Course Title: Labour Law and Industrial Relations- I

Credits: 4

Semester I LLB and Semester V BA LLB

Course Objectives:

This course is designed to acquaint the students with the framework of
Industrial relations in our country. Further, the importance of the maintenance of Industrial
peace and efforts to reduce the incidence of Strikes and Lockouts is to be emphasized. The
main theme underlying the course is to critically understand the provisions of the Trade
Unions, the types of machinery contemplated under the provisions relating to the Industrial
Disputes for the prevention and settlement of industrial disputes Further, the objectives
underlying the Industrial Employment (Standing Orders) and Disciplinary Enquiry for
Misconduct are to be studied to acquaint the students with misconduct and the procedure to be
followed before punishing the misconduct alleged and established. Further, the students are to
be acquainted with the social security framework prevailing in our country. It is necessary to
know the concept of social security, its importance and the constitutional basis for the same in
India. The importance of ensuring the health, safety and welfare of the workmen and social
assistance and social Insurance Schemes under various legislations are to be emphasized. The
main theme underlying the course is to critically examine the provisions relating to payment of
wages of the workmen and the machinery provided for protecting the interests of the workers.
The course aims to impart knowledge about the wages, payment of bonus, audits, etc for
workmen in industries and factories as per the Wages Code, 2020.

Course Outcomes:

After the completion of this course the student will be able to:

  • Understand the provisions of the Trade Union and industry.
  • Comprehend the standards and techniques of Industrial relations.
  • Understand the technicalities and concepts of industrial dispute and apply the relevant provisions of law.
  • Know the legal provisions and concepts of Lay-Off and Lock-Out, Retrenchment, Strike, Wages and Workman.
  • To develop extensive knowledge regarding provisions relating to trade unionism
  • To understand the provisions relating to minimum payment of wages, Bonus, etc of the workers.
  • Understand in detail Laws related to Factories and Apprentices
  • Know the offences and penalties under the Wages code 2020

Module 1: Industrial Relations Code

  1. Historical reasons for the formation of combinations of workers, legal impediments
  2. International Labour Organisation – its influence in bringing changes in national legislations.
  3. Trade Union – Definition, Registration and Recognition
  4. Immunities in trade disputes : Criminal and Civil

Module 2: Industrial Relations: The Industrial Disputes

  1. ‘Industry’ – Conceptual Analysis
  2. Standing orders
  3. Mechanism to dispute Resolution
  4. Concept of ‘Workman’

Module: 3: Causes of Industrial Dispute

  1. ‘Strike’ &‘Lock out’ :Concepts, legality and justification
  2. ‘Lay off’ ‘Retrenchment’ & ‘Closure’
  3. Analysis of the Concepts, Pre-requisites
  4. Unfair Labour Practices

Module 4: Wages Code 2020

  1. Minimum Wages and Payment of Wages
  2. Payment of Bonus
  3. Offences and Penalties
  4. Miscellaneous

Suggested Books:

  1. B. Pai, Labour Law in India (2001)
  2. L.Malik, K.D. Srivastava‘s Law Relating to Trade Unions and Unfair Labour Practices in India (4th ed., 2002, with Supplement 2003)
  3. C. Srivastava (Rev.)Labour Law and Labour Relations : Cases and Materials (Indian Law Institute, 2007)
  4. M. Rao, O.P. Malhotra‘s The law of Industrial Disputes(6th ed., 2004)
  5. D. Srivastava, Industrial Employment (Standing Orders) Act, 1946 (4th ed., 1998 with Supplement 2003)
  6. Bare Act: Industrial Relations Code 2020
  7. Bare Act: Wages Code 2020

It is only through labour and painful effort, by grim energy and resolute courage, that we move on to better things.
– Theodore Roosevelt

Labour is prior to, and independent of, capital. Capital is only the fruit of labour, and could never have existed if labour had not first existed. Labour is the superior of capital, and deserves much the higher consideration.

-Abraham Lincoln

I believe in the dignity of labour, whether with head or hand; that the world owes no man a living but that it owes every man an opportunity to make a living.

– John D Rockefeller

Should any political party attempt to abolish social security, unemployment insurance, and eliminate labour laws and farm programs, you would not hear of that party again in our political history.

– Dwight D Eisenhower

It was the labor movement that helped secure so much of what we take for granted today. The 40-hour work week, the minimum wage, family leave, health insurance, Social Security, Medicare, retirement plans. The cornerstones of the middle-class security all bear the union label.
– Barak Obama