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DAMODARAM SANJIVYYA NATIONAL LAW UNIVERSITY

Visakhapatnam
COURSE OUTLINE
Title of the Subject: Labour Law and Social Security Laws
Name of the Faculty:
Ms. Madhu Rana
Unit
No.
1.1

1.2
1.3
1.4
1.5

2.1

2.2
2.3
2.4
2.5
3.1

UNIT 1
Topic: INTRODUCTION
The Minimum Wages Act, 1948
Concept of Minimum Wage, Fair Wage,
Living Wage and Need Based Minimum
Wage

Total No. of Hours: 65

CASES FOR REFERENCE


1. Sanjeev Roy vs State of
Rajasthan AIR 1983 328
2. People's
Union
for
Democratic
Rights
Union Of India &
Others (1982 AIR 1473,
1983 SCR (1) 456)
3. Airfreight Ltd. Vs State
of Karnataka (1999)
6SCC (L&S) 1185 :
(1999) 4LLN 1

Constitutional Validity of the Minimum


Wages Act, 1948
Procedure for Fixation and Revision of
Minimum Wages
Fixation of Minimum Rates of Wage by
Time Rate or by Piece Rate
Procedure for Hearing and Deciding
Claims
UNIT 2
Topic: The Payment of Wages Act, 1936
Object, Scope and Application of the Act
1. Div. Engineer, G.I.P. Rly.
Vs Mahadeo (AIR 1955
SC 295)
2. Armugham vs Jawahar
Mills (AIR 1956 Mad 79)
Definition of Wages
Responsibility for Payment of Wages
Deductions which may be made from
Wages
Authorities under the Act
UNIT 3
Topic: The Employees Compensation Act, 1923
Definition of Dependant, Workman, Partial
1. Saurashtra Salt Mfg. Co.
Disablement and Total Disablement
vs Bai Balu Raja (AIR
1958 SC 881: (1958)
2LLJ 249
2. Bhurangya Coal Co.
Ltd. Vs Sahhebjan Mian
(AIR 1956 Pat 299)
3. Municipal Corporation
1

No. of
Hours
10

10

of Greater Bombay vs
Sulochanbai Sada Shiv
Joil (1979 Lab IC 1735
(Bom))
3.2

3.3
3.4

4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
5.1

5.2

5.3

Employers Liability for Compensation


i. Scope of Arising out of and in the
Course of Employment
ii. Doctrine of Notional Extension
iii. When Employer is not liable
Amount of Compensation and Distribution
of Compensation
Procedure
in
Proceedings
before
Commissioner and Appeals
UNIT 4
Topic: The Factories Act, 1948
Concept of " Hazardous Process"
Factory, Manufacturing Process,
Worker, and Occupier
Process of Registration of Factories
Provisions Relating To Hazardous
Processes
Measures to be taken in Factories for
Health, Safety and Welfare of Workers
Measures related to Hazardous Process
Working Hours of Adults
Employment of Young Person and
Children
Annual Leave with Wages
UNIT 5
Topic: Social Security Laws
Employees' State Insurance Act, 1948:
1.
Heydrabad
Asbwstos
(a) Contributions;
Cement
Products
vs
(b) Benefits;
Employees' Insurance Court (
(c) Adjudication of disputes and
(1978)
1SCC
194:1978
claims
SCC(L&S)47)
2. A.P. State Electricity
Voard vs E.S.I.C. (1977
Lab IC 316 (AP))
3. South India Viscose
Cooperative Store Ltd.
E.S.I.C.
((1986)2LLN
598
(Mad)
(DB):19862LLJ 149)
Maternity Benefit Act, 1961:
(a) Object and Scope of the Act;
(b) Prohibited on employment or work
of women during certain period;
(c) Right to Maternity Benefit and its
Calculation;
(d) Inspectors under the Act: Powers,
Functions and Duties;
(e) Critical analysis of the Act
Payment of Gratuity Act, 1972:
1. Alagannan vs Appellant
2

16

(a) Objective and scope of the Act;


(b) Concept of "Continuous Service";
(c) Payment of Gratuity

6.1

6.2

6.3

Authority under Payment


of Gartuity Act (1988) 4
LLN 312:(1988) 2 Cur LR
114:1988 LLR 576 (Mad)
2. Lalappa Lingappa vs
Lakshmi Vishnu Textile
Mills, Sholapur (1981)
2SCC (L&S)
316:
(1981)1 LLJ 308
3. Bakshish
Singh
vs
Darshan
Engineering
Works (1944)1SCC 9
4. BALBIR Kaur vs Steel
Authority of India Ltd.
(2000) 6 SCC 493:2000
SCC (L&S) 767.

UNIT 6
Topic: Protection of Weaker Section of Labour
Child
Labour
(Prohibition
and
1. Peoples
Union
for
Regulation) Act, 1986:
Democratic Rights vs
(a) Introduction, Recommendation of
Union of India (AIR 1982
National Advisory Council and
SC 1473)
Contribution of ILO;
2. M.C. Mehta vs State of
(b) Constitutional provisions against
T.N. (1991)1 SCC 283
the Child Labour;
3. M.C. Mehta vs State of
(c) Prohibition on employment of
T.N. (1996) 6 SCC 756
children in certain occupations and
process;
(d) Regulation of the condition of
work of children;
(e) Penalties
Equal Remuneration Act,1976:
1. Randhir Singh vs Union of
(a) Historical
Introduction
and India & Ors (1982 AIR 879)
Constitutional provisions;
2. Union of India & Ors vs
(b) Concept of "Same work or work of Dineshan K.K. (2008 1 SCC
similar nature";
586)
(c) Payment of remuneration at equal 3. Bhagwan Das & Others vs
rates to men and women worker State of Haryana & Ors (1987 4
and other matters
SCC 634)
4. C.B. Muthamma vs Union of
India & Ors (AIR 1979 SC
1968)
5. Air India Etc. Etc. vs Nergesh
Mirza (1981 AIR 1829, 1982
SCR (1) 438)
6. Sita Devi vs State of Haryana
(AIR 1996 SC 2164)
Bonded Labour System (Abolition) Act,
1. Bandhua Mukti Morcha
1976:
vs Union of India ( AIR
(a) Fundamental
Right
against
802, 1984 SCR (2) 67)
Exploitation;
2. Neeraja Chaudhary vs
3

(b) Concept of "Bonded Labour",


"Bonded Labourer" and Bonded
Labour System;
(c) Abolition of bonded Labour
3.
System;
(d) Enforcement Machinery and;
(e) Penalties
UNIT 7
Topic: Unorganized Sector
Historical Background and the Present
condition
Problem of Identification
Need for Social Security
Recommendations of the Second National
Commission on Labour (2002) on Social
Security
UNIT 8
Topic: ILO and Its impact
The ILO contribution and its impact on
national Labour Relations; ILO standard
conventions and recommendations

7.1
7.2
7.3
7.4

8.1

State
of
Madhya
Pradesh (AIR 1984 SC
1099)
People Union for Civil
Liberties vs State of
Tamil Nadu &Ors (2004
12 SCC 301)
8

Books for Reference


Sl.
No.

Author

Title of the Book

Publisher

1.

Sumeet Malik

Labour and Industrial Law

Eastern Book Company

2.

S. N. Misra

Labour and Industrial Laws

Central Law Publications

3.

Dr. V.G. Goswami

Labour and Industrial Laws

Central Law Publications