WAGES AND OTHER MONETARY BENEFITS.

1. Concept of wage – Theories of wages – Kinds of wages.

2. Constitutional perspectives on wages – Denial of minimum of wage
and protection against exploitation under Article 23 of the
Constitution – Related constitutional ideals – Right to work, right to
living wage and pay parity.
3. Role of ILO: Convention and Recommendation relating to wages.
4. Minimum wage law in India – Minimum wage protection and
responsibility of State – State as legal sovereign and as employer –
Fixation Land revision of minimum wage and enforcement of the
same – Procedure for fixation and revision of minimum wage.
5. Payment of wages – Delay and deduction – Statutory regulation.
6. Concept of bonus – Theories of bonus – Computation of bonus –
Disqualification – Set off and set on.
7. Wage differentials – Problems and perspectives.
8. National wage policy – Myth or reality.

UNIT – I. WAGE

Important Headings and FAQs.

1. Different concept of wage.

2. Theories of wages.
3. Theories of wages and their viability and relevance in the present
era of Privatisation.
4. Marginal Productivity of Theory of Wages. S.N.
5. Wages Fund Theory. S.N.
6. Kinds of wages.
7. Minimum wage.
8. Fair wage
9. Living wage
10. Norms laid down by the Fair Wage Committee & judicial
pronouncements.
11. Basic principles that should be kept in view while determining
wages for industrial workers in a country like India.
12. Related case laws.

UNIT – II. CONSTITUTIONAL PERSPECTIVE ON WAGES

Important Headings and FAQs.

1. Denial of minimum of wage and protection against exploitation

under Article 23 of the Constitution
2. Denial of minimum wages as forced labour.S.N.
3. Right to work.S.N.
4. Right to equal pay for equal work. S.N.
5. Right against exploitation. S.N.
6. Article 23. S.N.
 7. Concept of Right to living wage and pay parity in India.
8. Relevant wage topics in Fundamental Rights.
9. Relevant wage topics in DPSP.
10. Constitutional relevance of employer’s sovereign
relationship.S.N.
11. The social and economic upliftment of labour is important for
securing industrial peace which is essential to increase national
productivity.
12. The labour legislations in our country based on either
provisions of constitution dealing with fundamental rights or the
DPSP keeping in view the relevant entries the concurrent list.
13. Relevant case laws.

UNIT – III. ROLE OF ILO

Important Headings and FAQs.

1. Convention and Recommendation of ILO relating to wages and its

impact in Indian legal system.
2. ILO is responsible for drawing up and overseeing international
labour standards.
3. ILO’s contribution in the field of Social Security and Labour Welfare.
4. Do international labour standards provide that wages should be a
subject of negotiations? What does ILO consider to be good practice
concerning wages and collective bargaining? Discuss with ILO’s
conventions and recommendations.
5. Role of ILO in adoption of process of fixation of minimum wages in
India.
6. International Labour Organization. S.N.

UNIT – IV. THE MINIMUM WAGES ACT, 1948.

Important Headings and FAQs.

1. Minimum wage law in India.

2. Passing of Minimum Wages Act in India and landmark cases.
3. Minimum wage protection and responsibility of State.
4. State as legal sovereign and as employer.S.N.
5. The concept of social welfare state in modern world has made it
imperative on the part of the state to intervene between employers
and employees, by way of enactment of legislation, by
administration supervision and by way of final contribution towards
the benefits.
6. Procedure and provisions for Fixation and revision of minimum wage
and enforcement of the same.
7. Explain the principles of wage fixation in an industry, in the light of
impact of globalization and mixed economy.
8. Difficulties in fixing a National Minimum Wage.S.N.
 9. The concept of minimum wage is flexible dynamic one. What is
today a fair wage is become the minimum age tomorrow because
the changed conditions of society.
10. The employees are entitled to the minimum wage at all times
and under all circumstances. An employer who cannot pay the
minimum wage has no right to engage labour and no justification to
run industry.
11. The term Minimum Wage has not been defined in the
Minimum Wages Act 1948.
12. Significance of this Act.
13. Bar of suits and contracting out in this act.S.N.
14. Exemption of employer from liability with reference to this
act.S.N.
15. Adjudication procedures.
16. Explain the provisions relating to adjudication of claim of a
workman aggrieved by payment of wages less than the minimum
wage.
17. Authorities under this Act and their power to hear and decide
all claims.
18. Related case laws.

UNIT – V. THE PAYMENT OF WAGES ACT, 1936.

Important Headings and FAQs.

1. Object of the Payment of Wages Act, 1936 to regulate payment of

wages in certain classed of persons engaged in Industry with
landmark cases.
2. Delay and deduction in Payment of Wages Act.
3. Deduction and Restrictions in deduction in Payment of Wages Act.
4. Statutory regulation.
5. Claims arising out of deduction from wages or delay in payment of
wage.
6. Provision of appeal under this Act.
7. The wages are to be paid in a particular form and at regular
intervals and without any unauthorised deductions.
8. The wages of an employee shall be paid to him without deductions
of any kind except those authorized by or under the Payment of
Wages Act, 1936 with landmark cases.
9. Unauthorized deductions under Payment of wages act,1936. S.N.
10. Does night work require payment of higher wages.S.N.
11. Wage period under this act, 1936.S.N.
12. Power of Inspector under this act.S.N.
13. Relevant case laws.

UNIT – VI. THE PAYMENT OF BONUS ACT, 1965.

Important Headings and FAQs.

 1. Concept of Bonus.
2. Bonus is a dynamic concept.
3. Nature of the payment of Bonus with reference to bonus linked with
production or productivity.
4. Theories of Bonus.
5. Computation of Bonus.
6. Eligible to claim Bonus.
7. Disqualification.
8. Application and non application of Bonus Act.S.N.
9. Set off and Set on. Allocable Surplus.
10. Sums deductible from gross profits.
11. Payment of minimum and maximum bonus.
12. Time Limit for Payment of Bonus. S.N.
13. Relevant case laws.

UNIT – VII. WAGE DIFFERENTIALS.

Important Headings and FAQs.

1. Rationality and the need of disparity in wages in different sectors in

India.
2. Problems and perspectives under the concept of wage differentials
3. Problem of wage differential. Do you think the equal pay for equal
work is desirable?
4. Various types of wage differentials.S.N.
5. Functions and roles of wage boards in settling wage differentials.S.N.

UNIT – VIII. WAGE POLICY.

Important Headings and FAQs.

1. Wage policy should be an integral part of planning for economic

developments.
2. Importance and Essentials of National wage policy.
3. Recommendations of National Commission of Labour.
4. Concept of National Wage Policy is a Myth or reality in India. Analyse
with decided case laws and reports of National Commission of
Labour.
5. National wage Policy in the mixed economy.S.N.

SOME SHORT QUESTIONS:

1. Contracting out
2. Central Advisory Board
3. Minimum time rate
4. Cost of living index number
5. App.Govt under payment of wages act
6. Contribution to PM’s fund and Income Tax
7. Desirability of Profit sharing
8. Concept of collective bargaining
9. Payment of dearness allowance
 ADMINISTRATIVE LAW - II

1. Concept of judicial review in common law countries and French

system – Judicial review in India – Jurisdiction of Supreme Court and
High Court.
2. Grounds of review – Doctrine of ultra vires – Unreviewable
discretionary powers – Discretion and justifiability – Violation of
fundamental rights- Extraneous consideration – Delegation – Acting
under dictation – Malafides and bias – Lack of rationality and
proportionality.
3. Procedural fairness – legitimate expectation – Natural justice and
duty to act fairly – Bias and personal interest – Fair hearing.
4. Remedies – Writs – Injunction and Declaration.
5. Limits of judicial review – Locus standi and public interest litigation –
LatchesResjudicata and alternative remedies.

UNIT – I. JUDICIAL REVIEW

Important headings and FAQs.

1. Concept of judicial review in common law countries and French

system(also in short notes).
2. Judicial review in India (also in short notes).
3. Review petition by appellate court.S.N.
4. What do you understand by judicial review? Why is it significant?
Which decisions can be judicially reviewed and what are the grounds
on the basis of which it can be done?
5. Administrative law in India is wholly a judge made law which has all
the strengths and frailties of judicial law making. Substantiate this
statement with special reference to a trade – off between executive
arbitrariness and judicial arbitrariness inherent in judicial review.
6. Jurisdiction of Supreme Court and High Court.
7. Comparative analysis of writ jurisdiction under article 32 and 226.
8. Powers, jurisdictions and functions of Supreme Court of India
9. Administrative discretion powers of Supreme Court and High Court.
10. Constitution and jurisdiction of High Court `
11. The principle of separation of powers in common law countries
cannot function except in association with the theory of checks and
balances and an impartial and independent judiciary as a watchdog.
Discuss.

UNIT – II. JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS

Important headings and FAQs.

1. Grounds of review
2. Doctrine of ultra vires with decided cases.
3. On what counts the challenge to the unconstitutionality of
administrative rule making on the ground that it is ultra vires the
enabling Act can be sustained?
4. Unreviewable discretionary powers
5. Discretion and justifiability
6. Judicial review of administrative discretion is an attempt to reconcile
two conflicts values. Dicuss.
7. Various circumstances which constitute ‘Failure to Exercise
Discretion’ as a ground for judicial interference in discretionary
powers exercised by the administration.
8. Discretionary power is not necessarily a discriminatory power –
Differentiate between discretionary and discriminatory exercise of
power by the administrative authorities with the help of judicial
decisions.
9. Violation of fundamental rights
10. What do you understand by fundamental right? Discuss the
rationale for their incorporation in the law of land and the procedure
in case of violation of fundamental rights.
11. Discuss the ways in which the courts in India have controlled
the discretionary powers of administrative authorities on the
touchstone of Fundamental Rights.
12. Judicial review of administrative action is intended to prevent
arbitrariness, irrationality, unreasonableness, bias and mala fides.
Its purpose to check whether choice or decision is made lawfully and
not to check whether choice or decision is sound – Explain this with
case laws.
13. Extraneous consideration.S.N.
14. What is delegated legislation and Judicial control over
delegated legislation with landmark cases
15. The Legislature can delegate but not excessively – explain
with case laws.
16. Functions which may not be delegated. S.N.
17. Acting under dictation
18. In the system of governance which we have today, junior
officers in the administration cannot even think of, what to say of,
acting against the wishes/ dictates of their superiors. One who
violates this unwritten code of conduct does so at his own peril and
is described as a foolhardy. Examine the statement and delineate
the measures suggested by the courts to rectify the situation.
19. Malafides and bias S.N.
20. “… that which is not fair and just is unreasonable. And what is
unreasonable is arbitrary. An arbitrary action in ultra vires. It does
not become bonafide and in good faith merely because no personal
gain or benefit to the person exercising discretion should be
 established. An action is malafide if it is contrary to the purpose for
which it was authorised to be exercised. With landmark cases.
21. Lack of rationality and proportionality.(also in short notes).
22. The doctrine of proportionality is fully established as a
constitutional law concern but its application in administrative law
still being debated. Discuss the desirability of applying this doctrine
in administrative laws.

UNIT – III. PROCEDURAL FAIRNESS

Important headings and FAQs.

1. Procedural fairness.
2. Can an enquiry be instituted against the authority exercising
adjudicatory powers? Discuss the concept of fairness in the exercise
of quasi judicial functions.
3. Doctrine of legitimate expectation (also in short notes with limitation
topic).
4. Natural justice and its principles
5. Changing trends of natural justice.
6. Justice should not only be done, but should manifestly and
undoubtly be seen to be done.
7. Circumstances in which principles of natural justice need not be
followed.
8. Areas in which the application of rules of natural justice excluded.
Can exclusionary rules be challenged the ground of
unreasonableness in court of law?
9. The word exception in natural justice is misnomer because in certain
situations, the principles of natural justice are inapplicable not by
way of any exception but because nothing unfair can be inferred by
not applying these principles. Elucidate with case laws.
10. Bias and personal interest.(also in short notes)
11. Different aspects of bias and exceptions to that.
12. Nemo judex in causa sua and the judicial perspective on the
various kinds of bias.
13. Fair hearing.
14. Explain two latest judgments by supreme court in audi
alteram partem to uphold the fair hearing.
15. The post decisional opportunity of hearing does not sub serve
the rules of natural justice.

UNIT – IV. REMEDIES

Important headings and FAQs.

1. Writs – types of writs.

 2. Conditions for grant of writ of Mandamus. Discuss it with relevant
case laws.
3. Writs of prohibition and certiorari are complementary writs, but
certiorari is remedial whereas prohibition is preventive. Discuss the
scope of these writs.
4. Against whom writ would lie? S.N.
5. What constitutional remedies are provided against unreasonable
restriction of Freedom of Press.
6. Injunctive and declarative remedies with case laws.
7. Explain any two decisions of supreme court relating to alterative
remedy.
8. An union of Injunction and Declaration can completely replace
technical writs. In the light of this statement, discuss the relative
merits of both the system of review of administrative action.
9. The distinction between a declaratory order and other judicial order
lies in the fact that while the latter is enforceable, the former is not.
In private la this is a serious defect in public law it is insignificant –
Elaborate your opinion with appropriate case laws.
10. Injunction is an effective instrument in controlling the exercise
of administrative discretion – Mention the changes that were made
by the 42nd and 44th amendments and its impact on the high court
jurisdiction under article 226 of the constitution over the matters of
interim orders.

UNIT – V. LIMITS OF JUDICIAL REVIEW

Important headings and FAQs.

1. Discuss the limitations over the concept of judicial review with

decided cases.
2. Explain the locus standi and PIL in india.
3. The doctrine of legitimate expectation supplements the doctrine of
locus standi by providing sufficient standing to anyone who cannot
point to the existence of a substantive right to obtain the leave of
the courts for judicial review.
4. Public interest litigation.
5. Concept and scope of PIL in Indian scenario with the help of
landmark cases.
6. Brief account of PIL with the help of latest decisions
7. Growth of PIL concept in India and complexities of PIL in current
situation with landmark cases.
8. There is shadow of opinion in India which does not favour judicial
adventurism in an area which is a legislative and executive domain.
Discuss the legitimacy of PIL in the light of this statement.
9. Latches
 10. Doctrine of latches is an equity doctrine and can be applied in
a flexible manner to suit the requirement of each case for justice.
Can latches extinguish fundamental rights?
11. ‘Latches or delay’ is a matter of discretion with the court
which must be exercised judiciously and reasonably on the basis of
the fact situation of every case.
12. Resjudicata and alternative remedies.

SOME SHORT QUESTIONS:

1. Droit Administratiff
2. Speaking orders
3. Resjudicata
4. Unreviewable decisions
5. Sovereign functions
6. Rule of law
7. Violation of public policy
8. Sub – delegation.