Session: September to December 2009

COURSE CURRICULUM (LABOUR LAW-2)

SEMESTER- V
Objective of the course:
Human resources have the ability to change, grow and to enlarge his value over a
period of time and the success or failure of an organization mainly depends upon
the quality of its man power and its performance. In the era of globalization,
liberalization and privatization, there is a need to create an atmosphere within the
organization so that the workforce is motivated for honest and sincere efforts. But
because the workers have different types of needs, the workforce requires not only
proper working environment but also some security against risk and unforeseen
contingencies of life.
The management should provide the welfare and social security measures to
increase the efficiency and effectiveness of individual and organizations. These
measures help in maintaining harmonious industrial relations, stable workforce with
minimum labour turnover and absenteeism in the organization.
In the present course, we intend to make an extensive study of some social security
as well as some economic and welfare legislations.

TOTAL NO. OF LECTURES - 65- 70

EVALUATION
Attendance
Snap Test

05
15

Mid Semester Examination

15

End Semester Examination

40

Research Projects

25

The present course is broadly divided into two parts. Part A deals
with social security measures by the legislature and Part B deals
with economic and welfare measures by legislators.

A SOCIAL SECURITY MEASURES

Social Security protects not just the subscriber but also his/her
entire family by giving benefit packages in financial security and health
care. Social Security schemes are designed to guarantee at least longterm sustenance to families when the earning member retires, dies or
suffers a disability. Thus the main strength of the Social Security system is
that it acts as a facilitator - it helps people to plan their own future
through insurance and assistance. The success of Social Security schemes
however requires the active support and involvement of employees and
employers

The principal social security laws enacted in India are the following:
UNIT-1 The Employees State Insurance Act, 1948 (ESI Act) (Approx 20 classes)
The Act covers factories and establishments with 10 or more employees and provides for
comprehensive medical care to the employees and their families as well as cash benefits
during sickness and maternity, and monthly payments in case of death or disablement .

1.1Short title extent commencement and applications

- Definitions
- Registration of factories and establishment
1.2 Corporation, standing committee and medical benefit council
1.3 Finance and audit
1.4Contribution
1.5 Benefits
1.6 Transitory provisions
1.7Adjudication of disputes and claim
1.8 Miscellaneous

References:

Books to be Referred
The Employees State Insurance Act, 1948, Bare Provisions
The Civil Court Manual, Vol 18
Labour and Industrial laws, Prof. V. G Goswami
Labour and Industrial law, Dr. S.N Mishra

Cases to be Referred

Anand Kumar V. ESIC AIR 1957 All 136

St. Joseph Automobile V. Maria Soosai Pillai, AIR 1953 Mad 206
Pourswami Gounder V. Rangaswami AIR 1953 Mad 786
Kamal Singh V. ESIC, (1962) 2 LLJ 298
Royal Talkies V. Hyderabad Corpn AIR 1978 SC 1478
ESIC Corporation V. Kailash Chandra and Others (1990) 1 LLJ 486
(MP)
Jiyajirao Cotton Mills Ltd. V. ESIC AIR 1962 MP 340
Regional Director, ESI Corpn. V. M/S fibre Bangalore (P) 1980
Karn86
ESIC V. C C Santhakumar (2007) 1 SCC 584
Bharat Barrel and Drums Manufacturing Co. Pvt. Ltd V. ESIC
Articles to be referred-

E.S.I Contribution- Delayed payment ( 2002) 2 LLJ

UNIT-2 The Workmens Compensation Act, 1923 ( Approx 12 classes)
The Act requires payment of
compensation to the workman or his family in cases of
employment related injuries resulting in death or disability

2.1 Short title, extent and commencement definitions

2.2 Workmens Compensation

- Employers liability for compensation

- Amount of compensation
- Compensation to be paid when due and penalty for default
- Review
- Communication of half monthly payment
- Distribution of compensation

References
The Workmens Compensation Act, 1923, Bare Provisions
Cases to be referredMackinon Mackenzie and Co (p) Ltd v. Ibrahim Mahmmed Issak AIR 1970, SC 1906
Jayaram Motor Service V. Pitchammal (1982) 2 LL.J 149
Smt Rita Devi V. New India Assurance Co. AIR 2000 sc 1931
Jyoti Ademma V. Plant Engineer, Nellore and Another AIR 2006, SC 3309
Smt Sundari Devi V. Rajendra Singh and Other (2007) LLJ 3 (229)
Bala Mallamma V. Registrar, Osmania University, Hyderabad and Another
Sarjerao Unkar jadhav V. Gurindar Singh And Another (1992( 1 LLJ 156
Rajbir Singh V. S.K.S. Yadav, Commr. W.C. (1996) 1 LLJ 91
Books to be referredRefer G B Pai, and V.G. Goswami Unit 2.1
Refer G.B. pai, V.G Goswami, S N Mishra Unit 2.2
Refer S.N Mishra- Unit 2.3
The Civil Court Manual, Vol- 45, Further Case References
Articles to be ReferredDoctrine Of Added Peril- (2007) 2 Labour law Journal
LLJ (2001) 1
Doctrine Of Notional Extension- (2004) 3 Labour law Journal
(2006) 2

UNIT-3 The Maternity Benefit Act, 1961 (Approx7 classes)

The Act provides for 12 weeks wages during maternity as well as paid leave in certain other
related contingencies.
3.1 Short title extent and commencement
- Definition
3.2 Employment of, or work by, women prohibited during certain period
3.3 Right to payment of maternity benefit
3.4 Continuance of benefit
3.5 Inspectors powers duties
3.6 Penalty
3.7 Power of Central Govt.

References
Cases to be referred
B.Shah V. labour Court, Coimbatore, AIR 1978 Sc 12
Tata Tea Ltd V. Inspector Of Plantations, (1992) I LLJ 603 (Kerala)
Punjab National Bank by Chairman and Another V. Astamija dash (2008)3 LLJ 584
SC
Books to be referred
Labour and Industrial law, S.N Mishra
Labour and Industrial Law, Prof. V. G. Goswami
Women and The Law, Kuerst
Women and the Law, Dr. S.R My
Articles to be Referred
Indian and International Perspective Of the Maternity Benefit scheme,
(2005) Vol-2, Labour Law Journal

Part B Economics and welfare Measures

Labour welfare services include such service as are rendered to workers and their
families by industrial enterprises with the purpose of raising their moral, material,
social and cultural levels and to adjust to better life.
The concept of welfare is necessarily dynamic having a different
interpretation from country to country and from time to time and even in the same
country, according to its value system, social institution, degree of industrialization
and general level of social and economic development.
The following syllabus prepared with this perspective well be spread over a
period of one semester.

Part-4 The Payment of Gratuity Act, 1972 (Approx 10 classes)

which provides 15 days wages for each year of service to employees who have
worked for five years or more in establishments having a minimum of 10
workers.
4.1

Preliminary and Definitions

4.2

Eligibility for payment of gratuity

4.3

Miscellaneous

References
Cases to be ReferredManagement Of Site Womens College, Madras V. Mohd. Ibrahim
(1992) 1 LLJ 91
Chamanlal V. Municipal Committee, Panipat (1986) Lab IC 638
Municipal Board V. Asst. Lab. Commr. Kanpur, (1986) Lab IC 1528

Hydel Dept. Of The Govt in St Of Pnjab v. The Labour Court,

Jullundur( 1979) Sc 1981
Dharangura Chemical works Ltd V. State Of Saurashtra(1957) SC
264
Books to be Referred

Labour and Industrial law, Prof. V. G Goswami

Commentary On the Payment Of Gratuity Act, Dr S C
Srivastava
Labour and Industrial law, S. N Mishra
Articles to be referred

Applicability of Gratuity to the teachers- (2002)1 LLJ,

(2004)1, LLJ, (2005) 2 LLJ
Does Sec.10 of the payment Of Gratuity Act,1972 meet
the Ends Of Equity
(2007)3 LLJ

UNIT-5

The payment of bonus Act, 1965 (approx-10 classes)

An Act to provide for the payment of bonus to persons employed in certain

establishments on the basis of profits or on the basis of production or productivity and
for matters connected therewith.]

5.1

General and Definitions

5.2

Eligibility and extent of bonus

5.3

Machinery

5.4

Miscellaneous

References
Books to be Referred-

Labour and Industrial law, S.N Mishra

Commentary on The Payment Of Bonus Act, 1956, S. C Srivastava
Labour law In India, Vol-2. G.B pai
Cases to be Referred-

Workmen Of national and Grindlays bank ltd. V. National and

Grindlays Bank Ltd (1976) Sc 611
Metal Box Co. Of India ltd V. Their Workmen (1969) 1 scr 750
Mackinon

Mackenzie v. I.M Issak (1970) 2 Lab IC 1413

Assam Railway and Trading Co. V. Saraswati Devi, AIR 1963,

Assam, 127
Workmen William Jacks and Co. V. Management William Jacks
and Co (1971) lab IC 1124
Hukumchand Jute Mills Ltd V. Second Industrial Tribunal (1979) 1
LLJ 461
Articles to be referred

Laws and Flaws of Bonus Act, (2003)1, Labour law Journal

A Balance between labour laws and Economic growth, (2007)2
Labor Law Journal

UNIT-6 The Minimum Wages Act, 1948(approx 5 classes)

an Act to provide for fixing minimum rates of wages in certain
employments

6.1Concept of wages
6.2Constitutional perspective on wags
6.3Theories and facts of wages
- Theories of wages
- Wages, bonus and dearness allowance
- Basic wage
- Bonus as deferred wage or share of profits- eligibility
- House rent allowance
- City compensatory allowance
- Educational allowance
- Conveyance allowance
- Cash Incentives: Percentage on turn over
- Medical allowance
- Leave travel concessions
- Overtime allowance
6.4

Wages, price and Tax

6.5

Increase of wages impact on price

Increase in price impact on wages
Wages and the consumer
Fixation of minimum rates of wages- methodology
Machinery and miscellaneous provisions

ReferencesBooks To be referredLabour and Industrial Law , S N Mishra

Labour and Industrial law, Prof. V. G. Goswami
LAbour law In India,Vol-2, G.B Pai
Articles to be referred
Law and Economics Of Minimum Wages Jurisprudence (2007)3 Labour law Journal
A prisoners right to receive Minimum wages: A Comparative Analysis Of Indian and
American Position (2005)2 labour law Journal