labour law ii course plan

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Format No. QSP/7.1/01.F01 (A) Issue No. 04 Rev. No 3 Dated: April 18, 2012 ______________________________________________________________________________ _______________ UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies Dehradun ______________________________________________________________________________ COURSE PLAN Programme : B.A.LL.B. & B.B.A.LL.B. Course : B.A.LL.B. (Hons) & B.B.A.LL.B. Semester : VIII Session : Jan- June 2014 Batch : 2010-2015 Subject Code : LLBG…. No. of credits : 4 Subject : Labour Law II Prepared by : Priya Misra Email : [email protected] Approved By _______________________ _______________________ HOD Dean UPES Campus Tel : +91-135-2261090/91 “Energy Acres” Fax : +91 135- 2694204 P.O. Bidholi, Via Prem Nagar Web : www.upes.ac.in Dehradun -248 007 (U K)

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  • Format No. QSP/7.1/01.F01 (A)

    Issue No. 04 Rev. No 3 Dated: April 18, 2012

    ______________________________________________________________________________

    _______________

    UNIVERSITY OF PETROLEUM & ENERGY STUDIES

    College of Legal Studies

    Dehradun

    ______________________________________________________________________________

    COURSE PLAN

    Programme : B.A.LL.B. & B.B.A.LL.B.

    Course : B.A.LL.B. (Hons) & B.B.A.LL.B.

    Semester : VIII

    Session : Jan- June 2014

    Batch : 2010-2015

    Subject Code : LLBG.

    No. of credits : 4

    Subject : Labour Law II

    Prepared by : Priya Misra

    Email : [email protected]

    Approved By

    _______________________ _______________________

    HOD Dean

    UPES Campus Tel : +91-135-2261090/91

    Energy Acres Fax : +91 135- 2694204 P.O. Bidholi, Via Prem Nagar Web : www.upes.ac.in

    Dehradun -248 007 (U K)

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 2

    COURSE PLAN

    A. LEVEL OF KNOWLEDGE REQUIRED

    Basic knowledge of Labour Law-I is required.

    B. OBJECTIVES

    With the advent of 21st century, the role of workman in the growth of the economy is

    indispensable. The relationship between the employer and the employee/labour is that of

    trust and mutual understanding. The jurisprudence in this regard has developed not only

    from the enactment of several welfare and regulatory statutes but also from various

    judgments which have broadened the outlook of law on this quintessential factor of

    production.

    The need has often been expressed to develop the socio-legal and socio-economic aspect

    of labour jurisprudence. The intersection of labour with the industry, economy, society

    politics and human rights has often been highlighted by courts and must be observed and

    discussed by the students in order to gain a better insight of the development, arising

    conflicts (present and future) and science of labour law.

    This course will equip and prepare the students for their role in the petroleum and energy

    industry as not only a legal officer in the sector but also as a mediator/ link between the

    management and labour to harmonise their relations and achieve ideal conditions of work

    for both.

    C. MODE OF INSTRUCTION

    The instructor intends to use a combination of lecture method, case study method and problem solving method to interact and teach the students.

    The instructor requires students to read relevant instructional materials as required from time to time. These materials will range from book readings, articles, newspaper articles,

    case texts etc.

    Use of multimedia will be encouraged and interactive technology will be used.

    Researches, class debates and discussions will be encouraged.

    D. ASSESSMENT

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 3

    There are multiple types of assessment, including formal and informal evaluation. Assessment can be conducted by a variety of individuals, including self, peers, instructor and outside experts.

    E. PEDAGOGY

    Needless to say high level of participation is needed from the side of the students to make the

    subject interesting and enjoyable. Finding resources for history plans, activities, projects,

    games, and quizzes that use technology and exploring inquiry-based lessons, activities, and

    projects, that require efforts on the part of faculty, is also structured in the manner that will be

    helping the students. Learning about new and emerging technologies such as blogs and online

    social networks and exploring innovative ways of integrating them into the curriculum will also

    help students.

    Interactive approach during the study. (Students shall be advised in advance to prepare the

    topics for discussion in the class)

    Work in small groups and personalized teaching.

    (Student counseling, tutoring, and individual projects/ assignments, exercises)

    Out of these various components teacher could take assistance for evaluating the students

    Presentations (Individual)

    Project(Individual)

    Viva

    Class Test

    Quiz

    Multiple choice Questions

    Socratic seminar

    Assignments

    Group Discussions

    Audio visuals

    F. SYLLABUS :

    Unit 1: Welfare of Labour under The Factories Act

    Concept of Labour Welfare

    Classification and Importance- Labour Welfare Activities.

    Obligation of Employer, for Health, Welfare, Safety of Workmen

    Provisions relating to Hazardous Process Employment of Young Person: A Legislative Control in Factories

    Unit 2: Remuneration for Labour

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 4

    Concept of Wages (Minimum Wages, Living Wages, Fair Wages).

    Fixation of Minimum Rate of Wages.

    Scope and Object of Payment of Wages Act, Liabilities to pay the Wages

    Period for Payment of Wages.

    Protection of Wages

    Non-Payment

    Delayed Payment

    Unauthorized Deduction

    Remedial Measures for the Protection of Wages

    Equal remuneration

    Unit 3: Social Security of Workmen- Part I

    Concept and Scope of Social Security.

    Origin of Social Security in India.

    Benefits under Employees State Insurance Act, 1948.

    Claim and Adjudication of Disputes under Employees State Insurance Act. 1948.

    Workmens Compensation Act,1923

    Maternity Benefit Act, 1961

    Unit 4: Social Security of Workmen- Part II

    Payment of Gratuity under The Payment of Gratuity Act, 1972

    Employees Provident Funds and Miscellaneous Provisions Act, 1952

    An overview of International instruments related to Social Security

    Role of Judiciary in promoting social security in India

    Unit 5: Protection of Weaker Section of Labour

    The Child Labour (Prohibition and Regulation) Act,1986

    The Contract Labour (Regulation and Abolition) Act,1970

    The Bonded Labour System (Abolition) Act,1976

    G. COURSE COMPLETION PLAN

    Lectures: 4 h/week;

    Tutorials: 1h/week;

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 5

    Total hours per week: 4 contact hours per week would be used. Tutorial classes would be

    held for problem solving and remedial sessions, project/assignment discussions and class

    tests.

    H. COURSE REQUIREMENT

    Since the curriculum of the course requires analytical and logical decision making process the

    students have to read the commentaries, reference books and journals. The course materials

    including text books, journals, and commentaries are available in the College of Legal Studies

    library. Some study material will also be made available by the faculty. It is must for the student

    to have at least one basic book of Labour Law II which may be provided by the University to

    refer what has been taught in the class. The students need to spend time using internet to read

    relevant subject matter available at various web sites.

    I. EVALUATION & GRADING

    Description Weightage Schedule

    1. Internal Examination 30% Detailed Below

    2. Mid term Exam 20% Academic Calendar

    3. End term Exam 50% Academic Calendar

    Internal Assessment: Marks 100 (shall be done based on the following):

    i) First Component : As per Schedule given in Course Curriculum, Two Individual

    Assignments (Typed)

    Weightage 30%

    ii) Second Component : Case presentations Weightage 30%

    iii) Third Component : Project on specific topic (Synopsis, project report,

    presentation /Viva- voce) one week

    after mid semester Exam

    20% weightage

    iv) Fourth Component : Written Tests (Two) (One before Mid Sem& one before End SemExams)

    20% weightage

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 6

    Class Tests : Class Tests containing short theory questions to ascertain whether the

    students could understand the basic concepts or not. (30 to 45 Minutes)

    Assignments: Students must try the assignments individually. And the individual effort is

    necessary for an effective problem solving strategy, which is essential to good exam

    performance and to be successful professional later on. Assignments must be comprehensive

    and analytical. Late assignments will not be accepted (mark of zero will be assigned for the

    same). The selected topics from the Units/ Chapters from the text books and the other

    reference books are given for assignments in the Course Curriculum itself.

    Mid- Sem Examination: Marks 100 (Weightage 20%)

    Mid- Sem examination shall be of two hour duration and shall be a combination of Objective

    questions, short theory questions, long analytical questions and numerical problems.

    End -Sem Examination: Marks 100 (Weightage 50%)

    End-Sem examination shall be of three hours duration. The examination paper shall have

    objective questions and short questions based on theories, short and long analytical questions

    and numerical problems.

    Attendance

    Students are required to have minimum attendance of 75%.. Students with less than the

    aforesaid percentage shall not be allowed to appear in the end- semester examination.

    Cell Phones and other Electronic Communication Devices: Cell phones and other

    electronic communication devices (such as Blackberries and tablets) are not permitted in

    classes, Tests or the Mid/Final Examination. Such devices MUST be turned off in the class

    room.

    E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to

    access the LMS system regularly. Dates of conducting class tests, guest lectures, syndicate

    sessions etc. to the class will be transmitted via e-mail/LMS. The best way to arrange

    meetings or ask specific questions is by email.

    J. DETAILED SESSION PLAN

    TOPICS

    SESSIO

    NS

    (No.)

    READINGS

    Assignment

    (Presentatio

    n/

    Case/Quiz/t

    est/

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

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    other)

    Unit 1: Welfare of Labour under The Factories Act

    6

    Definitions

    Health ,Safety and welfare under the Act

    Working hours

    Provisions regulating Young persons in factories

    Provisions related to Hazardous Process

    Labour and Industrial law, Dr.

    V.G. Goswani,

    CLA, Allahabad,

    2005, Part VII.

    Labour and Industrial Law, KM

    Pillai Allahabad

    Law Agency, 2005

    Part III

    Labour and Industrial Law, SN

    Mishra CLA

    Publications, 2004,

    Part IX

    Labour problems and remedies, HL

    Kumar, Universal

    Book Traders,

    Delhi, 2006.

    Lectures, Presentation

    Discussion

    Examples

    Question and Ans

    Cases:

    Municipal Corp., Hathras v. UOI AIR 1975 All 364

    Kumba Konam Milk Supply Cooperative Society v. Regional Director ESIC Madras 2003 III L.L.J.416 Madras

    Arun Kumar Bali v. Government of National capital Territory of Delhi (2002) LLR 359

    Container Corporation of Infia Ltd. V. Lt. Governor, Delhi (2003) 98 FLR 653: 2002 LLR 1068

    Gopal Krishnan v. Kochin Port Trust (2003) 3 KLT 981(2004) II LLJ 227

    Leela v. State ofKeral (2004) 102 KLT 207

    H.K.Kala v. State ofM.P. 2008 LLR 1039 (MP HC)

    5, M.P.Housing Board v. Jyoti Chitins 2008 LLR 1036 (MP HC)

    Bishops School, Ranchi v. state of Bihar, (Now Jharkhand) 2009 LLR 96 (Jhar HC)

    Ravi Shankar Sharma v. State ofRajasthan 1993 L.I.C. 987 (Raj)

    S M.Datta v. State of Gujarat 2001 AIR SCW 3133

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 8

    Alembic Chemicals Work Ltd. vs. Their Workmen, AIR 1961 SC 651.

    The Clothing Factory National Workers Union Avadi, Madras vs. UOI & ors, AIR 1990 SC 1383.

    Mishr Dhatu Nigam Ltd. vs. M Venkataih and ors, 2003 SCC (L&S) 1066.

    Levesly vs. Thomas Fifth and John Brown Ltd, 1953 All ER 866.

    State Bank of India vs Central Government Labour Court, AIR 1985 SC 1034

    Rohtash Industries Ltd vs Ramlakhan Singh and Ors, AIR 1978 SC 849

    Unit 2: Remuneration for Labour

    10

    Concept of wages: fair wages, need wages, living wa wages ;

    Payment of Wages Act, 1936

    - Definition of Wages - Deductions from Wages - Period of payment - Liability and Penalties

    Minimum Wages Act

    - Definitions - Fixing of minimum rates of wages - Penalties

    Equal Remuneration Act, 1976 - Duty of employer - Penalties

    Industrial Jurisprudence, , A Critical Commentary,

    E.M.Rao, Chp.2.

    Labour and Industrial Law of India, SK Mishra 2005, pges

    341-392, 562-576)

    Labour and Industrial Law S.N Mishra, (pp.571-644)

    Labour Law in India Vol2, G.B.Pai, Chp.3

    Lecture, Presentation

    Discussion

    Examples

    Question and Ans

    Cases:

    Air India Cabin Crew Association v. Yeshawinee Merchant, (2003) 8 ILD 1 (SC)

    Bandua Mukti Morch v. UOI, AIR 1984 SC 802

    Bhikusa Yamasa Kshatriya v. Sangamner Akola Taluka Beedi Kamdar Union, AIR 1963 SC 806

    Bijay Cotton Mills Ltd. v. State of Ajmer, AIR 1955 SC 33 also see Sanjit Roy v. State of Rajasthan, AIR 1983 SC 328

    DPL Narain v. State of UP, AIR 1954 SC 224; affirmed in AIR 1974 SC 366

    Haryana State Co-operative Land Development Bank Ltd. v. Haryana State Co-operative Land Development Banks Employees Union, (2004) 14 ILD 576 (SC)

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 9

    Haryana State Co-operative Land Development Bank Ltd. v. Haryana State Co-operative Land Development Banks Employees Union, (2004) 14 ILD 576 (SC)

    Kamani Metals & Alloys Ltd. v. Workmen, AIR 1967 SC 1175

    KLJ Plastic v. Labour Court III, Hyderabad 2002 (95) FLR 966 (AP HC)

    Peoples Union for Democratic Rights v. UOI, AIR 1982 SC 1099

    People's Union for Democratic Rights v. UOI, AIR 1982 SC 1473

    State of Gujarat v. Gopal Glass Works Pvt. Ltd., 2001 Cr.L.R. (Guj) 611 : 2001 (4) GCD 3014

    State of Gujarat v. Joshi Formulabs Pvt. Ltd., 2001(1) GLH 642 : 2001(3) GLR 2726

    State of Gujarat v. T.P. Steel & Rolling Mills Pvt. Ltd., Botad, 1995 (2) GCD 1 : 1995 (2) GLH 902

    U. Unichoyi v. State of Kerala, AIR 1962 SC 12

    Workmen v. Management of Reptakos Brett & Co. Ltd., AIR 1992 SC 504

    Standard Vacuum Refining Co. of India v. Its Workmen, AIR 1961 SC 895

    Y.A. Mamarde v. Authority under the Minimum Wages Act, (1972) 2 SCC 108

    Unit 3: Social Security of Workmen- Part I

    12

    Concept of development of Social Security

    Workmens Compensation Act,1923

    - Definitions - Partial and total disablement - Employers liability - Powers of Commissioner

    - The Workmen' Compensation (Amendment) Act, 2009

    Employees State Insurance Act, 1948

    - Definitions - Authorities under the Act - Contributions - Benefits provided - Resolution of disputes under the Act

    Maternity Benefit Act, 1961

    1. Labour and Industrial

    Law Vol 2, H.L.

    Kumar,

    2. Labour and Industrial Law, KM Pillai

    Allahabad Law

    Agency, 2005 Part II.

    3. Labour and Industrial law, V.G. Goswani:

    C.L.A, Part I, V, VIII.

    4. Labour and Industrial Law, SN Mishra, Part

    IV, V, XIV.

    5. Administration of Workmens Compensation Law,

    K.L.Bhatia.

    6. Comprehensive Social Security Scheme for Workers , Jeet Singh

    Mann, Deep Publications

    Lectures, Presentation

    Discussion

    Examples

    Question and Ans

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 10

    - Definitions - Rights under the Act - Leave related provisions - Role of Inspectors - Duty of employer under the Act - Penalty provisions

    Cases:

    1. Dr. Navinlal K. Shah v. Union of India (2004) 1 Mah LJ 984: 2004-I LLJ 632 (Bom HC)

    2. Mukund Construction Company v. Regional P.F. Commissioner, 2007 LLR 150 (Gau HC)

    3. Shyam Singh v. Employees State Insurance Corporation, Kanpur, 2009 LLR 314 (ALL HC)

    4. Central Provident Fund Commissioner v. Modern Transportation Consultancy service (Private Ltd) 2009

    LLR 324 (SN) (Cal HC)

    5. Vatan Press, Sudarma, Jaipur v. Regional Provident Fund Commissioner/Assistant Provident Fund Commissioner, Employees provident Fund Organization, 2009 LLR 780.

    6. Employees State Insurance Corporation v. Shri Textile Mills , Kashmir road, Amritsar, 2009 LLR 559 (SN) (P&H HC)

    7. Bhaskaran v. Asstt Director, Employees State Insurance Corporation, 2007 LLR 1061 (Ker HC)

    8. Regional Director, Employees State Insurance Corporation v. Tulsi Chambers Premises Cooperative Society, 2008 LLR 362 (Bom HC)

    9. Employees State Insurance Corporation v. Arvind Mills LTd. 2009 LLR 744 (Guj HC)

    10. Madhya Pradesh State Electricity Board v. S.K .Yadav, 2009 LLR 814 (SN) (SC)

    11. Ambur Co-operative sugar mills ltd. v. Ambur Cooperative sugar Mills National workers Union, 2009 LLR 813 (Mad HC)

    12. Block development Officer, Pragpur v. Yoginder Kumar, 2008 LLR 763 (HP HC) Prashant Swarup v.

    Union of India, 2009 LLR 159 (Jhar HC)

    13. A.M.Sampath v. Bank of Baroda, rep. its chairman & Managing Director, Mumbai, 2009 LLR 534 (Mad

    HC)

    14. Management Seyadu Beedi Company, Tirunelveli v. Appellate Authority under payment of Gratuity Act,

    2009 LLR 420 (Mad HC)

    Unit 4: Social Security of Workmen : Part II

    12

    The Payment of Gratuity Act, 1972

    - Definitions - Continuous service - Payment and protection of gratuity

    Labour Law in India Vol2, G.B.Pai, Chp.2

    Labour and Industrial Laws, S.N.Misra, Part 6, 15.

    Comprehensive Social

    Lecture

    Slide Presentation

    Discussion

    Examples

    Question and Ans

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 11

    Employees Provident Funds and Miscellaneous Provisions Act, 1952

    - Definitions - Contributions - Authorities under the Act - Scheme of Provident Fund - Liability of employer

    International Instruments related to Social Security An overview

    - UDHR, 1948 - International Covenant on Economic, Social

    and Cultural Rights,1966

    - International Covenant on Civil and Political Rights, 1966

    - International Labour Organisations Conventions on Social Security Schemes

    Role of Judiciary in promoting social security in India

    Security Scheme for Workers ,

    Jeet Singh Mann, Deep

    Publications

    Unit 5: Protection of Weaker Section of Labour

    8

    The Child Labour (Prohibition and Regulation) Act,1986

    - Prohibition related provisions - Regulation of conditions of work of Children - Penalties - Judicial pronouncements

    The Contract Labour (Regulation and Abolition) Act,1970

    - Registration of certain establishments - Licensing of Contractors - Welfare and health related provisions - Penalties

    The Bonded Labour System (Abolition) Act,1976

    - Abolition of bonded labour

    Labour and

    Industrial Law of

    India, SK Mishra

    (pp.559-611)

    Labour and Industrial law, Dr.

    V.G. Goswani, Part

    VII.

    Labour and Industrial Law, KM

    Pillai, Part III

    Labour and Industrial Law, SN

    Mishra, Part IX

    Industrial Jurisprudence: A critical Commentary

    , E.M.Rao, (pp.101-110)

    Lecture

    Slide Presentation

    Discussion

    Examples

    Question and Ans

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 12

    - Implementing Authorities - Penal provisions

    Cases:

    Air India Statutory Corporation v. United Labour Union, AIR 1997 SC 645

    Bandhua Mukti Morcha v. UOI, AIR 1984 SC 802

    Bhandhua Mukti Morcha v. UOI, (1997) 10 SCC 549 : AIR 1997 SC 2218

    Bharat Petroleum Corporation Ltd. v. Mumbai Shramik Sangha, AIR 1998 SC 720

    Catering Cleaners of Southern Railway v. UOI, AIR 1987 SC 777

    Deena Nath v. National Fertilizer Ltd., AIR 1992 SC 457

    F.C.I. Class IV Emp. v. Union of F.C.I., 1994 II Labour Law Journal 102 (P&H);

    Feroze Sons v. B. C. Basu, (1979) 54, FJR 158 (Cal)

    Gammon India Ltd. v. UOI, (1974) 1 SCC 596 : 1974 SCC (L & S) 252

    Gujarat Electricity Board, Thermal Power Station, Ukai v. Hind Mazdoor Sabha, AIR 1995 SC 1983

    H.C. Bathra v. Union of India, 1976 Lab IC 1199 (Gauhati)

    Indane Bottlign Plant Sarmika Congress v. Indian Oil Corporation, 1996 (1) L.L.N. 665 (SC)

    Indian Iron and Steel Co. Ltd. v. State of Bihar, (1987) II L.L.J. 333 at p. 335 (HC)

    International Airports Authority Employees Union v. Airport Authority of India, 1997 (3) L.L.N. 78 (SC)

    J.P. Gupta v. Union of India, 1981 Lab IC 641 (Pat HC)

    Labourers Working on Salal Hydro Project v. State of J & K, (1983) 2 SCC 181

    M.C. Mehta v. State of Tamil Nadu, (1996) 6 SCC 756 : AIR 1997 SC 699 (1991) 1 SCC 283

    Padam Prasad Jain v. State of Bihar, 1978 Lab IC 145

    Peoples Union for Democratic Rights v. UOI, (1982) 3 SCC 235 : AIR 1982 SC 1473

    Philips Workers Union v. State of Maharashtra, (1987) II LLI 91 (HC)

    R.K. Panda v. Steel Authority of India, (1994) 5 S.C.C. 304

    Shashi Kant Upadhayay v. National Thermal Power Corporation Ltd., (1995) 71 F.L.R. 544 (All]

    Standard Vacuum Refining Co. of India Ltd. v. Its Workmen, AIR 1960 SC 948,

    State of Gujarat v. Vogue Garments, (1983) 1 LLJ 255: 1983 Lab IC 129 (Guj HC)

    Steel Authority of India v. National Union Water Front, AIR 2001 SC 3527 : (2001) 7 SCC 1

    Sylhet Co-operative Central Bank Ltd, v. Dhirendra Nath De, AIR 1958 Bom 507: 1958 Nag LJ 373

    Total Sessions:48

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 13

    END SEMESTER EXAMS

    *One Session = 1Hr

    K. SUGGESTED READINGS:

    Indian Law Institute, Labor Law and Labor Relations (1987)

    Mann, Jeet Singh, Comprehensive Social Security Scheme for Workers (2010), Deep

    Publications, New Delhi.

    Bowers John and Hone ball,Simon , Text Book on Labor Law (1996), Blackstone, London

    Pillai K.M.: Labour and Industrial Law, Allahabad Law Agency, Faridabad, Haryana, 2005

    Saxena R.C., Labour Problems and Social Welfare (1974)

    Raval and Malik : An introduction to labour law 1st Ed., Mahatma Gandhi Labour Institute.

    Report of the National Commission on Labour. Ch. 14-17, 22, 23 and 24

    Srivastava S.C., Social Security and Labour Laws Pts. 5 and 6 (1985).Universal, Delhi.

    Srivastava S.C., Commentary on the Factories Act 1948 (1999) Universal, Delhi

    Misra S.N. : Labour and Industrial Laws, 25th Ed. 2009, Central Law publication, Allahabad.

    Mishra S.K.: Labour and Industrial Law of India, 3rd Ed. 2005, ALA Faridabad.

    Srivastava. K .D , Commentaries of employees' state insurance act, 1948, Eastern, Lucknow.

    Malik Sumit , P.L. Malik's Industrial Law ,22nd Ed. 2010, Eastern Book Co. Lucknow

    Harvey, Industrial relations and employment law

    Kharbanda V.K., Commentaries on Contract Labour (Regulation and Abolition) Act 1970.

    Giri V.V., Labor Problems in Indian Industry (1972).

    Klare Conaghan Fischl , Michael Karl Joanne Richard, Labour law in an era of globalization :

    Transformative practices and possibilities.

    Reddy, Hargopal, Bonded Labour System in India: Causes, practice and law.

    L. JOURNALS/ WEB SOURCES:

    Students will be informed as the course progresses upon specific topics available on the

    worldwide web.

    1. Jstor 2. Westlaw 3. SCConline

    JOURNALS:

    1. Labour Law Digest

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 14

    2. Labour LawJournal

    3. Labour Law Reporter

    4. Supreme Court Labour Judgements

    5. All India Reporter

    M. List of Projects

    1. Developments of law relating to factories in India

    2. Health and welfare provisions for factory worker

    3. Safety provisions under the Factories Act

    4. Constitution and Objectives of ILO

    5. Ratification of ILO Conventions & Legal Status in India

    6. Payment of gratuity in India

    7. Understanding of disability and compensation under the Employees

    Compensation Act, 1923

    8. Law relating to computation of compensation under the EC Act, 1923

    9. Employees Compensation Commissioner and its function

    10. Adjudication of dispute and claims under the ESI Act, 1948

    11. Authorities constituted under the ESI Act, 1948

    12. Benefits of employees under the ESI Act, 1948

    13. The Employees Provident Fund Scheme 14. The Employees Pensions Fund Scheme 15. Authorities constituted under the EPF Act with their powers and functions

    16. Comparative Study of maternity benefit in India : Central and State Employees

    17. Authorities to implement Maternity Benefit Act

    18. Salient features of the Payment of Wages Act, 1936

    19. Claim and procedure under the Payment of Wages Act, 1936

    20. Constitutional validity of the Minimum Wages

    21. Law relating to overtime in India

    22. Adjudication under the Minimum Wages Act

    23. Law relating to Payment of Bonus

    24. Law relating to Equal Remuneration

    25. Judicial trend on Equal Remuneration

    26. Elimination of Child Labour

    27. Abolition of bonded labour

    28. Regulation of contract labour

    29. Contract labour and outsourcing of work

    30. Liability and obligation of principal employer under the Contract Labour Act

    31. Welfare and health provisions of contract labour

    32. Bonded Labour System and its socio-eco-legal issues

    33. Judicial approach to elimination of Child Labour

  • UNIVERSITY OF PETROLEUM & ENERGY STUDIES College of Legal Studies, Dehradun

    Page 15

    34. Salient features of the Beedi and Cigar Workers (Conditions of Employment Act,

    1966

    35. Significance of Vishakha v. State of Rajasthan, AIR 1997 SC 3011

    36. Case study : M.C. Mehta v. State of Tamil Nadu, AIR 1997 SC 699

    37. Problems of unorganized labour

    38. Globalisation and labour law

    39. A Critique on Payment of Bonus Act, 1965

    40. A critic of the present labour legislations in India

    41. Regulation of conditions of service in India

    42. A critic of Motor Transport Workers Act, 1961.

    43. An analysis of Beedi Workers Welfare Act, 1976

    44. Critical analysis of Plantation Labour Act, 1951

    45. An analysis of Mines Act, 1952: Need for reform

    46. A critical analysis of The Children(Pledging of Labour) Act, 1933

    47. An analysis of Workmens Compensation law

    48. Liability of employer in labour law

    49. Partial and total disablement under Workmens Compensation Act, 1923

    50. An analysis of The Factories Act, 1948: Is there a need for reform?

    51. Employment of young persons under Factories Act, 1948.

    52. Employment of children and young persons in labour law

    53. Definition of Wages in labour law.

    54. Significance of social security in labour law.

    55. Employer-employee relationship in labour law

    56. An analysis of Inter State Migrant Workmen (Regulation of Employment and

    Conditions of Service)Act 1979

    57. An analysis of Beedi and Cigar Workers (Conditions of Employment) Act 1946

    58. Analysis of Working Journalists (Conditions of Service) Act 1955

    59. Significance of equal pay for equal work

    60. Significance of Maternity Benefit Act, 1961.

    61. Role of administrative authorities in labour law

    62. Protection of Womens rights in labour law

    63. Significance of Gratuity in labour law

    64. A critic on labour law reforms in India

    65. Commissioners under Workmens Compensation Act, 1923

    66. Definition of employee under The Employees State Insurance Act, 1948

    67. Contributions of employer and employee under The Employees State Insurance Act, 1948

    68. Critical analysis of The Minimum Wages Act,1948

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    69. Hazardous Process under The Factories Act,1948

    70. A critical analysis of Equal Remuneration Act, 1976

    71. A critical outlook of The Apprentices Act,1961

    72. Constitution and labour law: An intersection

    73. Judiciarys role in the development of labor jurisprudence

    74. Role of Bandhua Mukti Morcha cases in labour law regime.

    75. Regulation of child labour: to what extent justified?

    N. Instructions:

    a) Students need to submit individual project and then make a presentation (max. 7 minutes) (Details would be given along with project topics)

    b) Viva-voce would be conducted for the research project, if adequate time for presentations is not there.

    c) Students are expected to read the concerned sessions contents in advance before coming to the class.

    d) The session will be made interactive through active participation from students. The entire session will be conducted through question-answer, discussion, current practices,

    examples, group discussions and presentations etc.

    e) All schedules/announcements must be strictly adhered to