LL-II-Q12

LL-II-Q12
PGDM-HRM 2012-14 : Term – II

LABOUR LEGISLATION - II
DR. E. M. RAO
Course Outline

1. TRADE UNIONS ACT 1926
- Objects – Definitions: registrar - trade dispute – workmen – trade union - Mode of registration – Powers of the Registrar – Registration – Certificate of Registration – Characteristics of a registered trade union – Membership – Cancellation of Registration – Appeal.

- Rights and Privileges of a registered trade union – Duties and liabilities of a registered trade union – Objects for which the general funds can be spent – Constitution of separate fund for political purposes - Immunity (Civil and Criminal) - Disqualifications for office bearers – Proportion of office bearers connected with the industry - Amalgamation – Dissolution.

2. INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946
- Objects – Scope and Application – Definitions: Appropriate Government – Certifying Officer – Appellate Authority – Employer – Procedure for certification – Appeal – Enforcement of Certified SOs - Model Standing Orders – Appeal.

- Date of operation of the SOs – Modification of SOs – Posting of the SOs – Effect of Certification of SOs – Payment of subsistence Allowance – Temporary Application of Model Standing Orders – Interpretation

- Content of the Model Standing Orders: Classification – Entry & Exit – Suspension of work – Leave and Holidays – Termination of Employment – Omissions and Commissions – Acts of Misconduct – Disciplinary Procedure – Hierarchy of punishments – Essential services – Wrongful exaction of work – Service Certificate.

3. PAYMENT OF BONUS ACT 1965
- Origin & History of the concept of Bonus – Full-Bench Formula – Bonus Commission - PBA,1965 – salient features – definitions - computation of gross profits, available surplus, sums deductible from gross profits & direct tax payable by the employer

- Eligibility and disqualification for bonus – minimum and maximum bonus – ceiling – computation of working days – set on and set off of allocable surplus

- Special provisions with respect to certain estts. Recovery of bonus from employer – miscellaneous provisions & penalities - Schedules to the Act

4. INDUSTRIAL DISPUTES ACT 1947
- History of ID legislation prior to 1947 – Objects, scope and Application of the ID Act – Definitions: Appropriate Government – Award – Controlled Industry – Industry – Industrial Dispute – Closure – Layoff – Lockout – Retrenchment – Strike – Settlement – Wages – Workman

- Individual Dispute vs. Industrial Dispute – Works Committee – Conciliation – Arbitration – Adjudication – Labour Court – Industrial Tribunal – National Tribunal – Court of Enquiry – Notice of Change

- Reference of disputes - Powers of Labour Courts, etc. – Conciliation Proceedings – Settlement – Failure of conciliation – Award – Publication of Award – Enforcement of Award – Bipartite vs. Tripartite Settlements – Award of Adjudicators vs. Award of Arbitrators – Notice of Termination of Award/Settlement – Confidentiality.

- Prohibition of Strikes & Lockouts – Public Utility vs. Non-public Utility Services - Illegal strikes and Lockouts – Lay-off, Retrenchment – Termination due to Transfer and Closure of undertakings – Continuous service – Principle of “last come, first go” – Reemployment of retrenched workmen - special provisions in respect of undertakings employing 100 or more workmen – Restrictions imposed on layoff, retrenchment and closure – Unfair Labour Practices – Punishments.

- Restrictions imposed under S. 33 – Protected workmen – representation of parties – transfer of proceedings – Power to interpret a term of a settlement or award - Schedules I to V to the ID Act.

Method of Instruction:
Lecture sessions - Classroom presentations – Interactive sessions.

PATTERN OF EVALUATION
Class Presentation - - - - - 10
Mid-term (TUA, IESOA & PBA) - - - 40
End-term (IDA) - - - - - 40
Overall performance - - - - - 10
(interest displayed; degree of participation vs. performance
in the mid-term & end-term; ability to grasp finer points;
Analytical & reasoning ability)
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Total - - - - - - - 100
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Grading Pattern
80+ = A+ / 70+ = A / 60+ = B+ / 50+ = B / 45+ = C+ / 40 + = C / 35+ = D+ / 30+ = D / < 30 = F

References
1. Taxman’s Labour Laws
2. Rao, EM (2004), “OP Malhotra’s The Law of Industrial Disputes”, 6th ed., LexisNexis, New Delhi.
3. AIR Supreme Court (library)
3. Labour Law Journals
Created By: Debasis Mohanty on 09/05/2012 at 11:52 AM
Category: PGDM(HRM)-I Doctype: Document

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