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IJ-H15
MBA (HRM) 2015-17 : Term-V
INDUSTRIAL JURISPRUDENCE (
Elective
)
(Eligibility: Minimum CQPI in LL-I & LL-II Courses should be 6.00)
COURSE OUTLINE
Credits
3
Name of Faculty
Dr. E.M. Rao
Programme
MBA (HRM) 2015-17
Academic Year and Term
2016-17, Term-IV
OBJECTIVE
: To induct the students to the principles governing industrial adjudication with special reference to the various legal concepts as applicable to industrial law,
with a strong practical orientation from the standpoint of corporate / managerial demands
, through case analysis and reasoning covering almost all the important pieces of labour legislation.
1. Jurisprudence
(meaning and scope of) – Industrial jurisprudence – principles of Industrial adjudication – Statutory construction - Legal concepts as applied to Industrial Law.
2. Constitution and labour legislation
.
3. Analysis of various pieces of labour legislation
with reference to the following concepts, doctrines and principles.
Legal Concepts:
Rights (moral vs. Legal) - wrongs (Public vs. Private) - Liability (direct vs. vicarious) -Obligations -Duties - Powers - Immunity – Disability - Social Justice (Distributive vs. Corrective)
Legal doctrines and maxims & Interpretation of Statutes:
Status vs. Contract - Freedom of Contract – Contract of service vs. Contract for service - Notional extension of employment - Apportionment of blame – Implied power - Error of fact vs. Error of law - Error of law apparent on the face of the record – what is? -
Ultra vires
-
Res judicata - Ejusdem generis - Noscitur a sociis -
Relation back –
casus omissus
-
Ratio decidendi - Obiter dicta - Stare decisis -
- Mischief Rule - Rule of Hard cases - Judicial precedent - Judicial Hierarchy - Judicial Activism - Judicial inconsistency & unpredictability.
4. Method of instruction
: Exclusively by case analysis and presentation – oral and written.
5. Components:
Oral/written presentation : 30
Overall performance : 30
(interest displayed; degree of participation vs. performance
In the end-term; ability to grasp finer points;
Analytical & reasoning ability)
Endterm : 40
----------------------------------------------------------------------------------------------------
TOTAL : 100
** “Subject Alertness” will be tested in several ways as detailed below
:
(i) Subject Alertness will be put to test in the course of lecture sessions, in which the faculty will be making certain “false” statements on the subjects/topics already covered. The class will be divided into five groups of six each. Any one from any group should, at once,
raise his/her hand and point out the falseness of the statement and also indicate what is the correct position
. In such an event the whole group gets marks proportionately out of the total of 20 marks allotted to them.
(ii) If no one responds, then the faculty himself will highlight the falseness and give the correct answer. In such an event, the entire group will lose marks proportionately out of the total of 20 marks allotted to them. The same procedure applies to a situation, where a student makes a statement and the faculty counter-questions the class as to whether the said statement made by him/her is correct.
(iii) Alternatively, the faculty may ask a student specifically to explain a particular concept or the essence of a provision or an element of the topic already covered or the distinction between two concepts. If the student answers correctly, the whole group of which s/he is a member will get the marks allotted. If he fails, the whole group will lose.
(iv)
However, no member of a group, who (which) has already responded earlier, will be permitted to point out the falsehood of the statement for a second time
, until the remaining groups are exhausted.
(v)
It is, therefore, imperative that every student is thorough with the topics/aspects already covered (whether in Term-IV or Term-II) and, more importantly, be alert and attentive in the classroom. Or, in other words, the students should avoid day-dreaming during lecture / presentation / question-answer sessions.
(vi)
Equally important is the requirement that each group should ensure that
there are no free-riders in the group
, who put in no effort worth the name, yet are ready to enjoy the fruits of others’ hard work.
(vii) If a student, who is a member of the Group is absent in the session in which the group is entitled to marks for “subject alertness”, the said student will not be eligible to secure the said marks. Further, please note that
absence from sessions will entail loss of marks and/or grade as stipulated in the student manual.
Grading Pattern
:
80+: A+ / 70+: A / 60+: B+ / 50+: B / 45+: C+ / 40+: C / 35+: D+ / 30+: D / Below 30: F
Library Reference
:
Handouts circulated by the Faculty
EM Rao (2008
)
,
Industrial Jurisprudence: A Critical Commentary
Supreme Court Decisiions
.
Created By:
Bijoy Kar
on
03/17/2016
at
12:03 PM
Category
:
MBA-HRM T-V
Doctype
:
Document
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