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LLA-Q11
PGDM-HRM 2011-13: Term-IV

LABOUR LAW APPLICATIONS


Credits 3.0
Faculty Name E. M. Rao
ProgramPGDM-HRM 2011-13
Academic Year and Term 2012, term 4

1. Nature and Scope of Law - Origin and Sources of Law: Legal sources vs. Historical Sources - Legal Concepts: Rights - wrongs - Liability -Obligations-Duties - Powers - Immunity – Disability – Justice (distributive v. corrective) – Classification of Law – Branches of Law

2. Distinction between S. 33(1) and 33(2)? Distinction between S. 33 & S. 10 - How does S. 33-A operate? Distinction between s. 33A & s. 10 in term of the scope of powers of the authority?

3 Distinction between S. 33C (1) & 33C (2) – Scope of enquiry under S. 33-C (2) as compared to S. 10 (1).

4. Discipline - Introduction - common law right of employers - the nature of restrictions imposed on the common law right to terminate - rights of workmen u/s. 2-A of the ID Act - Nature of powers conferred on the adjudicators u/s. 11-A - misconduct - misdemeanour - carelessness - standing orders – misconduct: classification

5. Disciplinary proceedings: implications of preliminary enquiry - Charge-sheet - nature, scope and criticality of CS - contents of CS - precautions, issues and concerns in framing charges - Show-cause notice vs. Charge-sheet - Domestic Enquiry - Principles of Natural Justice reasonable opportunity - representation of parties - examination-in chief - cross-examination - re-examination and re-cross - manner of adducing evidence - leading questions - role of EO - summing-up arguments - enquiry proceedings vs. enquiry findings - closing of enquiry proceedings - findings or report of the EO; need for, and importance of.

6. S. 2-A. & S. 11-A: “materials on record” - right to adduce evidence before tribunal

7. Nature and scope of Ss. 33 and 33-A: workman concerned in the dispute: who is? - misconduct connected with the dispute: what is? – prior permission vs. post-facto approval of the action – protected workman – violation of S. 33: Effect

7. Principles and practice of drafting – Exercises.

8. ATTENDANCE REQUIREMENTS: As per the student manual.

Evaluation pattern
Case Analysis & Presentation - - - - 10
Subject Alertness - - - - 10
Mid-term / Enquiry simulation/quiz) - - 20
Drafting - - - - - - 20
End-term - - - - - 40
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Total - - - - - - 100
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** “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.

(iii) 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.

(iv) 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.

(v) 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.

(vi) 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.

(vii) 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.

(viii) 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. .

(ix) It is hoped that the class will appreciate the spirit and objective behind this method of learning and get maximum marks in this particular component.

Grading Pattern:
80+: A+ / 70+: A / 60+: B+ / 50+: B / 45+: C+ / 40+: C / 35+: D+ / 30+: D / Below 30: F
Created By: Debasis Mohanty on 05/22/2012 at 11:21 AM
Category: PGDM (HRM)-II Doctype: Document

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