Labour and Industrial Law – I
Dr. Harisingh Gour Vishwavidyalaya · LL.B. Semester 4 · LAW-CC-411
Unit I — Unit I (untitled in print)
Law Relating to Industrial Relations:- · Trade Unions Act, 1926 Main features and the following:- · History of Trade Unionism in India · Development of Trade Union Law in India · Right to Trade Union as part of fundamental right to freedom of association under the Indian Constitution. · Definition of Trade Union and Trade Dispute · Distinction between Trade Dispute and Individual Dispute. · Registration of Trade Unions · Legal status of registered trade union · Mode of registration · Powers and duties of Registrar · Cancellation and dissolution of trade union · Procedure for change of name · Amalgamation and dissolution of trade union · Disqualifications of office-bearers, Right and duties of office-bearers and members · General and Political funds of trade union f. Civil and Criminal Immunities of Registered trade unions · Recognition of Trade Unions · Collective Bargaining and Trade Disputes
Unit II — Unit II (untitled in print)
The Industrial Disputes Act, 1947 – Main features and the following:- · Definitions of Employer, Industry, Lay off, Lock out, Retrenchment, Strike, Unfair Labour Practice and workman. · Industrial Dispute and Individual Dispute · Settlement of industrial dispute · Works Committee · Conciliation Machinery · Court of Enquiry · Voluntary Arbitration · Adjudication – Labour Court, Tribunal and National Tribunal · Strike and Lockouts · Lay off and Retrenchment · Unfair Labour Practices · Penalties
Unit III — Unit III (untitled in print)
Law of Wages and Principles of Wage Fixation:- · The Minimum Wages Act, 1948 – Main features and the following:- · Concept of wages – Minimum wages, fair wages, living wages. · Constitutional validity of the Minimum wages Act,1948 · Definitions – Employer, Wages, Employee, Wage Structure · Procedure for fixation and revision of minimum wages and working hours · Fixation of minimum rates of wage by time rate or by piece rate · Procedure for hearing and deciding claims etc. · Payment of Wages Act, 1936 · Object, scope and application of the Act · Definition of wage · Responsibility for payment of wages · Fixation of wage period · Time of payment of wage · Deductions which may be made from wages · Maximum amount of deduction
Unit IV — Unit IV (untitled in print)
The Payment of Bonus Act, 1965 · Historical development of concept of bonus. · Meaning of Bonus. · Constitutional Validity of the Act. · Computation of bonus · Eligibility and Disqualification for bonus · Recovery of bonus due from an employer · Penalties and all Sections of the Act.
Unit V — Unit V (untitled in print)
Legislations affecting conditions of work · The Factories Act, 1948 - Main features and the following :- · Definitions – Factory, Manufacturing Process, Hazardous Process, Worker and Occupation · Provisions relating to Health. · Provisions relating to Safety. · Provisions relating to Hazardous Process. · Provisions relating to welfare · Working hours of adults · Employment of young person and children · Provisions relating to employment of women in factory · Penalties. An overview of the four codes under the new Labour Laws – The Code on Wages, 2019, The Industrial Relations Code 2020, The Code on Social Security, 2020 and the Occupational Safety, Health and Working Conditions Code, 2020. (Related / Relevant to the Syllabus)