DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW

Session 2016-17

LABOUR LAW
SYNOPSIS

UNFAIR TRADE PRACTICES IN LABOUR LAW

Submitted to:

Submitted by:

Dr. Rajneesh Kumar Yadav

Darpan Agarwal (47)

Asst. Prof. (Law)

IX Semester

Dr. RMLNLU, Lucknow

B.A. LL.B. (Hons.)

INTRODUCTION
The reluctance to put any interpretation upon labour legislation is likely to prejudice the
rights or welfare of Labour. We are fully conscious of the fact that our legislature has put
labour legislation on the statue book primarily for the purpose of redressing the balance
between employers and employees and that we would not, unless we are compelled to do so
by the clear language used by the legislature put any construction upon any provision of
labour legislation which will in any way prejudicially affect their rights.
In India there are several Acts and legislations enacted by the Government of India for
regulation of industries in the country. These enactments play a very important role in the
country's overall progress and economic development. These legislations are amended from
time to time in accordance with the changing circumstances and environment. Another
important aspect of legislations is the industrial relations, which involves various aspects of
interactions between the employer and the employees; among the employees as well as
between the employers. In such relations whenever there is a clash of interest, it may result in
dissatisfaction for either of the parties involved and hence lead to industrial disputes or
conflicts. The Industrial Disputes Act, 1947 is the main legislation for investigation and
settlement of all industrial disputes. The Act enumerates the contingencies when a strike or
lock-out can be lawfully resorted to, when they can be declared illegal or unlawful,
conditions for laying off, retrenching, discharging or dismissing a workman, circumstances
under which an industrial unit can be closed down and several other matters related to
industrial employees and employers.
In the present scenario of increasing demand for labour flexibility by employers, some
practices are followed that would legally amount to unfair labour practices (ULPs). The
Industrial Disputes Act 1947 has provided against ULPs by employers, workmen and unions.
Another important state law protecting against ULPs is the Maharashtra Recognition of Trade
Unions and Prevention of Unfair Labour Practices Act 1971 (MRTU & PULP Act). It
provides important legal safeguards for workers against victimisation and persecution at the
hands of their employers.

OBJECTIVE OF STUDY
The objective of the study is to discuss the prevalent and possible Unfair Labour Practices
which affects the labour rights under the labour law legislations and the punishments
prescribed under the law for the same.
HYPOTHESIS
At prima facie the hypothesis that researcher is having in his mind is to observe the
consequences of Unfair Trade Practices and protections provided to various stakeholders
under the law

RESEARCH METHODOLOGY
Doctrinal Research Methodology has been employed for the purposed of this project.
Effective methods have been employed for the research purposes keeping in view the paucity
of literature available on the topic as the bill has yet to be passed. Most of the literature
available concerns evaluation and analyses of the new provisions brought up in the bill.
RESEARCH QUESTIONS

to identify the unfair labour practices on the part of the employers and the workmen
to identify the protection against anti-union discriminations and
protections for trade union officials
to identify the protection against acts of interference in light of the
decided case-laws

THE SOURCES OF DATA

This proposed research work being a Doctrinal and Non-Empirical research did not require
any field data or sample collection. The data collection was restricted to only the primary and
secondary sources.
TENTATIVE CHAPTERISATION

Introduction
Unfair Trade Practices under Industrial Disputes Act, 1947
Protection against anti-union discrimination
Protection against Acts of Interference
Collective Bargaining Rights
Conclusion
Bibliography

BIBLIOGRAPHY
International Labour Offices, Challenges, Prospects and Opportunities of Ratifying
ILO Conventions Nos. 87 and 98 in India (Bureau of Workers Activity, 2009)
Charnovitz, Steve, The ILO Convention on Freedom of Association and its Future in
the United States, American Journal of International Law, Vol. 102(1), 2008, p. 90
available online at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1136368
Committee on Legal Issues and International Labour Standards, Governing Body,
International Labour Office, Ratification and Promotion of Fundamental ILO
Conventions, GB 297/LILS/6, 297th session, Geneva, November 2006 available
online
at
Http://www.ilo.org/wcmsp5/groups/public/---ed_norm/--Relconf/documents/meetingdocument/wcms_gb_297_lils_6_en.pdf
Lim, Hoe, The Social Clause-Issues and Challenges, ILO, Bureau for Workers
Activities
available
online
at
http://actrav.itcilo.org/actravenglish/telearn/global/ilo/guide/hoelim.htm