B.A., LL.B & B.B.A., LL.

B, SEMESTER - VII
Course Outline

Subject Name Labour and Industrial Laws – I : Industrial Relations

Subject Credit 4

Subject Code CLAW 221

Labour and Industrial Laws - I deal with the different aspects of labour welfare
and industrial issues. Labour problems constituted a serious threat to the society
and required solutions towards its eradication and tries to mitigate them in the very
beginning. The employer paid their sole attention to the maintenance and
improvement of machines and neglect the human hands employed because they
were readily available and could be easily replaced. Number of legislations have
been enacted to promote the conditions of the labour keeping in view of the
development of the industry and national economy.
Summary/ Overview
The course would discuss the basic concepts of labour and industrial laws
prevailing in the country. The students will be acquainted about the
importance of ensuring the importance of trade unions in the industrial
society and the decisive role it plays in collective bargaining for
maintaining industrial peace and the well-being of the workmen. The
course would also discuss the importance of the Industrial Disputes Act,
1947.
The main objective of the course is to provide the students about the
comprehensive ideas of constitutional provisions, legislations on different
major issues especially the Industrial relations framework in our country,
and its applicability in the present day.

The course would also make the students understand how to critically
Objectives
examine the Trade Unions Act 1926, the objectives underlying the
Industrial Employment (Standing Orders) Act 1946. Another main objective
of the course is to make the students analyse the various concepts like
Strikes, Lock-out, Lay-off, Retrenchment and Closure, and its applicability
in the various industrial relations and disputes.
 Prof. (Dr.) Rajan Varghese
Office:Learning Centre,
Email : [email protected]
Phone : 080 4129 9319

Instructors
Prof. Gyanashree Dutta
Office:Learning Centre,
Third Floor, Faculty Area.
Phone : 0804129 9257
Email:[email protected]

By appointment (Wednesday) Prof. (Dr.) Rajan Varghese

Office Hours By appointment (Wednesday) Prof. Gyanashree Dutta.

Core Learning Outcomes

Sl. Learning Outcomes Assessment Criteria: To achieve the learning
No. On completion of this unit you outcome you must demonstrate the ability to:
should be able to:
Study the salient features, important definitions,
and purpose of formation of trade unions and its
advantages. Evaluate the importance of trade
Examine the nuances of the Trade unions in the industrial society and the decisive role
1
Union Act, 1926. it plays in collective bargaining for maintaining
industrial peace and the well-being of the workmen.
Also, to examine the concepts of registration and
recognition of trade unions.
2 Analyse a number of important Analyse the importance of the Industrial Disputes
concepts that are integral to delve into Act, Industry, Industrial Dispute, Award,
a detailed understanding of the Settlement, Workman. Strikes, Lock-out, Lay-off,
Industrial Disputes Act, 1947. retrenchment and Closure. Also to understand the
Industrial Relations Code, 2020.
3 Examine the machinery and procedure Analyse the various authorities, jurisdiction,
for the settlement of Industrial reference for adjudication, arbitration and
Disputes. conciliation and also the voluntary arbitration under
the Industrial Disputes Act.
4 Determine the necessary expertise to Examine the provisions relating to prohibition of
understand the technology for the Strikes and Lock-outs in the Public Utility Services
prohibition of strikes and lock-outs in as well as general prohibition of these tools of
PUS and other industrial collective bargaining in other industrial
establishments. establishments.
5 Analyse the know-how of disciplinary Analyse Misconduct and Domestic Enquiry under
action against workmen under the the Industrial Disputes Act.
Industrial Disputes Act.

The course is offered for Four credits (4) which comprises 48 teaching
session as per the norms of the Bar Council of India. Each session
consists of One Hour and Fifteen Minutes. The Class will meet regularly
as per the prescribed schedule fixed by the ASOL Dean’s office. The
method of teaching will consist of formal lectures, case study analysis,
audio visual presentations, case analysis, individual / team presentations
and group discussions. Core reading materials will be provided by the
teacher. Students are expected to complete readings assigned on the
Approach to Learning
specific topic and on time. You are expected to take notes on readings,
and contribute to the class discussions. Students are expected to read the
essential reading before to attend the class. Credits are allocated to your
class presentation and discussion. To facilitate the discussion, the
concerned instructor or lecturer initiate the discussion and students will
have to participate and contribute to the discussion. Before end of the
each session the instructor will give summary of topic and answer the
questions raised by the students during their discussions.

Assessment of this course divided between written examination and

research project.
• Written Examination: Written examination component further
divided into two parts which consist of Mid Semester
Examination (MSE) which will be held during the semester and
Semester End Examination (SEE). MSE of 45 marks for 2 hours,
the weightage of 15 percent of the total grade will be taken into
consideration. The students will receive the notification of the
Assessment Strategy examination from the ASOL Dean’s office. The Semester End
Examination (SEE) which consists of 100 marks and the duration
of 3 hours to answer the questions, out of which 50 percent
weightage will be taken into consideration. The instructor will
provide tips and technics to write thematic and problem-based
answers during the class.

• Class Test: Class test consists of 5 Marks of the total marks,

Modalities of the class test can be discussed and agreed with the
class.
 (Date as per Academic Calendar, Dean’s Office)

• Classroom Attendance (CA): Classroom attendance and

participation comprises of 5 Marks based on your attendance and
your participation in the class’s marks will be awarded.

• Written Project: During the second week of the teaching the

teacher will assign a title of the research project in consultation
with specific student. Each student in the class is required to
submit the full research paper of not less than 4000 words
(which carries 15 percent of the total grade). Specific date
lines have been provided in the academic, requested to find the
specific dates for your submission. Each student is expected to
submit their research project work on or before the mentioned
deadline in the academic calendar. Penalties will be imposed to
the late submission. If any student is interested to work on their
own topic chosen by them, they are encouraged to do so,
however, they have to get prior approval from the class teacher.
Once the class teacher approves the project then the work can be
carried out on regular basis. The project should be structured
around the given topic incorporating therein the importance of
the topic, brief introduction, identifying the research problem,
reviewing the existing legal system, need to write object of the
research study and the scope along with methodology. Further
you are required to provide with the analytical review of the
existing literature on the given topic and the specific questions to
be addressed. The class teacher will provide you with a template;
students will have to follow the template strictly. Non-
compliance of the template will attract the penalties. The project
should be typed in Times New Roman 12 font size with 2 point
line spacing. The paragraphs should also be justified with normal
margin. Students are required to follow the Harvard Bluebook
20th Edition format for the standard citation.
Project work must be free from plagiarism, you are required
to provide with proper citations in the footnote, and at the
end of your project of work you are required to give full list
of select bibliography. If the work found to be a plagiarized
work, then it will treated as a serious academic misconduct.
Serious actions will be taken against the student.

(Dates as per Academic Calendar, Dean’s Office)

• Presentation and Viva: The Presentation and/or Viva-voce

 comprises of 10 percent of the total grade where the students are
required to give oral/presentation in the class before the panel of
teachers on the project which you have submitted and questions
will be posed by the panel of teachers based upon the
presentation.

(Dates as per Academic Calendar, Dean’s Office)

Assessment Description of Weight

No Duration and Marks of Examination
Method Assessment Method %
2 hour and 45 marks in which 15
1 DSA Written examination 15
percent weightage.
2 AT Class attendance 5 Throughout the course
Case 1. All assignments/projects or any
study/Assignments, submission should be students' original
Project, Presentation work as plagiarism is a serious academic
CS / PR / OR misconduct.
3 on various topics, 30
/CP
Viva- voce/ Quiz,
2. Mode of citation will be in Harvard
Participation in class
Bluebook 20th Edition format.
activities
Semester End 3 hours and 100 marks from which 50
4 Written 50
Examination percent weightage will be taken.
Examination
(SEE)

OUTLINE OF THE TEACHING SCHEDULE

Unit
Topics No. of Sessions
Number
1. Trade Unions Act, 1926 14 teaching sessions
1.1.History, development and the importance of Labour
law, its Sociological understanding
1.2.Industrial Revolution and the protection of labour
under the Constitution of India
1.3.Trade Union Movement
1.4.International Labour Organisation and Labour
I
Standards – its impact in bringing changes in national
legislations
1.5.Important definitions under the T U Act
1.6.Registration, Recognition, Amalgamation and
Dissolution of Trade Unions
1.7.Funds of the Union
1.8.Privileges and Immunities for T Us in trade disputes
 2. Industrial Disputes Act, 1947 13 teaching sessions
2.1.Important Concepts : Industry, Industrial dispute,
Award, Settlement, Workman, Strikes, Lock-out, Lay-off,
Retrenchment, Closure
2.2.Application of the Act
2.3. ‘Industrial Dispute’ v. ‘Individual Dispute’
2.4.Role of Government in the settlement of Industrial
II
Disputes
2.4.1.Rights Disputes and Interest Disputes
2.4.2.Machinery for the settlement of disputes under the
ID Act
2.4.3.The Industrial Relations Code, 2020

3. Procedure for the Settlement of Industrial disputes 9 teaching sessions

3.1.Jurisdictions – Rights Disputes and Interest Disputes
3.2.Reference of Industrial dispute
III 3.3.Conciliation, Adjudication, and Voluntary Arbitration
under the Industrial Disputes Act

4. Law relating to Prohibition of Strikes and Lock- 8 teaching sessions

outs
IV 4.1. Restrictions and regulation of strikes and lock-outs
4.2. ‘Not illegal’ and ‘illegal’ strikes and lock-outs
4.3. Legal implications of illegal strikes and lock-outs
5. Misconduct and Domestic Enquiry with special 4 teaching sessions
reference to the Industrial Employment (Standing
V Orders) Act, 1946
5.1.Domestic inquiry and disciplinary action
5.2.Fresh Evidence rule
Total Sessions 48
Consultation / Presentation / Discussion 3
Recommended Resources

1.Mishra S.N,Labour& Industrial Laws(Allahabad: Central Law Publications, 2013)

2.GB Pai, Labour Law in India,(New Delhi: Butterworth’s India, 2001)

3.K M Pillai, Labour and Industrial Law, (Allahabad: Allahabad Law Agency, 2005)

4.Prof. S N Dhyani, Trade Unions and the Right to Strike, (Jaipur: University Book House, 1989)

5.P.L. Malik, K.D. Srivastava’s, Law Relating to Trade Unions and Unfair Labour Practices in India
4th ed., 2002).

6.M. Rao, O.P. Malhotra’s, The law of Industrial Disputes (6th ed., 2004)

Suggesting Readings:

1.Giri V.V, Labour problems in Indian Industry(Asia Publishing House 1974)

2.ILI, Labour Law and Labour Relations Published by Indian Law Institute

3.Malhotra O. P, Industrial Disputes Act Vol. I and II(LexisNexis 2004)

4.Srivastava K. D, Commentaries on Industrial Disputes Act, 1947

5.Indian Law Institute, Cases and Materials on Labour Law and Labour Relations

6.P.L. Malik, Industrial Law, Eastern Book Company, 2013.

7.Dr. Goswami, Labour and Industrial Law, Central Law Agency, 2011

8.Chaturvedi, Labour and Industrial Law, 2004

9.ZMS Siddiqi and M. AfzalWani, Labour Adjudication in India, ILI, 2001.

Recommended Articles:
1.John R. Commons, Industrial government, 135 Int’l Lab. Rev. 281 (1996)
2.Rebecca L. Zahn, Europeanisation of Labour Law: Can Comparative Labour law Solve the
Problem, 61 N. Ir. Legal Q. 79 (2010)
3.Antonio Ojeda Aviles, The Externalization of Labour Law, 148 Int'l Lab. Rev. 47 (2009)
4.Rajani Kanta Das, Labour Legislation in India, 22 Int’l Lab. Rev. 599 (1930)
5.Atul C. Chatterjee, Federalism and Labour Legislation in India, 49 Int’l Lab. Rev. 415 (1944)
6.Labour Conditions in the Cotton Textile Industry in India, 86 Int’l Lab. Rev. 467 (1962)
7.The Report of the Royal Commission on Labour in India, 25 Int’l Lab. Rev. 236 (1932)
8.N. K. Adyanthaya, Women's Employment in India, 70 Int’l Lab. Rev. 44 (1954)
9.Charles Gamba, Labour Law Drafting in Developing Countries, 9 Melb. U. L. Rev. 220 (1973)
10.Gerard Heuze-Brigant, Work and Identity in India, 135 Int'l Lab. Rev. 623 (1996)
11.“The Unionization of Black Labor, 1947-1953”, Temple University Press (1983) – By Jane L.
Parpart.
12.“The Political Economy of Reform : Labour After Soeharto”, ANU Press (2010)– By Chris
Manning.
13.“Reshaping the Social Contract Emerging Relations Between the State and Informal Labor in
India”, De Gruyter. (2016) – By Rina Agarwala.
14.“Still in Labour” , ANU Press (2017) – By Jack Vowles, Hilde Coffe & Jennifer Curtin.
15.“Industrial Relations and Labor Conditions” – By Victoria B. Turner
16.“Some Reflections in Industrial Jurisprudence – The Analogy of Strike – Is it a Fundamental
Right Pursuant to Article 19(1)(c) of the Constitution” – By Ajaya Kumar Samantaray.
17.“Labour Law in India : Structure and Working” – By Debi S. Saini
18.“Legal Aspects of Strikes, Lockout & Other Work Stoppages” – By Sri Bakshish Singh, Labour
Law Journal, LexisNexis.
19.“Analytical Perspective of the Trade – Union Act 1926” – By Karl Marx and Engles.
20.“Regulated Informality Legal Constructions of Labour Relations in Colonial India 1814-1926” –
By Prabhu P. Mohapatra.
21.“Labour in the British Shipbuilding and Ship Repairing Industries in the Twentieth Century”
– By Hugh Murphy.
22.“Indian Labour Movements under Modi”- By Tom Barnes.
23.“Violating the Federal Principle: The High Court Work Choices Case, 2006” – By Mark Hearn.
24.Ivan Franceschini,“Meet The State Security: Labour Activists and Their Controllers” Ivan
Franceschini.
25.Dr. Bhupinder Singh, “Legal Framework for Labour Welfare in India: An Overview” in Punjabi
University Law Journal [Vol. IX, 2015; ISSN 0976-5557] (Pages 108-114)
26.Indian Labour in Ceylon in 1935, 35 Int’l Lab. Rev. 87 (1937)
27.Judicial Decisions in the Field of Labour Law, 97 Int’l Lab. Rev. 251 (1968)
28.David C. Dunlap, The Conflict of Laws and Workmen's Compensation, 23 Calif. L. Rev. 381
(1935)
29.Jane Mair, Maternity Leave: Improved and Simplified, 63 Mod. L. Rev. 877 (2000)
30.Nicole Huberfeld, Conditional Spending and Compulsory Maternity, 2010 U. Ill. L. Rev. 751
(2010)
31.Urmila Chatterjee; Ravi Kanbur, Non-Compliance with India's Factories Act: Magnitude and
Patterns, 154 Int’l Lab. Rev. 393 (2015)
32.Labour in Indian Factories and Mines in 1930, 26 Int’l Lab. Rev. 80 (1932)

Relevant Websites:
https://labour.gov.in/
https://www.ilo.org/global/lang--en/index.htm

Relevant Case Laws:

1.Bandhua Mukti Morcha v Union of India &Ors, AIR 1984 SC 802

2.State of U.P. v. Jai Bir Singh (2005) 5 SCC 1

3.Bangalore Water Supply v. R Rajappa& Others AIR 1978 SC 548

4.Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate, AIR 1958 SC 353

5.Municipal Corporation of Delhi v. Female Workers (Muster Roll) AIR 2000 SC 1274: (2000) 3
SCC 224

6.J.H. Jadhav v. Forbes Gokak Ltd. (2005) 3 SCC 202

7.Rangaswami v. Registrar of Trade Unions AIR 1962 Mad. 231

8.The Food Corporation of India Staff Union v. Food Corporation of India & Ors. AIR 1995 SC
1344.

9.Rohtas Industries Staff Union v. State of Bihar AIR 1963 Pat. 170
10.Rohtas Industries v. Its Union AIR 1976 S.C. 425

11.Dharangadhra Chemical Works Ltd. v. State of Saurashtra AIR 1957 SC 264

12.A. Sundarambal v. Government of Goa, Daman & Diu AIR 1988 SC 1700 H.R.

13.Adyanthaya v. Sandoz (India) Ltd. (1994) 5 SCC 737

14.Management of Chandramalai Estate v. Its Workmen AIR 1960 SC 902

15.Syndicate Bank v. K. UmeshNayak (1994) 5 SCC 572

16.Essorpe Mills Ltd. v. P.O. Labour Court (2008) 7 SCC 594

17.T. K. Rangarajan v. Government of Tamil Nadu and Others (2003) 6 SCC 581

18.Punjab Land Development and Reclamation Corporation Ltd. v. Presiding Officer, Labour Court
(1990) 3 SCC 682

19.The Workmen of Fire Stone Tyre & Rubber Co. Pvt. Ltd. v. Fire Stone Tyre & Rubber Co. Pvt.
Ltd. (1976) 3 SCC 819: AIR 1976 SC 1775

20.U.P. State Brassware Corporation Ltd. v. UdayNarain Pandey (2006) 1 SCC 479

21.DeepaliGunduSurwase v. Kranti Junior Adhyapak&Ors (2013) 10 SCC 324

22.Management of the Barara Cooperative Marketing cum Processing Society Ltd. v. Workman
Pratap Singh AIR 2019SC 228

23.Minerva Mills Ltd. &Ors. v. Union of India, AIR 1980 SC 1789

24.R.S. Ruikar v. Emperor, AIR 1935 Nag. 149

25.North Eastern Railway v. Registrar of Trade Unions, Kanpur [1975] IILLJ 396 All

26.Parry & Co Ltd. v. P C Pal AIR 1970 SC 1334

27.Phaltan Sugar Works v. Employees [1961] IILLJ 136

28.N.A. Chainani v. Union of India (1971)2 SCJ 636

29.State of Bombay & Others v. The Hospital Mazdoor Sabha, AIR1960 SC 610