COURSEPACK

FRAMEWORK

COURSEPACK
The course pack is a comprehensive learning-teaching strategy framework to be followed by all the
schools/departments in the university. It measures and analyses the achievement levels (learning
outcomes of the course) of all the students in a class.

THE SCHEME
The scheme is an overview of work-integrated learning opportunities and gets students out into the real
world. This will give what a course entails.
Course Title Labour and Industrial Law Course Type Theory
Course Code BALB4001 Class VII Semester
Activity Credits Credit Hours Total Number of Assessment in
Classes per Semester Weightage
Lecture 4 60
1 15

Self-study
Tutorial

Practical
Tutorial

SEE
Theory

CIE
Instruction Practical 0
delivery
Self-study 0
Total 5 75
4 1 00 50% 50%
Course Lead Ms. Roopali Course Ms. Roopali Shekhawat
Shekhawat Coordinator
Names Course Theory Practical
Instructors
Ms. Roopali Shekhawat

COURSE OVERVIEW

This is a comprehensive course which covers various aspects of labour and industrial laws in
the country. The course strengthens the labour law background of the students by covering
the evolution of labour laws through national and international laws, conventions, and other
instruments. The course provides a detailed study and examination of various labour laws in
the country such as Factories Act, Trade Unions Act, Industrial Disputes Act and the new
Labour Code, 2020. Further, the course also examines the aspect of social security for
workers including important concepts like social minimum and minimum wage. Finally, the
course also highlights the challenges for the unorganized sector workers and assesses the
existing legal framework in this regard.

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COURSE OBJECTIVE

The objectives of this course are as under:

 To acquaint students with industrial jurisprudence in India with a special focus on critical
analysis of enactments and protective regulations relating to industrial relations.
 The study encompasses its historical development, jurisprudential background,
international standard, constitutional provisions and a critical analysis of the enactments
with supportive landmark judgments and reports.
 To acquaint the students with important concepts and connotations, like industry,
workman, distinction between contract of service and contract for service, wage, minimum
wage, health, safety and welfare measures for workers, along with other protective
measures among others.
 To update them with the upcoming labour law reforms, which are yet to be implemented.
 Case-Law based study would imbibe legal reasoning and understanding among the
students with respect to labour laws.

PREREQUISITE COURSE

PREREQUISITE COURSE REQUIRED YES

If, yes please fill in the Details Course code Course Title
J1UB102T Contract Law - I
J1UB304T Constitutional Law – I

PROGRAM OUTCOMES (POs):

After the completion of the course, the student will be able to:
S.No. BBA LLB Program Out Comes (POs) would enable the Graduate:
Developing Knowledge of Law
PO 1 To learn to understand and apply a broad cross section of constitutional, statutory,
regulatory and procedural laws to demonstrate the competency in the required
courses.
Comprehensive Analysis and Interpretation and Critique Thinking
PO 2 To identify the key facts, issues, reasoning and application of principles of
interpretation that develop judicial decisions and to independently critique them.
Proficiency in Law Research and Investigation of Facts
PO 3 To find governing law and secondary sources and its application to evaluate facts

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and application of law.

Formulation of Solution with Practical Legal Approach
PO 4 To propose solutions to problems taking into account applicable law, client interest,
changed circumstances, alternative options and practical constraints.
Effective Communication and Writing
PO 5 To speak and write effectively in a manner appropriate to the audience/stakeholders
and evolve on global professional interactions.
Role of Lawyers in Society
PO 6 To appreciate the various roles lawyers play in society and recognize the impact of
law on people and institutions.
Environment and Sustainability:
PO 7 Understand the impact of the professional legal solutions in societal and
environmental contexts, and demonstrate the knowledge of, and need for sustainable
development.
Professional Ethics
PO 8 To identify and resolve ethical issue consistent with the profession’s ethical standard
to commit towards professional ethics.
Life- Long Learning:
PO 9 Recognize the need for, and have the preparation and ability to engage in
independent and lifelong learning in the broadest context of legal change.
PSO 1 To understand the basic concepts of Law and apply them ethically in all spheres of
governance, regulation and dispute resolution by developing skills of advocacy,
argumentation, drafting and legal reasoning.
PSO 2 To cultivate knowledge of the interface between law and social sciences and
effectively apply the understanding and skills acquired through clinical and
theoretical courses.

COURSE OUTCOMES(COs)
After the completion of the course, the student will be able to:

CO Course
No. Outcomes
CO 1 To understand the Industrial Jurisprudence in India with a special focus on
historical development, jurisprudential analysis and constitutional contours

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relating to industrial relations, and labour welfare at domestic and international

level and important concepts and connotations of industrial relations, like industry,
workman, distinction between contract of service and contract for service among
others.
CO 2 To apply the legal knowledge and understanding relating to wages on the practical
aspects of labour and industrial laws.
CO 3 To analyse the laws relating to health, welfare and safety of workers for organised
sector and those related to social security for organised sector, especially
employee compensation and state insurance and retiral benefits.
CO 4 To evaluate the specific laws, policies and problems of the labour in the
unorganised sector and critically analyse legislations towards the welfare of labour
class.

TAXONOMY LEVEL OF THE COURSE OUTCOMES

Bloom's taxonomy is a set of hierarchical models used for the classification of educational learning
objectives into levels of complexity and specificity. The learning domains are cognitive, affective,
and psychomotor.

COMPREHENSIVE
Remember UnderstandKL Apply AnalyseKL Evaluate Create
CO No.
KL1 2 KL 3 4 KL 2 KL 6
CO 1
CO 2
CO 3
CO 4
CO 5
CO 6

COURSE ARTICULATION MATRIX

The Course articulation matrix indicates the correlation between Course Outcomes and Program
Outcomes and their expected strength of mapping in three levels (low, medium, and high).
PSO1

PSO2
PO10

PO11

PO12
PO1

PO2

PO3

PO4

PO5

PO6

PO7

PO8

PO9

COs/ POs

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CO 1 3 - - - - 2 - 2 2 - - - 3 -
CO 2 2 - - - - 2 - - - - - - 2 -
CO 3 2 2 2 - - 2 - - - - - - -
CO 4 - - - 3 2 2 2 - - - - - - 2
Note: 1-Low, 2-Medium, 3-High
COURSE ASSESSMENT
The course assessment patterns are the assessment tools used both in formative and summative
examinations. Components are
1. Internal Assessment (IA) with frequency2(Quizzes/Tests, Assignments/ course-based
Project/seminar/AAT/Lab/Lab Exam)
2. Mid Term Exam (MTE) with frequency 1
3. End Term Exam (ETE) with frequency 1
Assessment pattern (in General) for theory course

CIE Weightage Total Marks Final marks

Type of CIE SEE CIE*0.5+SEE*
Course IA 1
Mid Term IA 2 0.5
Exam
Theory (T) 25 50 25 100 100 100
#Typical Rubric for the Internal Assessments

Type of Assessment Tools QUIZ/ MOOC Certification Case

Comment/Presentation
Internal Assessments 25 25

COURSE CONTENT
(THEORY + TUTORIAL)

CONTENT (Syllabus)

● Contract of Employment: A Foundation for Industrial Relations

 Contract ‘for’ and ‘of’ service - Laissez faire State v Welfare State
● Labour Welfare:
 Philosophy of Labour Relations
 Philosophy of Labour Welfare
 Theories of Labour Welfare
● Labour rights under Indian Constitution and Directive Principles of the State Policy - Prevention of forced
labour and Prevention of child labour
● Rights of Migrant Labour - Domestic

● Protection of Women from Sexual Harassment at Workplace

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 Industrial Relations – Evolution, The Industrial Employment (Standing Orders) Act,1946; The Essential
Services Maintenance Act, The Trade Unions Act, 1926, Industrial Relations Code, 2020, Collective
Bargaining, relevant concepts
● Social Security for organized and unorganized sector – branches of social security, Employees’
Compensation Act, EPF&MP Act, ESIC Act, Payment of Gratuity, new social security code
 The Payment of wages Act, the Payment of Bonus Act, the Equal Remuneration Act
 The Factories Act, 1948, Contract Labour (Regulation and Abolition) Act, 1970, Inter-State Migrant
Workmen Act, 1979, Occupational Safety, Health and Working Conditions. Code, 2020
 Unorganized Sector – issues and challenges, Unorganized Workers' Social Security Act 2008
 Policy initiatives for Labour Reforms in India (for pragmatic approaches) a) e-shram portal b) Lok Adalat c)
e-samadhan portal

LESSON PLAN FOR COMPREHENSIVE COURSES

Topic for Delivery Tutorial/ Practical Plan Skill Competency

Contract of Employment: A Lecture Understand Understand the

Foundation for Industrial evolution and basics
Relations of labour laws
1.
Philosophy of Labour Relations Lecture
and Philosophy of Labour
Welfare

2.
Theories of Labour Welfare Lecture
3.
The evolution of ILO and its Lecture
mandates:
 Introduction of the ILO
 Aims and Objectives of
the ILO
 Constitution and organs of
the ILO (contd.)
4.
Ratification of ILO Conventions Tutorial
5.
by Indian Government

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International Labour Standards Lecture
and application in India
6.
Industrial Jurisprudence: Lecture
Understanding of Social Justice

7.
Evolution and concept of Lecture
Industrial Jurisprudence in India
8.
Directive Principles of the State Tutorial
Policy

9.
Rights of Migrant Labour - Lecture
Domestic

10.
Protection of Women from Sexual Lecture
Harassment at Workplace
11.
History and Development of Lecture Analyse Analyse the provisions
Trade Unionism in India pertaining to industrial
12. dispute
Tripartism Lecture
13.
Collective Bargaining Tutorial
14.
Trade Unions, Registration, Lecture
Recognition, Powers and
Immunities
15.
Industry Lecture
16.
Strike Lecture
17.
Lockout and Closure Lecture
18.
Industrial Disputes Tutorial
19.
Adjudicatory and Non- Lecture
adjudicatory settlement
20.
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Lay-off, retrenchment Lecture

21.
Standing Orders Lecture

22.
Contemporary changes in the Lecture
legal scenario
23.
Social Security Tutorial

24.
Social Minimum (contd.)
25.
Social Insurance and Social Lecture
Assistance
26.
Employee’s Compensation, Lecture
Employees State Insurance and
Retiral Benefits
27.
Employment Compensation Lecture
28.
Objectives, Application, Scope, Tutorial
and Definitions under and the
Employees’ Compensation Act
(contd.)

29.
Employer’s Liability for Lecture
compensation, Amount of
compensation (contd.)

30.
Concept of ‘accident arising out Lecture
of’ and ‘in the course of the
employment’;

31.
Doctrine of notional extension Lecture
and doctrine of added peril
(contd.)
32.
Total and partial disablement; Lecture
33.
Quantum and method of
distribution of compensation.

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Notice, Claim and Appeal Tutorial

34.
Employee’s State Insurance Lecture
 Objectives, Application,
Scope, and Definitions
under and the ESI Act
 Benefits provided under
the ESI Act; Employees
State Insurance Fund and
Contributions;
 Maternity benefits
 Sickness benefit
 Medical benefit
 Disablement benefit
 Unemployment allowance
 Dependent’s benefit

Machinery for the implementation

of the Act; ESI court and appeal
to High Court.
35.
Retiral Benefits Lecture
 Employees Provident
Fund
Family Pension; The changing
rules regarding Employees
Provident Fund and Pension
Schemes (contd.)
36.
Payment of Gratuity– Concept of Lecture
gratuity; Eligibility for payment
of gratuity;

37.
Determination of gratuity; Lecture
Forfeiture of gratuity
38.
Social Security Code, 2020:
Changes suggested

39.

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Payment of Wages Tutorial

 Historical Background,
Objective & Application
 Wage: definition and
scope
Time of payment of wages
(contd.)
40.
Unlawful deductions: meaning Lecture
41.
Authorised Deductions, Lecture
Maintenance of Registers and
records, Mode of payment

42.
Inspectors, powers and functions, Lecture
Claim Applications

43.
Appeals, Jurisdiction of the Tutorial
authorities, Penal Provisions
44.
Minimum Wages Lecture Apply and Apply the theoretical
evaluate information on
 Objectives and
practical aspects of
constitutional validity of
labour law.
the MW Act;
 Types of wages, minimum
rates of wages, procedure
for fixation and revision of
minimum rates of wages.
(contd.)
45.
Non Waiver of the Right to Lecture
Minimum Wage: Contracting Out

46.
Overtime, Claims, Penalties,
exemptions and exceptions,
Power of Government
47.
Bonus Lecture
48.
 Bonus - historical
background, present

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position
 Extent and application,
Eligibility,
Disqualification
Payment of Bonus (contd.)
Bonus Tutorial
 Time limit for payment,
Inspector
49.  Penalty and exemptions
Equal Remuneration Lecture
 Constitutional Background
50.  Preconditions
Contemporary changes in the Tutorial
legal scenario

51.
Health, Safety and Welfare Lecture
52.
The Factories Act, 1948: Lecture
Objective, Scope and Application
(contd.)

53.
History of Factory Legislation and Tutorial
constitutionality

54.
Concept of factory, worker, Lecture
occupier and manufacturing
process (contd.)
55.
Health, welfare and safety Lecture
measures
56.
Provisions relating to Hazardous Lecture
Process (contd.)
57.
Working hours of Adultsand Lecture
Employment of Young Persons
58.
Contract Labour (Regulation and Tutorial
59.
Abolition) Act, 1970:

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 Objective, Scope and

Application
 Historical background and
Constitutional validity
(contd.)

Definition of Contract Labour, Lecture

contractor and Salient features
60.
Inter-State Migrant Workmen Tutorial
Act, 1979
61.
Contemporary changes in the Tutorial
legal scenario

62.
Unorganised Sector workers and Lecture
problems of their identification
(contd.)
63.
Unionisation Tutorial
64.
Occupational safety and Health Lecture
(contd.)
65.
Labour welfare (contd.) Lecture
66.
Social security (contd.) Lecture
67.
Unorganised Workers' Social Lecture
Security Act 2008 (contd.)

68.
Unorganised Workers' Social Tutorial
Security Act 2008 (contd.)

69.
Unorganised Workers' Social Tutorial
Security Act 2008 (contd.)

70.
Policy initiatives for Labour Tutorial
71.
Reforms in India (for pragmatic
approaches) a) e-shram portal b)
Lok Adalat c) e-samadhan portal

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Class presentations and Tutorial

discussions
72.
Class presentations and Tutorial
discussions
73.
Class presentations and Tutorial
discussions
74.

BIBLIOGRAPHY
 Reference Books
* V.G. Goswami, Labour and Industrial Laws, Central Law Agency (2019)

* Industrial Relations And Labour Laws, 8th ed., S Chand and Company Ltd ( 2022)
* Labour Law and Labour Relations: Cases and Material, K. N. C. Pillai, Indian Law Institute, 2007
* K.D. Srivastava, Law Relating to Trade Unions and Unfair Labour Practices in India, Eastern Book Company,
2002
* I. Sharath Babu and Rashmi Shetty, Social Justice and Labour Jurisprudence: Justice V. R. Krishna Iyer’s
Contribution, Sage Publications, 2007
* E. M. Rao, O. P. Malhotra’s The Law of Industrial Disputes, Vol. I & II, LexisNexis Butterworths Wadhwa ,
2015

 Journals/Magazines/Govt. Reports/Gazette/Industry Trends

* SCC Online
* AIR

 Case laws
* Rangaswami v. Registrar of Trade Unions, AIR 1962 Mad. 231
* The Tamil Nadu Non-Gazetted Government Officers’ Union, Madras v. The Registrar of Trade Unions, AIR
1962 Mad. 234
* In Re Inland Steam Navigation Worker’s Union, AIR 1936 Cal 59
* The Food Corporation of India Staff Union v. Food Corporation of India &Ors, AIR 1995 SC 1344.
* People’s Union for Democratic Rights v UOI, (1982) 3 SCC 235
* R.S. Ruikar v. Emperor, AIR 1935 Nag. 149
* Rohtas Industries Staff Union v. State of Bihar, AIR 1963 Pat. 170
* Bangalore Water Supply and Sewerage Board v. A. Rajappa, AIR 1978 SC 548
* State of U.P. v. Jai Bir Singh (2005) 5 SCC 1 82
* Arihant Siddhi Co.Op. Hg. Soc. Ltd. V. Pushpa Vishnu More Bombay High Court, Writ Petition No. 787 OF
2007, Order dated 22- 06-2018
* Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate, AIR 1958 SC 353
* Municipal Corporation of Delhi v. Female Workers (Muster Roll) AIR 2000 SC 1274: (2000) 3 SCC 224

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* J.H. Jadhav v. Forbes Gokak Ltd. (2005) 3 SCC 202
* Dharangadhra Chemical Works Ltd. v. State of Saurashtra, AIR 1957 SC 264
* A. Sundarambal v. Government of Goa, Daman & Diu, AIR 1988 SC 1700
* H.R. Adyanthaya v. Sandoz (India) Ltd. (1994) 5 SCC 737
* Management of Chandramalai Estate v. Its Workmen, AIR 1960 SC 902
* Syndicate Bank v. K. Umesh Nayak (1994) 5 SCC 572
* Essorpe Mills Ltd. v. P.O.; Labour Court (2008) 7 SCC 594
* T. K. Rangarajan v. Government of Tamil Nadu and others, (2003) 6 SCC 581
* Punjab Land Development and Reclamation Corporation Ltd. v. Presiding Officer, Labour Court (1990) 3
SCC 682
* The Workmen of Fire Stone Tyre & Rubber Co. Pvt. Ltd. v. Fire Stone Tyre & Rubber Co. Pvt. Ltd. (1976) 3
SCC 819: AIR 1976 SC 1775
* U.P. State Brassware Corporation Ltd. v. Uday Narain Pandey (2006) 1 SCC 479
* Deepali Gundu Surwase v. Kranti Junior Adhyapak&Ors (2013) 10 SCC 324
* Management of the Barara Cooperative Marketing cum Processing Society Ltd. v. Workman Pratap Singh
AIR 2019 SC 228
* Manju Saxena v. Union Of India, Supreme Court of India Civil Appeal Nos. 1176611767 OF 2018, Judgment
Dated: 3.12.2018 227
* Ram Manohar Lohia Joint Hospital v. Munna Prasad Saini CIVIL APPEAL NO. 5810 OF 2021, Judgment
Dated: 20 September, 2021
* Chandra Bhavan Boarding and Lodging Bangalore v State of Mysore and Another (1969) 3 SCC 84
* Crown Aluminum Works Ltd. v. Workmen, AIR 1958 SC 130 178 31.
* Standard Vaccum Refining Co. of India v Its Workmen 1961 (1) LLJ 227 (SC)
* State of Haryana v Tilakraj and Others 2003 SCC (L&S) 828
* Rajeev Kumar Tripathi v Union of India 1993 Supp. (1) SCC 525
* General Manager, India Cement Ltd. V Subramanian N S, (1998) I LLJ 584 (Mad.)
* Bhimsen Saxena v Brijnandan Bajpai AIR 1959 MP 401
* Payment of Wages, Inspector v Surajmal Mehta AIR 1969 SC 590
* Sambhunath Bhattacharjee v Orient Paper Mills (1995) I LLJ 159
* The Workmen v. The Management of Reptakos Brett & Co. Ltd., AIR 1992 SC 504
* Jalan Trading Co. (P.) Ltd. v. Mill Mazdoor Sabha, AIR 1967 SC 69
* A P Foods v S Samuel 2006 SCC (L&S) 1136
* Hindustan Steel Works Construction Ltd. V Employees Union 2005 SCC (L&S) 899
* J.K. Industries Ltd and others v. Chief Inspector of Factories and Boilers (1997) SCC (L&S) 1
* Hotel New Nalanda v. Regional Director, ESI Corpn. (2010) 1 SCC (L&S) 424
* V.P.Gopalan Rao v. Public Prosecutor, Andhra Pradesh AIR 197 SC 66
* Steel Authority of India Ltd v. National Union Waterfront Worker’s Union 2000 SCC (L&S) 471
* Hindalco Industries Ltd. v. Association of Engineering workers 2009 SCC (L&S) 315

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* Clothing Factory, National Workers’ Union Avadi, Madras v Union of India and others AIR 1990 SC 1383
* Steel Authority of India Ltd. and others v. National Waterfront Workers and others 2001 SCC (L&S) 1121
* A.P State Road Transport Corporation and others v. G. Srinivas Reddy and others 2006 II LLJ 425 9SC)
* Deva Nath & others v. National Fertilizers Ltd. & others 1992 1 LLJ 289 SC
* B.E.S.T. Undertaking v. Agnes (1964) 3 SCR 930
* Oriental Fire and General Insurance Co. Ltd. & Another v Union of India AIR 1975 AP 222
* Kirloskar Brothers Ltd. V ESI Corporation 1996 SCC (L&S) 533
* Transport Corporation of India v ESI Crporation 2000 SCC (L&S) 121
* Whirlpool of India Ltd. V ESI Corporation 2000 SCC (L&S) 326
* The District Exhibitors Association and Others v Union of India AIR 1991 SC 1381
* Grand Kakatiya Serotan Hotel and Towers Employees and Workers Union v Srinivasa
Resorts Ltd. and Others (2009) 2 SCC (L&S) 10

SWAYAM/NPTEL/MOOCsCertification- Certification under the NPTEL course on

“New Labour Codes of India”.

PROBLEM-BASED LEARNING
Exercises in Problem-based Learning (Assignments) (Min 54 Problems*)

S.No. Problem KL
1 The Nagpur Textile Union of which the applicant is the President had 4
determined on a strike of textile workers in Nagpur, the ground being that
certain conditions in the terms of settlement of a strike in the previous year
1933 had been evaded by the Empress Mills in Nagpur. The strike was
ordered, but did not at first meet with the response which the union desired
and consequently a system of picketing was inaugurated. On 3rd, 4th and
6th May 1934 the applicant made speeches supporting the strike and in the
course of his speeches advocated and encouraged the picketing of the mills
and called for volunteers to carry on the picketing. On the morning of 5th
May as a result of a complaint made by some of the strike committee that
two women picketers had been harassed by the police and driven away, the
applicant brought his wife to one of the mill gates and posted her there with
instructions to beat, with her slippers, any one who interfered with her.
Charges were framed under four heads, three relating to the speeches
delivered on 3rd, 4th and 6th May 1934 and the fourth relating to the
incident of the abetment of picketing by his wife on 5th May. Proceedings
were taken against the applicant on 7th May under S. 107, Criminal P.C.,
and it is admitted that after that there were no further activities on his part.
He was not however arrested for the offences of which he has been charged
and of which he has been convicted until the 16th May. The proceedings

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under S. 107, Criminal P.C., are in abeyance. The principal contention on
behalf of the applicant is that on the facts found against him in trial and in
appeal no offence has been committed as S. 7, Criminal Law Amendment
Act (23 of 1932) can have no application to purely industrial disputes.
Decide based on relevant case laws.
2 The appellants are lessees of the Salt Works from the erstwhile State of 4
Dharangadharaand also hold a licence for the manufacture of salt on the
land. The appellants require salt for the manufacture of certain chemicals
and part of the salt manufactured at the Salt Works is utilised by the
appellants in the manufacturing process in the Chemical Works at
Dharangadhara and the remaining salt is sold to outsiders. The appellants
employ a Salt Superintendent who is in charge of the Salt Works and
generally supervises the Works and the manufacture of salt carried on there.
The appellants maintain a railway line and sidings and also have
arrangements for storage of drinking water. They also maintain a grocery
shop near the Salt Works where the agarias can purchase their requirements
on credit.
The salt is manufactured not from sea water but from rain water which
soaking down the surface becomes impregnated with saline matter. The
operations are seasonal in character and commence sometime in October at
the close of the monsoon. Then the entire area is parcelled out into plots
called pattas and they are in four parallel rows intersected by the railway
lines. Each agaria is allotted a patta and in general the same patta is allotted
to the same agaria year after year. If the patta is extensive it is allotted to
two agarias who work the same in partnership. At the time of such
allotment, the appellants pay a sum of Rs 400 for each of the pattas and that
is to meet the initial expenses. Then the agarias commence their work. They
level the lands and enclose and sink wells in them. Then the density of the
water in the wells is examined by the Salt Superintendent of the appellants
and then the brine is brought to the surface and collected in the reservoirs
called condensers and retained therein until it acquires by natural process a
certain amount of density. Then it is flowed into the pattas and kept there
until it gets transformed into crystals. The pans have got to be prepared by
the agarias according to certain standards and they are tested by the Salt
Superintendent. When salt crystals begin to form in the pans they are again
tested by the Salt Superintendent and only when they are of a particular
quality the work of collecting salt is allowed to be commenced. After the
crystals are collected, they are loaded into the railway wagons and
transported to the depots where salt is stored. The salt is again tested there
and if it is found to be of the right quality, the agarias are paid therefor at the
rate of Rs 0-5-6 per maund. Salt which is rejected belongs to the appellants
and the agarias cannot either remove the salt manufactured by them or sell
it. The account is made up at the end of the season when the advances which

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have been paid to them from time to time as also the amounts due from the
agarias to the grocery shop are taken into account. On a final settlement of
the accounts, the amount due by the appellants to the agarias is ascertained
and such balance is paid by the appellants to the agarias. The manufacturing
season comes to an end in June when the monsoon begins and then the
agarias return to their villages and take up agricultural work.
The agarias work themselves with their families on the pattas allotted to
them. They are free to engage extra labour but it is they who make the
payments to these labourers and the appellants have nothing to do with the
same. The appellants do not prescribe any hours of work for these agarias.
No muster roll is maintained by them nor do they control how many hours
in a day and for how many days in a month the agarias should work. There
are no rules as regards leave or holidays. They are free to go out of the
Works as they like provided they make satisfactory arrangements for the
manufacture of salt.
In about 1950, disputes arose between the agarias and the appellants as to
the conditions under which the agarias should be engaged by the appellants
in the manufacture of salt. The Government of Saurashtra, by its letter of
Reference dated November 5, 1951, referred the disputes for adjudication to
the Industrial Tribunal, Saurashtra State, Rajkot. The appellants contested
the proceedings on the ground, inter alia, that the status of the agarias was
that of independent contractors and not of workmen and that the State was
not competent to refer their disputes for adjudication under Section 10 of the
Act. Decide based on relevant case laws.
3 The facts of the case were that on 27-12-1967, the appellant Management 4
intimated the workers’ Union its decision to reduce the strength of the
workmen in its branch at Calcutta on the ground of severe recession in
business. Apprehending mass retrenchment of the workmen, the Union
sought the intervention of the Minister in charge of Labour and the Labour
Commissioner, in the matter. Thereupon, the Assistant Labour
Commissioner arranged a joint conference of the representatives of the
Union and of the Company in his office, with a view to explore the avenues
for an amicable settlement. Two conferences were accordingly held on 5-1-
1968 and 9-1-1968 in which both the parties participated. As a result of
these conferences, the Company agreed to hold talks with the
representatives of the Union at its Calcutta office on the morning of 10-1-
1968. The talk did take place but no agreement could be arrived at. The
Assistant Labour Commissioner continued to use his good offices to bring
about an amicable settlement through another joint conference which was
scheduled for 12-1-1968. On the afternoon of 10-1-1968, the Company
without informing the Labour Commissioner that it was proceeding to
implement its proposed scheme of retrenchment, put up a notice of

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COURSEPACK
FRAMEWORK
retrenching 93 of the workmen in its Calcutta Office.
Treating this step as a serious one demanding urgent attention and
immediate action, the workmen resorted to strike w.e.f. 11-1-1968 after
giving notice to the appellant and the Labour Directorate and continued the
same up to 26-6-1968. In the meantime, the industrial dispute in relation to
the retrenchment of the workmen was referred by the State Government to
the Industrial Tribunal on 1-3-1968. By a subsequent order dated 13-12-
1968, the State Government also referred the issue of the workmen’s
entitlement to wages for the strike period, for adjudication to the Industrial
Tribunal. The Industrial Tribunal accepted the workmen’s demand for
wages for the period from 11-1-1968 to the end of February 1968 but
rejected their demand for the remaining period of the strike observing that
“the redress for retrenchment having been sought by the Union itself
through the Tribunal, there remained no justification for the workmen to
continue the strike”. 148 15.
In the appeal filed by the Management against the award of the Tribunal in
this Court, the only question that fell for determination was whether the
award of the Tribunal granting the striking workmen wages for the period
from 11-1-1968 to 29-2-1968 was valid. Decide this case based on relevant
case law.
4 The facts of the present case were that on 9-8-1955, the workers’ Union 4
submitted to the Management a charter of fifteen demands. Though the
Management agreed to fulfil some of the demands, the principal demands
remained unsatisfied. On 29-8-1955, the Labour Officer, Trichur, who had
in the meantime been apprised of the situation both by the Management and
the workers’ Union, advised mutual negotiations between the
representatives of the Management and the workers. Ultimately, the matter
was recommended by the Labour Officer to the Conciliation Officer,
Trichur for conciliation. The Conciliation Officer’s efforts proved in vain.
The last meeting for conciliation was held on 30-11-1955. On the following
day, the Union gave a strike notice and the workmen went on strike w.e.f. 9-
12- 1955. The strike ended on 5-1-1956. Prior to this, on 5-1-1956, the
Government had referred the dispute with regard to five of the demands for
adjudication to the Industrial Tribunal, Trivandrum. Thereafter, by its order
dated 11-6-1956, the dispute was withdrawn from the Trivandrum Tribunal
and referred to the Industrial Tribunal, Ernakulam. By its award dated 19-
10-1957, the Tribunal granted all the demands of the workmen. The appeal
before this Court was filed by the Management on three of the demands.
One of the issues was: “Are the workers entitled to get wages for the period
of the strike?”. On this issue, before the Tribunal, the workmen had pleaded
that the strike was justified while the Management contended that strike was
both illegal and unjustified. The Tribunal had recorded a finding that both

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COURSEPACK
FRAMEWORK
the parties were to blame for the strike and ordered the Management to pay
the workers 50% of their total emoluments for the strike period.
Decide whether workers were justified in going for strike with the help of
relevant case law.
5 “One should have thought that an activist Parliament by taking quick policy 4
decisions and by resorting to amendatory processes would have simplified,
clarified and de-limited the definition of “industry”, and, if we may add
“workman”. Had this been done with aware and alert speed by the
Legislature, litigation which is the besetting sin of industrial life could well
have been avoided by a considerable degree. That consummation may
perhaps happen on a distant day, but this Court has to decide from day to
day disputes involving this branch of industrial law and give guidance by
declaring what is an industry, through the process of interpretation and re-
interpretation, with a murky accumulation of case-law. Counsels on both
sides have chosen to rely on Safdarjung each emphasising one part or other
of the decision as supporting his argument. Rulings of this Court before and
after have revealed no unanimity nor struck any unison and so, we confess
to an inability to discern any golden thread running through the string of
decisions bearing on the issue at hand.
The chance of confusion from the crop of cases in an area where the
common man has to understand and apply the law makes it desirable that
there should be a comprehensive, clear and conclusive declaration as to
what is an industry under the Industrial Disputes Act as it now stands.
Therefore, we think it necessary to place this case before the learned Chief
Justice for consideration by a larger Bench. If in the meantime the
Parliament does not act, this Court may have to illumine the twilight area of
law and help the industrial community carry on smoothly.” Discuss the
jurisprudence on the definition of the term ‘industry’ based on relevant
cases.

STUDENT-CENTEREDLEARNING (SELF-LEARNING TOWARDS LIFE-

LONG-LEARNING)
Self-Learning, self-doing, and application of the knowledge acquired through the course after
gaining adequate knowledge
It’s a typical course-based project to be carried out by a whole class in groups of four students
each; they should exhibit higher level Knowledge Levels (Bloom’s Revised Taxonomy). To
enhance their skill set in the integrated course, the students are advised to execute course-based
Design projects.

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COURSEPACK
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The students, in a group not exceeding 4, are expected to conceive an idea based on the content
(objectives/ outcomes) and apply the suitable knowledge to demonstrate their ability to learn.
A list of 30-40 project statements can be offered to the students to choose or develop their own
ideas (teamwork) to define a problem statement, design and develop a product/
process/service/application and provide a suitable solution (design thinking). They may also
upload this Idea on the Yukti Portal (contact University IIC Team) and also patent the same.
Typical Problem Statements for Course-based Projects (min. of 20)
S.No Typical Project/Problem (sample) KL
1 Industrial visit for determining evident violations of labour laws. KL 4 /5
2 Interviewing a labour official/inspector on the aspects of implementation KL 4 /5
of labour laws.
3 Interviewing the labour representatives on the challenges faced by Trade KL 4 /5
Unions
4 Comparative study of two or more industries from the perspective of KL 4 /5
labour issues.
5 A small empirical study on the condition of women and the young workers KL 4 /5
below the age of 18.
6 A small empirical study on the social security provisions of unorganized KL 4 /5
sector workers.
7 An analysis of minimum wage provisions of skilled and unskilled workers KL 4 /5
in different areas.

RUBRIC FOR THE COURSE-BASED PROJECT

Type of Assessment Tools CIE Marks (Rubric) Total Marks

PPR TS Viva Total

Course-based Project Work 0 0 0 0 00

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