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Labor Law-1

Course Contents/Syllabus:
Module I: Regulation of Trade Union & Unfair Labour
Practices:

Weight
age %

History of Trade Union Movement in India and need to form Trade 25%
Union. , Workers Right to form Union vis--vis Indian Constitution;
the Membership of Trade Union, Closed shop and Union shop,
Registration of Trade Union, Remedies in case of non-registration
and cancellation of registration of union, Privileges and Protection
of registered Trade Union form certain acts and omissions, Unfair
labour practices and victimization.
Module II: Collective Bargaining:

20%

Concept and importance of collective bargaining, Pre-requisites for


collective bargaining, Process of administering collective agreement
(Negotiation, Mediation, & Voluntary arbitration & Compulsory
Arbitration.) , Duration and enforcement of bipartite Agreement
(Secs. 18, 19, Industrial Disputes Act, 1947), Pressurization: Strike,
Go-Slow, wok to rule, Gherao and Lockout.
Module III: Regulation of Industrial Disputes

20%

Define the concept of Industry, Industrial Dispute and workman,


Power of Government to refer Industrial Disputes for adjudication:
The Adjudicatory Machinery, Award and its binding nature, Judicial
review of Awards , The concept of lay-off, retrenchment and
procedure and compensation relating to lay-off and retrenchment.
Module IV: Standing Orders

15%

Concept, Nature and scope of standing orders under Industrial


Employment (Standing Order) Act, 1946, Formulation of Standing
Orders and its Certification process, Modification: Modification and
temporary application of Model Standing Order, Interpretation and
Legal status of Standing Orders.
20%
Module V: Discipline in Industries

Doctrine of hire and fire in the context of social welfare, Fairness in


disciplinary process: Meaning of misconduct, Right to know: The
Charge Sheet, Right to defend; Domestic enquiry notice, evidence,
cross examination, unbiased enquiry officer and reasoned decision,
Punishment of misconduct, Prenatal (permission) and Postnatal
(Approach) control during pendency of proceeding (Sec. 33 of
industries and Disputes Act).

Pedagogy for Course Delivery:


The course will be delivered through a combination of theoretical and case study approach. All
the leading cases as well as current cases shall be discussed to clear queries & doubts and to
make concepts more clear.

Lab/ Practical details, if applicable: NA


List of Experiments: NA
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Assessment/ Examination Scheme:
Theory L/T (%)

Lab/Practical/Studio (%)

30%

NA

Theory Assessment (L&T):


Continuous Assessment/Internal Assessment

Components (Drop
down)

Mid-Term
Exam

Project

Viva

End T
Examin

Attendance

Weightage (%)
10%

10%

Text & References :

Text and References:

The Constitution of India 1950.

O.P. Malhotra,: The Law of Industrial Disputes.

Indian Law Institute: Labour Law and Labour Relations.

PK Padhi: Labour & Industrial

5%

5%

70%