INDUSTRIAL JURISPRUDENCE

1. Law & Indian Legal System

2. Anatomy of a Statute
3. Reading a Judgment
4. Case Briefing
5. Jurisprudence and Industrial Jurisprudence
5.1. Origin
5.2. Source
5.3. Nature
5.4. Scope
5.5. Contemporary developments
6. Rules of Interpretation of Statutes
7. Precedents
8. Constitutional Framework & Industrial relations
9. Administrative Actions
9.1. Rules of Natural Justice & Judicial review
10.Writs & Writ Remedies
11.Key Jurisprudential Concepts
11.1.

Legal Rights

11.2.

Jural Relations

11.3.

Obligations

11.4.

Title

11.5.

Person

11.6.

Incorporation

11.7.

Vicarious liability vis--vis select

11.8.

Labor Legislations

1. Law & ILS

a. International vs Municipal
b. Civil vs Criminal
i. Civil Civil Wrongs Compensation
ii. Criminal Offence Punishment
c. Unwritten Social Contracts (Source of civil law)
d. Law is tool for social engineering/change
e. Sources of law
i. Contract
1. Contract agreement enforceable in law
2. In a contract we create mutual rights & obligations
3. Criminal cases state becomes one of the prosecution
ii. Common Law
1. Uncodified
2. Evolved from precedents
3. Mixture of judgment &legislation
iii. Civil Law
1. Codified
2. Driven by legislation
3. Legislation
iv. Customary Law
1. Customs & rituals
v. Legislation
f. Positive Right permit action
i. Article 21 Right to life
g. Negative Right Right to permit or oblige inability
i. Habeas Corpus

h. Basic level at which court functions

i. Trial
1. Civil
2. Criminal
i. Trial
i. Adversial System (A vs B)
ii. Base of judiciary
iii. Accuser & Accused (A vs B)
iv. Civil Matters Plaintiff vs Defended
v. Criminal Complaints(Prosecution) vs Accused
vi. In criminal matters state takes the responsibility
j.

PIL
i. Writs
ii. Act Against public interest
iii. Petitioner vs Respondent

k. Appeal
i. Appellant & Respondent
l. Process of Trial
i. Complaint vs FIR
ii. For FIR Right must be violeted
m. Burden of Proof
i. Civil Plaintiff
ii. Criminal Complainant ( Beyond reasonable doubt)
iii. Reverse burden of proof Dowry

n. Mechanism of Proof
i. Witness
1. Factual Witness Perceive by senses, Perceived(the one
who feels) & inferences(seen)
2. Expert Witness Person doing tests (Witness of
opinions)
3. Hostile Witness A witness who turns his side( who can
change his side)
4. Documents
ii. Procedure
1. Examination in Chief Examination of ones own
witness, he/she can ask only open ended question
2. Cross Examination Someone elses witness
3. Re-Examination
iii. Type of questions
1. Open Ended 2. Leading Suggestive of answer
iv. Appeal
1. You can appeal to higher court
2. 2 people involved Appellant & Respondent
o. Law Report
i. Compilation of various judgments made by courts
ii. Judgments given by SC on article 141 are binding on all courts
iii. Where to go for jurisdiction
1. Territorial Area (HC, SC)
2. Subject Matter (Labor Courts)
3. Pecuniary (Money Matters)

2. Anatomy of Statute
a. Act
i. Consist of - Sections
ii. Smallest part
iii. At least 1 section must be there
b. Short Title
i. Top of act
ii. Name & Year of act enacted Minimum Wages Act 1948
c. Official citation of Act
i. Role Number ( 124 of 1988)
d. Date of Ascent
i. 19 March 1948
e. Long Title
i. It starts with An act to.
ii. It will tell you problem & solution statement
f. Preamble of Act
i. It starts with Whereas.
ii. Problem is
iii. Background
iv. The Solution
v. In new law there is no preamble
g. Enacting Formula
i. It start with Be it enacted
ii. It include source of law
h. Law itself
i. Written in bold Head note - :Marginal notes

i. Sections
i. Numeric & without bracket
ii. Subsection
1. Part of section within bracket
iii. Capital
1. Amendment
j. Section 1 Short Title, Extent, Commencement
k. Section 2 Definitions

3. Reading a Judgment
a. Judgment consists of following 5 things
i. History (Factual History) - Whatever happened at ground
ii. Procedural History When matters goes into juridical
procedure
iii. Issue before court
1. It is legal question which court has to answer
iv. Holding
v. Rational or Reason
b. Rules of Interpretation
i. Literal As it is
ii. Golden Purposive Look at the objective & purpose
iii. Mischief It comes in play when defect of common law is tries
to cured by enacted law
c. Rights
i. Every right has source & every source has title
1. Right - > Source - > Title
ii. Will Theory - Right is expression of your will
iii. Interest Theory - Right is an interest that is recognized &
protected by law
d. Characteristics of right - 5 Characteristics
i. Owner
ii. Content
iii. Doing / Not doing (Promote / Prohibit)
iv. Person of incidence
v. Source of title
e. Right in realm vs Right in personal

i. Applicable to whole world (Fundamental Rights)

ii. Specific Persons (Wages of Workmen)
f. Property
i. Property is something that can be owned
1. Ownership
2. Tangible Policing or protection (e.g Car, Mobile in
Pocket, Bank Locker)
3. Intangible It is creation of mind (e.g Intellectual
Property)
4. Possession Factually someone have your property
(Legal & Illegal)
g. Intellectual Property
i. Patents Deals with Inventions
1. 2 types - Product(End Results), Process(Journey)
2. An inventions is patent when it has following properties Novelty(New), Inventiveness(Wow, technology value
added), Utility(Usability)
ii. Trademark - Deals with Marks
iii. Copyright - Deals with Works / Creation
iv. Industrial Design - Deals with product / process
v. Geographical Indications (GI) Deals with identities
Kolhapuri Chappal

4. Case Briefing
5. Jurisprudence and Industrial Jurisprudence
a. Origin - Schools of Jurisprudence
i. Historical Perspective Development & Growth of Law
ii. Analytical Perspective From Analytical Perspective (Main
Words Rights, System for Redressal, Procedure & Forums)
iii. Sociological Perspective Looks at dynamics between society
and law, about society
iv. Socialist perspective looks from economical perspective (
Karl Marx Theory)
v. Philosophical Perspective Looks at law from larger canvass
vi. Comparative Compare Between different countries
vii. Realistic Law is what court/ judge says (American School of
thought)
viii. Synthetic Combination of all ( Taking goods from other)
b. Source
i. Natural Law Theory Justice, Fair Play, Equity
c. Nature
i. Positive Law Judgement laws, command, rules, norms, social
facts
ii. Negative Law
d. Scope
e. Contemporary developments

6. Industrial Jurisprudence
a. Knowledge of Law applicable for industrial set up
b. In industry is concerned with IR
c. Source of Law for IJ Constitution, Judgment Laws, Customs
d. Labour belongs to concurrent List
e. Center & State Relationship
i. Center authority prevails
f. 3 Stakeholders Employee, Employer & Society (3 related)
g. Role of constitution in IJ
h. Article 14 = before law (In the favour of Employee, Promotes &
Protects rights of employees) (E.g. Employee Remuneration Act)
i. Article 19 Right to run business (Employer), Right to form unions
(Employee), Section 25(D) Right to close business
j. Article 23 Human Trafficking, Bonded Labor (Root Master
Servant)
k. Article 39 Right to livelihood (Min wages Act)
l. Article 41- Right to Work
m. Article 42 Working Condition, Maternity Benefits
n. Article 43 Livings Wages, 43A Workers in Management, 43B
Co-Operatives
o. Writs
i. Habeas Corpus Present in body
ii. Mandamus We command to you to do duties
iii. Certiorari To be certified ( Quashing the orders )
iv. Prohibition Stay order of smaller courts
v. Co - Warrant What is your authority to do this?

 Jurisprudence
a. Juris = Legal; Prudenia = Knowlegde
b. Schools Historical(Origin, Sources & Development of Law &
Changes), Analytical,(Fundamental) Sociological(Social Forces &
Law), Philosophical(Ends for which law is designed),
Socialist(Economis & Capatilism), Comparative(Legal Systems),
Realist(Collective of decisions) , Political(Political Agencies &
Actors) , Synthetic(Combination + Systhemsesis) , Critical(Real
Value of System + Desirable Laws )
c. Juridiction Terretorial + Pecuniary + Subject Matter
d. Questions before court
i. Q of Law, Qof Fact - Judicial Interpretation + More Reliable
ii. Mixed Q of L&F What the law is Uncertanity due to
ambiguity
iii. Q of opinion Experts Testimony
iv. Q of Judicial Discretion
e. Legislation
i. Supreme Highest law making authority (Parliament)
ii. Subordinate Other than Parliamnent
iii. Executive Jail Manual
iv. Judicial Bombay High Court Rules
v. Colonial - British
vi. Municipal Local Bodies
vii. Autonomus Deemed Universities

 Interpretation of Statute
a. Process by which court seeks to ascertain the meaning of enacted law
b. Need of Interpretation Multiple meaning, Ambiguity or
uncertainty(fault), Purposive ambiguity, Unclear Statute
c. Basic Rules
i. Literal Rules
ii. Logical Rules
1. Golden Avoid absurdity, ambiguity(word, foresight,
inconsistency, conflict, oversight)
2. Mischief (Rule of Haydons Case) Common Law,
Mischief for which common law not provide
solution(LGBT), Supress Mischief & Advance Remedy
3. Rule of Ejudem Generis General words by particular
4. Rule of Noscitur a Sociis Doubtful word meaning
derive by consecutive word
5. Rule of Expresso Unius One member mentioned means
others excluded
d. Right recognized & Enforced by Court of Law
i. Will Theory- Free expression of ones will, Right emerge from
human will, Protection society will
ii. Interest Theory Protect intrest & Not wills, Right is intrest
recognized & protected by Law.
iii. Characteristics of Rights
1. Person of Inherence
2. Person of Incident
3. Obligations
4. Object of Right

5. Title
iv. Types of Rights
1. Positive vs Negative
2. In Re Propia vs In Re Aliena
3. Perfect vs Imperfect
4. Proprietary vs Personal
5. Inheritable vs vs Un Inheritable
6. Right in Rem vs Right in Person
7. Principal vs Accessory
8. General vs Specific
v. Title
1. Source from which right is derived
2. De facto antecedent
3. Title -> Agreement -> Inheritance -> Possesion ->
Easement -> Gift -> Birth -> Decree ->Right
4. 2 Kinds of Titles
- Original - Fresh
- Derivative Title Existing Right transferred to
New Owner
vi. Honfelds Classification
1. Right vs Dutie
2. Liberty vs No-Right
3. Power vs Liability
4. Immunity vs Diability
vii. Jural Relation
1. Jural Correlation

- Right -> Duty No right without a corresponding

duty
- Liberty ->No-Right
- Power -> Liability
- Immunity -> Diability
2. Jural Opposition
- Right -> No Right
- Liberty -> Duty
- Power -> Disability
- Immunity -> Liability
viii. Hohfelds Analysis
1. Right What other person ought to do for us Duty
2. Liberty Privilage
3. Power Ability to determine own will ( Has no duty)
4. Immuniy From Legal Power

 Constitution
a. 13 Law consistent with FR
b. 14 Right to Equality
c. 19 Freedom
i. Speech
ii. Assembly
iii. Association
iv. Move Freely
v. Settle in part of country
vi. Practice any profession
d. 21 Protection of Life & Personal Liberty
e. 23 Right Against Exploitation
i. Human Traffic or Bonded Labour
ii. No compulsory Service
f. 32 Constitutional Remedies ( HC, M, C, P, QW) No suspension
g. PART 4 37 Application of Principals contained in this part
(Fundamental in Governance)
h. 39 Adequate means of livelihood, distribution of ownership, Avoid
concentration of wealth, Equal pay for Equal wages, Agevala
provision, Protect youth against exploitation
i. 39A Equal Justice & Free Legal Aid (Natural Justice)
j. 40 Village Panchayats
k. 41 Right to work, Educate & Public Assistance
l. 42 Just & Human Conditions
m. 43 Living Wages for Labour
n. 43A Workers in Management
o. 43B Assosciation

p. 44 Uniform Civil Code

q. 45 Free & Compulsory Education
r. 46 Educational & Economic Intrest of SC/ST
s. 47 Public Heath
t. 48 Agri & Animal Husbandry
u. 48A Envi & Forests
v. 49 Monuments
w. 51A Fundamental Duties
i. Respect Ideals
ii. Noble Ideas
iii. Sovergnity & Unity
iv. Render national service
v. Harmony
vi. Heritage
vii. Environment
viii. Scientific temper
ix. Public property
x. Excellence in individual achievement
x. 136 Special Leave by SC
y. 141 SC binding all other chutuputu courts
z. 226 HC powers (HC, M,P,QW,C,)
aa. 227 HC as baap in state
bb.245 Parliament make laws for whole or part of country
cc. 246 SM of laws (7thn schedule)
dd.254 Inconsistency Center prevails
ee. 311 Dismissal, Removal or Reduction of Rank

 Industrial Jurisprudence
a. Trade Dispute, Range of issues that form Subject Matter of ID, Nature
of rights & duties of parties, extent of powers of Govt & Dispute
settlement, principles, nature of remedy, nature of interaction,
difference between civil, criminal & labour
b. Industrial Relation
i. Scope of IA is wider than Civil Abjudication
ii. Creation of New Right (Insdustrial Special)
iii. ID Act provide guidelines
iv. Social Justice is Backbone of IJ
v. Social Justice is not by one judge only
vi. Strike balance between labour & capital
c. Industrial Adjudication
i. Prevention & Promotion of IP
ii. Must consider others
iii. 136 can fuck tribunal
d. Modes of Termination by Employer
i. Discharge
ii. Dismissal
iii. Termination
iv. Retrenchment
v. Termination
vi. Closure & Superannuation
e. Modes of Termination by Employee
i. Resign
ii. VRS
iii. Voluntary Abandonment

f. Joint
i. Efflux of time
ii. Completion of Task
g. Circumstance
i. Absence
ii. Death
iii. Disability
h. Natural Justice
i. Hear other side
ii. Unheard
iii. Personal Interest
iv. Charge lies on appeal
Rights
a. Employer, Workmen, Trade Unions & member
b. Power of Government
i. 10(1) Tribunals
ii. 10(3) Prohibit lockout
iii. 25M(1) Permit Lay-Off
iv. 25N(1) Permit Retrenchment
c. Fix Minimum Wages
d. Immunities Trade Unions Act
e. Liabilities Section 33(2) Illegal Strike
f. Person
i. Any being whom the law regards as capable of having rights or
duties
ii. Natural Person All are person(Nowadays)
iii. Legal Person - Corporations

 Section 11A
a. Court or Tribunal Interest
i. Want of Good Faith
ii. Victimization or unfair labour practice
iii. Management Guilty
iv. Finding completely baseless or perverse
b. Section 11A; ID Act
i. ILO Recommendation
ii. Workers have rights to appeal
iii. 11A Effective from 12/1971
c. Wednesburry Principle
i. Lord Green Sain Limited Scope of JR
ii. Article 14 prevails Wedunsbury principle
iii. Court intervene only when illogical decisions concerned