KLE LAW ACADEMY BELAGAVI
(Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College,
Hubballi, S.A. Manvi Law College, Gadag, KLE Society’s B.V. Bellad Law College, Belagavi, KLE Law
College, Chikodi, and KLE College of Law, Kalamboli, Navi Mumbai)
STUDY MATERIAL
for
LABOUR LAW I
Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi
Compiled by Reviewed by
Dr. Vijay V. Muradande, Asst. Prof. Mr. Santosh R. Patil, Principal
K.L.E. Society’s S.A. Manvi Law College, Gadag
This study material is intended to be used as supplementary material to the online classes and
recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation
for their examinations. Utmost care has been taken to ensure the accuracy of the content.
However, it is stressed that this material is not meant to be used as a replacement for textbooks
or commentaries on the subject. This is a compilation and the authors take no credit for the
originality of the content. Acknowledgement, wherever due, has been provided.
,This Study Material is prepared by me in
consultation with Principal by reading the following
reference books mentioned below, for more and
further reading the reader can refer these books.
Books Referred:
Malhotra O. P. – Law of Industrial Disputes, Vol. I and II.
S C Srivastava, Industrial Relations and Labour Laws
Dr V G Goswami Labour Insdustrial Laws
S. N Mishra - Labour Laws S. C. Srivastava - Social Security and Labour
Laws.
G Ramanujam, Industrial Labour Movement
P L Malik, Industrial Law
Mamoria and Memoria, Dynamic of Industrial Relations
First National Labour Commission Report, 1969
Second National Labour Commission Report, 2002
International Labour Conventions and Recommendations.
Bare Acts:
The Trade Unions Act,1926
The Industrial Disputes Act, 1947
The Industrial Disputes Act, 1947
The Employees Standing Orders Act, 1946
The Employees Compensation Act, 1923
The Employers State Insurance Act, 1948
The Payment of wages Act,1936
The Factories Act, 1948
, LABOUR LAW-I
UNIT-I:
Historical aspects - Master and Slave Relationship, Trade Unionism in India
and UK, Enactment of the Trade Unions Act, 1926, ILO Conventions relating to
Trade Unions and relevant Constitutional provisions. A bird's eye view of the Act-
Definitions - Trade Union, Trade Dispute, etc. Provisions relating to registration,
withdrawal and cancellation of registration Funds of Trade Union, Immunities,
problems of Trade Union, Amalgamation of Trade Union, Recognition of Trade
Unions - Methods, need and efforts in this regard, Collective Bargaining - Meaning,
methods, status of collective bargaining settlements, collective bargaining and
liberalization.
UNIT -II:
Historical Background and Introduction to the Industrial Disputes Act, 1947-
Definitions - Industry, Workman, Industrial Dispute, Appropriate Government, etc, -
Authorities/Industrial Dispute resolution machinery - Works Comrnittee, Conciliation
and Board of Conciliation - powers and Functions, court of Inquiry, Grievance
settlement Authority,
Voluntary Arbitration Li/S 10-4, Compulsory Adjudication- Government's
power of reference U/S- l0 - Critical analysis with reference to decided cases.
Compulsory Adjudication- Composition, Qualification, Jurisdiction, powers of
adjudication authorities - Award and Settlement - Definition, Period of operation,
binding nature and Juridical Review of award.
UNIT –III:
Law relating to regulation of strikes and lockouts- Definition of strikes and
lockouts' Analysis with reference to Judicial interpretations, Regulation U/Ss
22,23,10-A(4A), and 10 (3) Illegal strikes and lockouts, penalties. - Regulation of Job
losses- concepts of Lay-off' Retrenchment, closure and Transfer of undertakings with
reference to statutory definition and Judicial interpretations - Regulation of job losses
with reference to the provisions of chapter V-A and V-B of the ID Act, l947 -
Regulation of managerial prerogatives - Sections 9A, 1lA, 33 and 33A of ID Act,
1947, Certified Standing orders - Meaning and Procedure for certification' certifying
officers- Powers and Functions etc.
, UNIT-IV:
Concept and Importance of Social Security - Influence of I'LO' -
Constitutional Mandate, The Employees Compensation Act, 1923 - Definitions -
employee, employer, dependent, partial disablement, total disablement, etc. -
Employer's liability for compensation -Conditions and Exceptions - Procedure for
claiming compensation. Computation of Compensation, Commissioner- Jurisdiction,
Powers etc.
The Employees State Insurance Act, 1948 - Definitions - Employment injury,
Contribution, Dependent, Employee, Principal Employer etc. Employees State
Insurance Funds- Contribution, Benefits available - Administrative Mechanism - ESI
Corporation, Standing Committee, Medical Benefits Council - Composition, Powers,
Duties - Adjudication of Disputes, E.S.I Courts. Comparative analysis of the ESI Act,
1948 with the Employees' Compensation Act, 1923
UNIT-V:
The Payment of wages Act, 1936 - Definitions - employed person, factory,
industrial and other establishment, wages, etc. – Deductions - Authorities - Inspectors
and Payment of Wages Authority.
The Factories Act, 1948 - Definitions - factory, manufacturing process,
occupier' worker, hazardous process, etc. - Provisions of the Factories Act relating to
health, safety and welfare of workers - provisions relating to Hazardous process -
provisions relating to working conditions of employment - Working hours, Weekly
leave, Annual leave facility, Provisions relating to regulation of employment of
women, children and young persons.
(Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College,
Hubballi, S.A. Manvi Law College, Gadag, KLE Society’s B.V. Bellad Law College, Belagavi, KLE Law
College, Chikodi, and KLE College of Law, Kalamboli, Navi Mumbai)
STUDY MATERIAL
for
LABOUR LAW I
Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi
Compiled by Reviewed by
Dr. Vijay V. Muradande, Asst. Prof. Mr. Santosh R. Patil, Principal
K.L.E. Society’s S.A. Manvi Law College, Gadag
This study material is intended to be used as supplementary material to the online classes and
recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation
for their examinations. Utmost care has been taken to ensure the accuracy of the content.
However, it is stressed that this material is not meant to be used as a replacement for textbooks
or commentaries on the subject. This is a compilation and the authors take no credit for the
originality of the content. Acknowledgement, wherever due, has been provided.
,This Study Material is prepared by me in
consultation with Principal by reading the following
reference books mentioned below, for more and
further reading the reader can refer these books.
Books Referred:
Malhotra O. P. – Law of Industrial Disputes, Vol. I and II.
S C Srivastava, Industrial Relations and Labour Laws
Dr V G Goswami Labour Insdustrial Laws
S. N Mishra - Labour Laws S. C. Srivastava - Social Security and Labour
Laws.
G Ramanujam, Industrial Labour Movement
P L Malik, Industrial Law
Mamoria and Memoria, Dynamic of Industrial Relations
First National Labour Commission Report, 1969
Second National Labour Commission Report, 2002
International Labour Conventions and Recommendations.
Bare Acts:
The Trade Unions Act,1926
The Industrial Disputes Act, 1947
The Industrial Disputes Act, 1947
The Employees Standing Orders Act, 1946
The Employees Compensation Act, 1923
The Employers State Insurance Act, 1948
The Payment of wages Act,1936
The Factories Act, 1948
, LABOUR LAW-I
UNIT-I:
Historical aspects - Master and Slave Relationship, Trade Unionism in India
and UK, Enactment of the Trade Unions Act, 1926, ILO Conventions relating to
Trade Unions and relevant Constitutional provisions. A bird's eye view of the Act-
Definitions - Trade Union, Trade Dispute, etc. Provisions relating to registration,
withdrawal and cancellation of registration Funds of Trade Union, Immunities,
problems of Trade Union, Amalgamation of Trade Union, Recognition of Trade
Unions - Methods, need and efforts in this regard, Collective Bargaining - Meaning,
methods, status of collective bargaining settlements, collective bargaining and
liberalization.
UNIT -II:
Historical Background and Introduction to the Industrial Disputes Act, 1947-
Definitions - Industry, Workman, Industrial Dispute, Appropriate Government, etc, -
Authorities/Industrial Dispute resolution machinery - Works Comrnittee, Conciliation
and Board of Conciliation - powers and Functions, court of Inquiry, Grievance
settlement Authority,
Voluntary Arbitration Li/S 10-4, Compulsory Adjudication- Government's
power of reference U/S- l0 - Critical analysis with reference to decided cases.
Compulsory Adjudication- Composition, Qualification, Jurisdiction, powers of
adjudication authorities - Award and Settlement - Definition, Period of operation,
binding nature and Juridical Review of award.
UNIT –III:
Law relating to regulation of strikes and lockouts- Definition of strikes and
lockouts' Analysis with reference to Judicial interpretations, Regulation U/Ss
22,23,10-A(4A), and 10 (3) Illegal strikes and lockouts, penalties. - Regulation of Job
losses- concepts of Lay-off' Retrenchment, closure and Transfer of undertakings with
reference to statutory definition and Judicial interpretations - Regulation of job losses
with reference to the provisions of chapter V-A and V-B of the ID Act, l947 -
Regulation of managerial prerogatives - Sections 9A, 1lA, 33 and 33A of ID Act,
1947, Certified Standing orders - Meaning and Procedure for certification' certifying
officers- Powers and Functions etc.
, UNIT-IV:
Concept and Importance of Social Security - Influence of I'LO' -
Constitutional Mandate, The Employees Compensation Act, 1923 - Definitions -
employee, employer, dependent, partial disablement, total disablement, etc. -
Employer's liability for compensation -Conditions and Exceptions - Procedure for
claiming compensation. Computation of Compensation, Commissioner- Jurisdiction,
Powers etc.
The Employees State Insurance Act, 1948 - Definitions - Employment injury,
Contribution, Dependent, Employee, Principal Employer etc. Employees State
Insurance Funds- Contribution, Benefits available - Administrative Mechanism - ESI
Corporation, Standing Committee, Medical Benefits Council - Composition, Powers,
Duties - Adjudication of Disputes, E.S.I Courts. Comparative analysis of the ESI Act,
1948 with the Employees' Compensation Act, 1923
UNIT-V:
The Payment of wages Act, 1936 - Definitions - employed person, factory,
industrial and other establishment, wages, etc. – Deductions - Authorities - Inspectors
and Payment of Wages Authority.
The Factories Act, 1948 - Definitions - factory, manufacturing process,
occupier' worker, hazardous process, etc. - Provisions of the Factories Act relating to
health, safety and welfare of workers - provisions relating to Hazardous process -
provisions relating to working conditions of employment - Working hours, Weekly
leave, Annual leave facility, Provisions relating to regulation of employment of
women, children and young persons.
