LABOUR LAW I FIRST DRAFT

Theme: Premier Automobiles Limited v. Kamalakar Shantaram Wadke

Synopsis: Premier Automobiles Limited v. Kamalakar Shantaram Wadke is a leading
authority on jurisdiction of civil courts in industrial disputes. The three-judge bench of
the Supreme Court held that (i) If the dispute is not an industrial dispute, nor does it relate
to enforcement of any other right under the Act, the remedy lies only in the civil court;
(ii) If the dispute is an industrial dispute arising out of a right or liability under the
general or common law and not under the IDA, 1947, the jurisdiction of the civil court is
alternative, leaving it to the election or the suitor concerned to choose his remedy for the
relief which is competent to be granted in a particular remedy; (iii) If the industrial
dispute relates to the enforcement of a right or an obligation created under the industrial
disputes Act, then the only remedy available to the suitor is to get an adjudication under
the ID Act; (iv) If the right which is sought to be enforced is a right created under the ID
Act such as Chapter VA, then the remedy for its enforcement is either Section 33C or
raising of an industrial dispute as the case may be. Cases of Industrial disputes, by and
large, are invariably bound to be covered by principle as stated above.
Objectives of Study: The broad objectives of the research are outlined below:

To understand the legal principle laid down in the said case;

To critically examine the scope and applicability of the present case with strict
reference to the ID Act, 1947;

To scrutinize any loopholes or other inherent defects in the present case at hand;

To bring into limelight useful suggestions in order to enhance the dimensions and
perspectives of the present case.

Research Questions: The present research deals with the following research questions:

What are the reasons for the civil courts having no jurisdiction in industrial
disputes?

Why has the present case been criticized on the ground that the guidelines for
determining whether the civil court has jurisdiction of determining industrial
dispute was exhaustive or not?

What novel suggestions or amendments can be brought so that the precedent of

this case can become more enlightening in all aspects?

Research Methodology: The research methodology adopted is descriptive, fundamental,

comparative, analytical and qualitative research which deploys inductive logical
reasoning exclusively for the purpose of this research. At places, the researcher has also
done a conceptual analysis in order to enlighten the scope and applicability of the legal
principles to the present case at hand.
Tentative Chapterization: A list of broad tentative chapters is given below:

Chapter 1: Introduction

Chapter 2: Facts of Premier Automobile Case

Chapter 3: Judicial Interpretations of the Premier Automobile Case

Chapter 4: Legal Precepts involved in Automobile Case

Chapter 5: A Critical Examination into the Scope and Applicability of Automobile

case under ID Act, 1947

Chapter 6: Exploring Dimensions of Automobile Case in modern Scenario

Chapter 7: Conclusion and Suggestions

References/Bibliography:

Books Referred:
1. P.L.Maliks Handbook of Labour & Industrial Law, (15th edition, 2014), Eastern Book
Company, Lucknow.
2. S C Srivastava, Industrial Relations & Labour Laws, (6th revised edition, 2014), Vikas
Publishing House Private Limited, Noida.
3. Prof.K.M.Pillai, Labour & Industrial Laws, (15th edition, 2013), Allahabad Law
Agency, Haryana.
4. H.L.Kumar, Labour Laws (Everybody Should Know), (10th edition, 2015), Universal
Law Publishing Co. Private Limited, New Delhi.
5. Dr. H.K.Saharay, Textbook on Labour & Industrial Law, (6th edition, 2014), Universal
Law Publishing Co. Private Limited, New Delhi