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LL-II-H16
MBA (HRM) 2016-18 : Term-II

Labour Law-II

COURSE OUTLINE

Credits3.0
Faculty NameProf. V. Nagaraj
ProgramMBA (HRM) Class 2016-18
Academic Year and Term2016-17, Term II

Objective and Methodology

Labour law teaching is focused on Industrial Relations law which deals with terms of employment and conditions of labour of workmen. In this course, the Trade Union Act, 1926, the Industrial Disputes Act, 1947, the Industrial Employment Standing Orders Act, 1946 and Contract Labour (Regulation and Abolition) Act, 1970, will be taught. Instead of teaching these Acts independently, they will be taught in an integrated way. The teaching of these legislations will be done by referring wherever necessary to the Constitutional provisions and the ILO Conventions and recommendations. A sincere attempt is being made to examine these legislations in the light of challenges posed by economic liberalisation to Industrial Relations and the recommendations made by the Second National Labour Commission. Obviously, we will be looking at the judicial response, legislative response and probable amendments required to the Industrial Relations laws to meet the challenges posed by economic liberalisation. In order to understand the above mentioned legislation in their proper perspective, a brief historical background of these legislations will also be examined. Though Industrial Relations law is generally understood to be applicable to organised sector, it will be examined as to what extent these legislations can be applied to unorganised sector as well.

Reading materials will be supplied in instalments well before the respective areas are taken up for discussion.

The methods of teaching that will be followed is discussion methods, lecture method, problem solving and case law.

The course outline

Module - I

Brief history of Trade Union movement in Britain in India and the enactment of the Indian Trade Union Act. Provisions contained in the Trade Union Act. The interplay of provisions in this Act and the other Acts. The Trade Union Act and the related Constitutional provisions in the light of ILO Conventions and Recommendations. Trade Union immunities and their relevance in the present day context. Recognition of Trade Unions - need and the efforts made in this direction - Methods for identifying the strength of Trade Unions. Minors as employees and their rights relating to Trade Union. Collective bargaining. The legislative framework for collective bargaining, weapons of collective bargaining - Status of collective bargaining settlements - collective bargaining in the context of liberalization.

Module - II

The relevant definition in the Industrial Disputes Act, 1947 like Industry, Workmen, industrial dispute, deemed Industrial dispute, the appropriate Government, etc. How these definitions and the Act cater to the protection of un-organised also.

Module III

Industrial dispute resolution machinery - preventive mechanisms. Dispute resolution mechanisms - Conciliation and Board of Conciliation - status of a conciliation settlement ; powers and functions of conciliation officers. Appropriate Government’s power of reference - a critical analysis. Adjudication of industrial disputes - voluntary arbitration and compulsory adjudication. Powers of the adjudication authorities - judicial review of awards - publication of awards - status of awards. Examining the dispute resolution machinery in the light of economic liberalisation and its challenges.

Module - IV

Discipline in the Industrial establishments. Certified Standing orders ; the procedures associated with it - misconduct - minor misconduct, major misconduct. Domestic enquiries, the process of imposing punishments, judicial review of managements prerogative of disciplining the workers.

Module - V

Regulation of managerial prerogatives ; Sections 9A, 11A, 33 & 33A of I.D. Act, 1947. Protection of service conditions of workmen during the pendency of Industrial disputes. Protected workman - how the status is conferred. The need for such status. How the service conditions of protected workmen are protected - New challenges of economic liberalisation and limitations on managerial prerogatives.

Module - VI

Job losses - concepts lay-off, retrenchment, closure, transfer of industrial establishments. How these job losses are regulated. Chapter VA and VB of the Industrial Disputes Act, 1947.

Module VII – Payment of Bonus Act, 1965

Brief history; Full Bench Formula for Bonus; Statutory Bonus – eligibility for bonus; Minimum & Maximum Bonus; Competition of Surplus Profits; Allocable surplus and available surplus; a set on and set off of allocable surplus, disqualifications for getting bonus


In addition to the reading materials, reading of the following books and reports are recommended:

1. Law of Industrial Disputes by O.P. Malhotra
2. Industrial Relations and Labour Laws by S.C. Srivastava
3. Indian Labour Movements by G. Ramanujam, 2nd revised edn, 1990.
4. Industrial Adjudication and Social Justice, ed. by Debi Saini, 1994.
5. Law of Industrial Disputes by G.B. Pai.
6. Collective Bargaining - Selected Readings, ed. by Allan Flanders, 1969.

Reports :

1. 2nd National Labour Commission Report, 2002
2. National Commission on Labour, 1969
3. 122nd Law Commission Report
4. Report of the Royal Commission on Labour in India, 1930
5. International Labour Conventions and Recommendations
Created By: Bijoy Kar on 09/14/2016 at 06:05 PM
Category: Course Outlines-HRM-I Doctype: Document

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