III: Paper-V : Labour Law-I

Subject introduction

Labour Law - I: This paper addresses the statutory framework governing industrial relations, labor welfare, and collective bargaining in India. It covers the historical evolution and registration of trade unions under the Trade Union Act, the prevention and settlement of industrial disputes (including strikes, lockouts, lay-offs, and retrenchment) under the Industrial Disputes Act, standing orders, and the legal parameters governing domestic disciplinary proceedings.

Syllabus

PAPER - V

LABOUR LAW - I

• Unit-I: Concept of Labour through the ages, Trade Unions: History of Trade Union Movement, The Trade Union Act 1926 - Definitions, Registration, Rights and Liabilities of Registered Trade Unions, Immunities, Amalgamation and dissolution of Unions, Reorganization of Trade Unions.

• Unit-II: Prevention and Settlement of Industrial Disputes in India, The role of State in Industrial Relations, The Industrial Disputes Act, 1947 - Definition of industry, Industrial Dispute, Individual Dispute, workman, Lay off, Retrenchment, Closure, Award, Strike, Lockout.

• Unit-III: Authorities under the ID Act - Works committee, Conciliation, Court of inquiry, Labour Courts, Tribunal - Powers and functions of authorities, Voluntary Arbitration, Provisions under Chapter V-A & V-B of the Act, Alteration of conditions of service, Management rights of action during pendency of proceedings, Recovery of money due from employer, Unfair labour practices, miscellaneous provisions of the Act.

• Unit-IV: Standing Orders - Concept and Nature of Standing Orders, Scope and coverage, Certification process, its operation and scope, binding effect, Modification and Temporary application of Model Standing Orders, Interpretation and enforcement of Standing Orders and provisions contained in the Industrial Employment (Standing Orders) Act 1946.

• Unit-V: Disciplinary Proceedings in Industries - Explanation, Chargesheet, Domestic enquiry, Enquiry officer, Enquiry report, Punishment, Principles of Natural Justice.

• Suggested Readings:

  1. Srivastava: Law of Trade Unions, Eastern Book Company, Lucknow.

  2. Goswami: Labour and Industrial Law, Central Law Agency.

  3. R.F.Rustomji: Law of Industrial Disputes: Asia Publishing House, Mumbai.

  4. S.N.Misra: Labour and Industrial Law, Central Law Agency, Allahabad.

  5. J.N.Malik: Trade Union Law.

  6. Khan & Khan: Labour Law, Asia Law House, Hyderabad.

  7. S.C.Srivastava: Industrial Relations and Labour Law, Vikas Publishing House.

  8. Nick Humphreys, Trade Union Law and Collective Employment Rights.

Unit-wise notes

Quick Reference

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