Labour and Industrial Laws I
Kannur University · LL.B. Semester 3 · CP 12
Unit I
Significance of Labour Legislations: Historical perspectives on Labour: From laissez faire to welfarism and to globalisation: transition from exploitation to protection and from contract to status: changing perspectives on labour · Industrial Jurisprudence: Labour Policy in India · Industrial Revolution in India · Labour problems and role of trade union · Industrial Peace and Industrial Harmony through collective bargaining · Industrial Relations · Principles of Labour Legislation · Social Justice · Social Security: Constitutional basis for social security · Growth of Labour Legislation in India
Unit II
Trade Unionism: Evolution and Growth of Trade Unions in India · Historical reasons for the formation of unions of workers, legal impediments · Constitutional freedom to form associations and unions · International Labour Organisation · its influence in bringing changes in national legislations · Trade Union: Definition, Registration and Recognition · trade dispute · Legal control and protection of trade union: registration, amalgamation, rights, immunities, liabilities and dissolution · Problems: multiplicity of unions, over politicization, intra-union and inter-union rivalry, outside leadership · recognition of unions · Immunities: Civil and Criminal
Unit III
Industrial Disputes: Aims and Objects of the Industrial Disputes Act · definition of Industry: Conceptual Analysis · Industrial Dispute vs. Individual Dispute · Concept and definition of Workman · Distinction between contract of service and contract for service: Due control and supervision test, Predominant nature of duty test · Strike and Lock Out: Concepts, Legality and justification · Lay off, Retrenchment and Closure: Analysis of the Concepts and Prerequisites
Unit IV
Regulation of Industrial Relations: Theoretical foundations: social justice, labour welfare, public interest, productivity, industrial peace and development and price control · Unfair labour practices · Methods of regulation of industrial relations: Workers' participation in industrial management: Advantages and Disadvantages · Works Committee · Reference of certain industrial disputes to grievance settlement Authorities · Board, Courts, Tribunals · comparison with courts · award and its binding nature · judicial review of awards · Unfair labour practices
Unit V
Standing Orders: Concept and nature of standing orders · Scope and coverage of the Industrial Employment (Standing Orders) Act, 1946 · Certification process: Procedure for certification, Appeals against certification, Condition for certification · Date of operation of standing orders · Binding nature and effect of certified standing orders · Posting of standing orders · Modification and temporary application of model Standing orders · interpretation and enforcement of Standing Orders · Penalties and procedure