PAPER 2.6. LABOUR AND INDUSTRIAL LAWS (TEXT BOOK)

PAPER 2.6. LABOUR AND INDUSTRIAL LAWS

UNIT - I Concept and Growth of Labour Welfare Jurisprudence; Natural Justice, Concept of Social Justice and Labour; Constitution of India, 1950 [Articles: 14,19,21,23-24, 38, and 41-43A]; Meaning, Scope, Importance and Theories of Labour Welfare: The Policing Theory, The Religious Theory, The Philanthropic Theory, The Paternalistic or Trusteeship Theory, The Placating Theory, The Public Relations Theory and The Functional Theory; Basic Concepts; Labour and Judicial Process and Public Interest Legislation; Judicial Responses

UNIT - II Industrial Relations – Genesis, Concept, Emerging Issues and Judicial Responses The Industrial Relations Code, 2020:Need, Importance, Objectives; Definition, Concept, Key Features for Enactment of the Code and Repeal of Laws and Judicial Responses. Bi-partite Forums; Trade Unions; Standing Orders; Notice of Change; Voluntary Reference of Disputes to Arbitration; Mechanism for Resolution of Industrial Disputes; Strikes and Lock-Outs; Lay-off, Retrenchment and Closure; Special Provisions Relating to Lay-off, Retrenchment and Closure in certain establishments; Worker Re-Skilling Fund; Offences and Penalties; Miscellaneous

UNIT - III The Code on Social Security, 2020: Need, Importance, Objectives; Definition, Concept, Key Features of the Code; Social Security Organisations; Employees‘ Provident Fund; Employees State Insurance Corporation; Gratuity; Maternity Benefit; Employee‘s Compensation; Social Security and Cess in respect of Building and other Construction Workers; Social Security for Unorganised Workers, Gig Workers and Platform Workers; Finance and Accounts; Authorities, Assessment, Compliance and Recovery; Offences and Penalties; Employment Information and Monitoring; Miscellaneous; Judicial Responses; The Employment of Children Act, 1938;TheProhibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013:Need, Importance, Objectives; Definition, Concept, Key Features of these Acts and Judicial Responses

UNIT - IV Concept of Wage Policy: National Wage Policy; Genesis of West Regulations; Concepts of Minimum Fair, Living and Need based Minimum Wages The Code on Wages, 2019:Need, Importance, Objectives; Definition, Concept, Key Features of the Code and Repeal of Laws; Minimum wages; Payment of Wages; Payment of Bonus; Advisory Board; Payment of Dues, Claims and Audit; Inspector-Cum-Facilitator; Offences and Penalties; Miscellaneous; Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Need, Importance, Objectives; Definition, Concept, Key Features of the Act and Judicial Responses

UNIT - V Occupational Safety, Health and Working Conditions Code, 2020: Need, Importance, Objectives; Definition, Concept, Key Features of the Code and Repeal of Laws; Registration; Duties of Employer and Employees, etc.; Occupational Safety and Health; Health, Safety and Working Conditions; Welfare Provisions; Hours of Work and Annual Leave with Wages; Maintenance of Registers, Records and Returns; Inspector-cumfacilitators and other authority; Special provision relating to Employment of Women; Special Provisions for Contract Labour and Inter-State Migrant Worker, etc.: Contract Labour; Inter-State Migrant Workers; Audio-Visual Workers; Mines; Beedi and Cigar Workers; Building or other construction workers; Factories; Plantation; Offences and Penalties; Social Security Fund; Miscellaneous; Judicial Responses

LEADING CASES: 1) Air India v. Nargesh Meerza, AIR 1981 SC 1830. 2) Alembic Chemical Works v. Its workman, AIR 1961, SC 647. 3) Balmer Lawrie Workers Union Bombay v. Balmer Lawrie & Co. Ltd. 1984 I. L.L. J. 314 SC 4) Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802. 5) D. S. Nakara v. Union of India A. I. R. 1983 SC 130. 6) Express Newspaper Ltd. & others v. Union of India & others. AIR 1958 SC 578. 7) Jay Engineering Work Ltd. v. State of West Bengal AIR 1968 Cal. 406. 8) Rural Litigation and Entitlement Kendra Dehradun v. State of U.P. AIR 1985 S.C. 652.