Labour Law I Notes | LL.B. (Three Years) Semester 2 | KSLU | munotes

Contents

Unit I

1. Labour and Industrial Law-I: What This Paper Covers, and How to Read This Book 1
2. Industrial Relations, the Industrial Revolution and the Laissez-faire State 6
3. The Evolution of Labour and Industrial Law in India 14
4. The International Labour Organisation 22
5. The ILO's Influence on Indian Labour Legislation 30
6. The Constitutional Framework of Industrial Relations, and the Move to the Labour Codes 40
7. The Code, and the Day the Law Changed 50
8. 'Industry': The Conceptual Analysis 57
9. 'Industrial Dispute', and the Individual Dispute 67
10. 'Workman' Under the Code: Worker, Employee and Employer 74

Unit II

1. Bi-partite Forums: Works Committee and Grievance Redressal Committee 86
2. Conciliation and Voluntary Arbitration 95
3. The Court of Inquiry, the Labour Court and the Machinery the Code Replaced 106
4. The Industrial Tribunal and the National Industrial Tribunal 113
5. Awards and Settlements: Powers, Form, Operation and Recovery 125
6. Notice of Change in Conditions of Service 139
7. 'Strike': Concept, Legality and Justification 147
8. 'Lock-out': Concept, Legality and Justification 159
9. 'Lay-off' and the Right to Compensation 168
10. 'Retrenchment': Conditions Precedent and Procedure 180
11. Transfer of an Undertaking, and Closure 190
12. The Larger Establishments: Chapter X and the Three Hundred Threshold 201
13. The Worker Re-skilling Fund 211
14. Disciplinary Action: Misconduct, Suspension and Punishment 218
15. The Domestic Enquiry 225
16. Unfair Labour Practices 232

Unit III

1. Why Workers Combined: The Historical Reasons 243
2. The Legal Impediments: Conspiracy and Restraint of Trade 250
3. What a Trade Union Is: The Definition 259
4. The Registrar and the Criteria for Registration 267
5. Applying for Registration, and Cancellation 277
6. The Registered Trade Union as a Body Corporate 286
7. The Funds of a Trade Union, and the Political Fund 296
8. Recognition: The Negotiating Union and Negotiating Council 304
9. Collective Bargaining 314
10. Disputes, Change of Name, Amalgamation and Dissolution 324
11. Immunity from Civil Suit 334
12. Immunity from Criminal Conspiracy 344
13. Enforceability of Agreements, and Restraint of Trade 353

Unit IV

1. Standing Orders: What They Are and Who Must Have Them 362
2. Certifying, Appealing and Modifying Standing Orders 370
3. Offences and Penalties Under the Code 382
4. The Remaining Provisions of the Code 394

Unit V

1. The Code on Wages: Object, Application and Commencement 406
2. 'Wages', and the Definitions That Decide Every Calculation 414
3. Equal Remuneration: No Discrimination on the Ground of Gender 424
4. Minimum Wages: Fixation, Components and the Floor Wage 431
5. Payment of Wages: Mode, Period and Time Limit 442
6. Deductions From Wages 450
7. Payment of Bonus: Eligibility, Computation and Payment 461
8. Advisory Boards, Dues, Claims and the Inspector-cum-Facilitator 474
9. Offences and Penalties Under the Code on Wages 489
10. The Remaining Provisions of the Code on Wages 501