or she makes obligates the organization to reciprocate in
a certain manner and vice-versa, a psychological contract emerges."
Here, the employees are not seen to be contracting with a employer but
rather their exchanges and relationships are to be studied in terms of
'organizational representatives' in place of employer, because in present
day context, there will be few 'homogenous' entities, entitled to be called
employer.
relationships.
• Transactional
• Relational
Hall (1993) found that a mix of the two might be needed by organizations
as per their size, operations and other requirements.
Mill word and Hopkins (1978) found that relational subscale was
significantly more linked with permanent, long-term employment, contrary
to transactional subscale. Relational subscale was also found to be
correlated with job and organizational commitment and also with job and
organizational commitment and also with the willingness to go that extra
mile for the organization.
• Obligations and
• Expectations
Robinson, Kraatz & Rousseau (1994) state that when employees perceive
that their long term expectations for personal growth increase in pay, better
working conditions etc. have not been honored they may react with anger,
exit or withdrawal. For many employees, compulsory relocation or job
change, threats of redundancy and intensified workloads, will have been
construed as fundamental violations of long-term reciprocity.
When human resources are not properly managed the problem of human
relations surface. It can be managed by appreciating the dynamics of
human behavior,
both at individual and group level. This approach tends to satisfy
individual and collective needs of workers - economic,
physiological, safety, security, social and psychological, as a step
to harmonies the interactions and exchanges at the workplace.
Guest & Hoque (1993) postulate that shift in collectivism and human
resource management might constitute a new format for employee
relations in certain specific contexts.
Barnard also argues that the nature of such exchange will need to undergo
continual adjustment and change, due to changing individual requirement
and states of mind.
• A process of exchange
• Character and dynamics of exchange relationship Consideration
employers, the employees, the trade union, and the state in a given
country.
Keeping this fact in view, IR in India is presented under the following two sections:
1. IR during Pre- Independence
2. IR during Post-Independence
1. IR During Pre-Independence:
The structure of the colonial economy, the labour policies of colonial government, the ideological
composition of the political leadership, the dynamics of political struggle for independence, all
these shaped the colonial model of industrial relations in pre-independent India”. Then even union
movement was an important part of the independence movement.
However, the colonial dynamics of the union movement along with the aggressiveness of alien
capital, the ambivalence of the native capital and the experience of the outside political leadership
frustrated the process of building up of industrial relations institutions. Other factors like the
ideology of Gandhian class harmony, late entry of leftists and the bourgeois character of congress
also weakened the class approach to the Indian society and industrial conflict”.
Till the Second World War, the attitude of the colonial government toward industrial relations was a
passive regulator only Because, it could provide, that too only after due pressure, the —um of
protective and regulative legal framework for industrial relations Trade Union Act 1926 (TL A)
Trade Disputes Act 1929 (TDA). It was the economic emergence of the Second World War that
altered the colonial government’s attitude on industrial relations.
The state intervention began in the form of introduction of several war time measures, viz. the
Defense of India Rules (Rule 81- A), National Service (Technical Personnel) Ordinance, and the
Essential Service (Maintenance) Ordinance As such in a marked contrast to its earlier stance, the
colonial government imposed extensive and pervasive controls on industrial relations by the
closing years of its era-. Statutory regulation of industrial relations was on plank of its labour
policy. The joint consultative institutions were established primarily to arrive at uniform and
agreeable labour policy.
The salient features of the colonial model of IR can be summarized as close association between
political and trade union movement, dominance of ‘outsiders’ in the union movement, state
intervention and federal and tripartite consultations.
The eve of Independence witnessed several instances that served as threshold plank for IR during
post Independence era. The prominent instances to mention are passing of Indian Trade Unions
(Amendment) Act, 1947, Industrial Employment (Standing Orders) Act 1946, Bombay Industrial
Relations Act, 1946, and Industrial Disputes Act, 1947 and split in AITUC and formation of
INTUC.
2. IR During Post-Independence:
Though Independent India got an opportunity to restructure the industrial relations system the
colonial model of IR remained in practice for sometimes due to various reasons like the social,
political and economic implications of partition, social tension, continuing industrial unrest,
communist insurgency, conflict, and competition in the trade union movement. In the process of
consultation and confrontation, gradually the structure of the industrial relations system (IRS)
evolved.
State intervention in the IRS was a part of the interventionist approach to the management of
industrial economy. Several considerations like unequal distribution of power in the labour market,
neutrality of the state, incompatibility of free collective bargaining institution with economic
planning etc. provided moral justification for retaining state intervention in the IRS. State
intervention in the IRS is logical also when the state holds large stakes in the industrial sector of the
economy.
However state intervention does not mean suppression of trade unions and collective bargaining
institution. In fact, state intervention and collective bargaining were considered as complementary
to each other. Gradually, various tripartite and bipartite institutions were introduced to supplement
the state intervention in the IRS.
The tripartite process was considered as an important instrument of involving participation of
pressure groups in the state managed system. Non formal ways were evolved to do what the formal
system did not legistate, for one reason or other.
The political and economic forces in the mid 1960s aggravated industrial conflict and rendered non-
formal system ineffective. In the process of reviewing the system, National Commission on Labour
(NCL) was appointed in 1966.
Now the focus of restructuring shifted from political to intellectual. However, yet another
opportunity was lost when there was an impasse on the NCL recommendations in 1972. The Janta
Government in 1978 made, of course, a half-hearted attempt to reform industrial relations.
Unfortunately, the attempt met with strong opposition from all unions. The BMS, for example,
termed it as “a piece of anti-labour, authoritarian and dangerous legislation””.
Several committees were appointed to suggest measures for reforming die IRS. In the process,
tripartism was revived in 1980s. Government passed the Trade unions and the Industrial Disputes
(Amendment) Bill, 1988. But, it also proved yet another legislative disaster. The bill was severely
criticised by the left parties. It was even viewed by some as a deliberate attempt to destroy
“autonomous; organised or militant trade union movement”.
In consequence, the tripartite deliberations held at the ILC in 1990 decided three measures to
reform IR in India:
(i) To constitute a bipartite committee of employers and unions to formulate proposals for a
comprehensive legislation;
(ii) To withdraw the Trade Union and the Industrial Disputes (Amendment) Bill, 1988
(iii) To consider the possibility of formulating a bill on workers’ participation in management, 1990.
In the 33rd session of ILC, another bipartite committee was constituted to recommend changes in
the TU and ID Acts. The government introduced a Bill on Workers, Participation in Management in
Parliament in 1990
Thus, the striking feature of the history of IR in India has been that it is dynamic in nature.
Particularly since 1991 i.e., the inauguration of liberalization process, die IR in India is marked by
new challenges like emergence of a new breed of employees (popularly termed as ‘knowledge
workers’), failure of trade union leadership, economic impact, and employers’ insufficient
response”.
ILO in India