LABOUR AND INDUSTRIAL LAW

Paper – I : LABOUR AND INDUSTRIAL LAW – II

Reflections, Judgments, and Legal Insights

Unit - I:

1. Remuneration for Labour
2. Law relating to wages and bonus: Theories of wages: marginal productivity, subsistence, wage fund, supply and demand, residual claimant, standard of living, Concepts of wages (minimum wage, fair wage, living wage, need-based minimum wage);
Constitutional provisions;
components of wages: Minimum Wages Act, 1948: Objectives and constitutional validity of the Act;
procedure for fixation and revision of minimum rates of wages – exemptions and exceptions;
Payment of Wages Act, 1936: Regulation of payment of wages;
Authorized Deductions, Payment of Bonus Act;
Bonus - Its historical background, present position and exemptions ;
Payment of Bonus (Amendment) Act, 2007

1. Social security against employment injury and other contingencies: Concept and development of social security measures;
Employers liability to pay compensation for employment injury;
Legal protection: Workmen’s Compensation Act, 1923 - Concept of ‘accident arising out of’ and ‘in the course of the employment’;
Doctrine of notional extension and doctrine of added peril;
Total and partial disablement;
Quantum and method of distribution of compensation.
Employees State Insurance Act, 1948: Benefits provided under the Act;
Employees’ State Insurance Fund and Contributions;
Machinery for the implementation of the Act;
ESI Court and appeal to High Court.
2. Law relating to retirement benefits: Employees Provident Fund and Miscellaneous Provisions Act, 1952;
Family Pension Scheme 1971 and Employees Pension Scheme 1995;
The changing rules regarding Employees Provident Fund and Pension Schemes;
Payment of Gratuity Act, 1972 – Concept of Gratuity;
Eligibility for payment of gratuity;
Determination of gratuity; Forfeiture of gratuity.

1. Labour Welfare: Philosophy of Labour Welfare;
Historical Development of Labour welfare legislation;
Health, Safety and welfare measures under Factories Act, 1948;
Welfare of women and child labour: Protective provisions under Equal Remuneration Act & Maternity Benefit Act.
2. Contract Labour: Problems of contract labour;
Process of contractualisationof labour ;
Legal protection: Contract Labour (Regulation and Abolition) Act, 1970;
Controversy regarding Abolition of contract labour and their absoption;
Land mark cases: Air India Statutory Corpn. V. United Labour Union, (1997) & SAIL case (2002);
proposed amendment and its impact on the contract labour.

1. Unorganised Sector: Problem of Definition and Identification;
Unionization problems Historical backdrop of proposed bills on social security for unorganized sector (2004, 2005 & 2007);
Unorganized Sector Workers’ Social Security Act, 2008.
2. Protection of Weaker Sections of Labour: Problems of bonded labour, bidi workers, domestic workers, construction workers inter-state migrant workmen;
Legal protection: Bonded Labour System (Abolition) Act, 1976;
Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

1. R.F. Rustomji: The Law of Industrial Disputes in India.

2. J.N. Malik: Trade Union Law.

3. Bagri: Law of Industrial Disputes, Kamal Law House, Delhi.

4. Srivastava: Law of Trade Unions., Eastern Book Company.

5. Dr. V.G.Goswami, Labour and Industrial Law, Central Law Agency, Allahabad.

6. S.N.Mishra, Labour and Industrial Law, Central Law Agency, Allahabad.

7. Khan and Khan Labour Law, Asia Law House, Hyderabad.