Labour Law and Industrial Relations I Notes | B.A. LL.B. (Five Year Course) Semester 5 | Mumbai University | munotes

Contents

Module I INDUSTRIAL RELATIONS CODE

1. The Code, and the Day the Law Changed 1
2. Why Workers Combined: The Historical Reasons 8
3. The Legal Impediments: Conspiracy and Restraint of Trade 15
4. The International Labour Organisation 24
5. The ILO's Influence on Indian Labour Legislation 32
6. What a Trade Union Is: The Definition 40
7. The Registrar and the Criteria for Registration 48
8. Applying for Registration, and Cancellation 58
9. The Registered Trade Union as a Body Corporate 67
10. The Funds of a Trade Union, and the Political Fund 76
11. Recognition: The Negotiating Union and Negotiating Council 84
12. Collective Bargaining 94
13. Disputes, Change of Name, Amalgamation and Dissolution 103
14. Immunity from Civil Suit 113
15. Immunity from Criminal Conspiracy 123
16. Enforceability of Agreements, and Restraint of Trade 132

Module II

1. 'Industry': The Conceptual Analysis 140
2. 'Industrial Dispute', and the Individual Dispute 150
3. 'Workman' Under the Code: Worker, Employee and Employer 157
4. Standing Orders: What They Are and Who Must Have Them 167
5. Certifying, Appealing and Modifying Standing Orders 175
6. Bi-partite Forums: Works Committee and Grievance Redressal Committee 187
7. Notice of Change in Conditions of Service 196
8. Conciliation and Voluntary Arbitration 204
9. The Industrial Tribunal and the National Industrial Tribunal 215
10. Awards and Settlements: Powers, Form, Operation and Recovery 226

Module III CAUSES OF INDUSTRIAL DISPUTE

1. 'Strike': Concept, Legality and Justification 239
2. 'Lock-out': Concept, Legality and Justification 250
3. 'Lay-off' and the Right to Compensation 258
4. 'Retrenchment': Conditions Precedent and Procedure 270
5. Transfer of an Undertaking, and Closure 280
6. The Larger Establishments: Chapter X and the Three Hundred Threshold 290
7. The Worker Re-skilling Fund 300
8. Unfair Labour Practices 306
9. Offences and Penalties Under the Code 317
10. The Remaining Provisions of the Code 329

Module IV WAGES CODE 2020

1. The Code on Wages: Object, Application and Commencement 340
2. 'Wages', and the Definitions That Decide Every Calculation 348
3. Minimum Wages: Fixation, Components and the Floor Wage 358
4. Payment of Wages: Mode, Period and Time Limit 369
5. Deductions From Wages 377
6. Payment of Bonus: Eligibility, Computation and Payment 388
7. Advisory Boards, Dues, Claims and the Inspector-cum-Facilitator 401
8. Offences and Penalties Under the Code on Wages 416
9. The Remaining Provisions of the Code on Wages 428