LC 0801
Labour and Industrial Law :
Objectives of
the Course : The labour movement has been instrumental in the enacting of
laws protecting labour rights in the 19th and 20th centuries. Labour rights
have been integral to the social and economic development since the industrial
revolution. After the Independence the government of India has enacted numerous
legislations for the regulation of labour relations and their welfare. Labour
and Industrial law mediates many aspects of the relationship between trade
unions, employers and employees. It defines the rights and obligations of
workers, union members and employers in the work place. An understanding of
Labour Laws is very essential for law students because of the fact that the
scope and ambit of these laws is very wide and is touching the lives of
millions of people in the country.
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Module 01
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Constitutional Provisions on Labour Legislations :
Labour legislations and
relevant Constitutional provisions -
Fundamental Rights, Directive Principles of State Policy and Distribution of
legislative powers
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Module 02
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Settlement of
Industrial Disputes :
The Industrial Disputes
Act, 1947 : Objectives, Basic Definitions, Industry and
Industrial Disputes,
Settlement of Industrial Disputes - Authorities and
Procedures, Strikes, Lock-outs, Lay off,
Retrenchment and Recovery of Dues
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Module 03
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Unfair Labour
Practices and Model Standing Orders :
1.
Unfair Labour Practices Under the Maharashtra
Recognition of Trade Unions and Prevention of Unfair Labour Practices Act
1971
2.
The Industrial Employment (Standing Orders)
Act, 1946 :
a)
Model Standing Orders - Misconducts
b) Disciplinary
Proceedings in Industries / Domestic Inquiry - Preliminary Enquiry,
Charge-sheet, Procedure of Domestic Inquiry, Enquiry report and Punishment
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Module 04
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The Factories Act, 1948 :
Objectives,
Basic Definitions, Health, Safety and Welfare Measures, Working Hours of Adults
and Employment of Young Persons and Women, Leaves
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Module 05
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The Employees'
Compensation Act, 1923 :
Objects and Reasons,
Definitions, Employer's Liability for Compensation, Amount of Compensation,
Doctrine of Notional Extension and Doctrine of Added Peril
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Module 06
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The Contract Labour
(Regulation and Abolition) Act, 1970 :
Objects
and Reasons, Registration of establishments, Licensing of Contractors,
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Welfare and Health of Contract
Labour, Penalties and Procedures
Module 07 | Module 07 Laws Relating to Wages :
1. The Minimum Wages Act, 1948 - Objects, Definition of Wages, Fixation and Revision of Minimum Wages, Wage Theories
2. The Payment of Wages Act, 1936 - Objects, Definition of Wages, Payment of wages, Deductions from Wages, Authorities |
Recommended Readings :
1. Avtar
Singh and Harpreet Kaur, Introduction to
Labour and Industrial Law, LexisNexis.
2. G.M.
Kothari, How to Conduct and Defend
Disciplinary Inquiry and Cases, Eastern Book Company.
3. H.L.
Kumar, Law Relating to Disciplinary
Proceedings in Industries, Universal Publishing Co Pvt. Ltd.
4. P.L.
Malik, Handbook of Labour and Industrial
Law, Eastern Book Company.
5. S.D.
Puri and Sandeep Puri, Treatise on the
Contract Labour (Regulation and Abolition) Act,1970, Snow White
Publications.
6. S.K.
Puri, Labour and Industrial Law,
Allahabad Law Agency.
7. S.N.
Mishra, Labour and Industrial Laws,
Central Law Publications.
8. S.P.
Jain, Industrial and Labour Laws,
Dhanpat Rrai & amp: Co.
9. Taxmann's
Labour Law.
10. V.G.
Goswami, Labour and Industrial Laws,
Central Law Agency.
LC 0802
Jurisprudence :
Objectives of
the Course : The course aims at developing an analytical approach to
understand the nature of law and the development of legal system. Jurisprudence
seeks to answer fundamental questions about law. The concerns of jurisprudence
are an inescapable feature of the law and legal system. Jurisprudence has
generous frontiers. It accommodates copious subjects of intellectual enquiry.
This course identifies and elucidates several of the major preoccupations of
legal theory. This course also create an understanding of basic legal concepts
like Rights, Person, Property, Title, Possession, Ownership, Liability,
Obligation which are basic to the study of Law.
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Module 01
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Introduction to
Jurisprudence :
1.
Jurisprudence
– Meaning, Nature, and Utility
2.
Meaning, Characteristics, Purposes and
Classification of Law
3.
Relationship between Law and Morality
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Module 02
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Sources of Law :
1.
Legislation – Meaning, nature, kinds, merits
and demerits, relation with other sources
2.
Precedent - Meaning, nature, theories of
Precedent, Doctrine of Stare Decisis, article 141 of the Constitution of
India, kinds, ratio decidendi and obiter dicta, doctrine of prospective
overruling, significance and
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circumstances destroying binding force, relation with other
sources
3.
Custom - Meaning, nature, essential
conditions, kinds, concept of Volkgeist
4.
Juristic Writings - Meaning, nature and
significance
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Module 03
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Natural Law Theories
:
1.
Classical Natural Law theory: Plato and
Aristotle, St. Augustine, St. Thomas Acquinas
2.
Natural law and Social Contract Theory : Hugo
Grotius and International Law, Hobbes, Locke, Rousseau
3.
Revival of Natural Law : Lon Fuller and the
Morality of Law, H.L.A. Hart on Natural Law, John Finnis and the Restatement
of Natural Law
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Module 04
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Legal Positivism :
1. Bentham
and John Austin's theory of positivism
2. Hart's
concept of law
3. Kelsen's
Theory of law
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Module 05
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Sociological,
Realist and Historical Schools of Law
:
1.
Sociological school of law - Roscoe Pound
2.
Realist school of law -
a)
American Realism: W Holmes, Karl Llewellyn,
Jerome Frank
b) Scandinavian
Realism: Axel Hagerstrom, Alf Ross, Karl Olivercrona
3.
Historical school of jurisprudence - Savigny
and Maine. - Comparison of Historical and Analytical School of Law
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Module 06
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Critical Legal
Studies :
1.
Critical Feminist Jurisprudence -
a)
Feminist Legal Theory
b) Origins
of Feminism
c)
Legal Feminisms - Liberal Feminism, Radical Feminism,
Postmodern Feminism
2.
Critical Race Theory -
a)
Critical Race Theory’s critique of Liberalism
b) Critical
Race Theory’s racial critique of Civil Rights Scholarship
c)
Critical Race Theory as Reconstruction
Jurisprudence
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Module 07
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Rights and Duties :
1.
Meaning of Wrong, Duty and Right
2.
Characteristics of Legal Rights
3.
Kinds of Legal Rights
4.
Theories of Legal Rights
5.
Hohfeldian Classification of Legal Rights
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Module 08
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Concept of Property
and Obligations :
1.
Meaning of Property
2.
Kinds of Properties
3.
Theories of Property
4.
Modes of acquisition Property
5.
Definition of Obligation
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6.
Solitary Obligations
7.
Sources of Obligations
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Module 09
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Concepts of Ownership and Possession :
1.
Meaning of Ownership
2.
Characteristic of Ownership
3.
Subject-matter of Ownership
4.
Kinds of Ownership
5.
Modes of acquiring Ownership
6.
Meaning of Possession
7.
Kinds of Possession
8.
Modes of acquiring Possession
9.
Possessory Remedies
10. Comparison
between Ownership and Possession
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Module 10
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Concept of Person :
1.
Nature of Personality - Natural and Legal
2.
Legal Status of Lower Animals, Dead persons,
Unborn Persons
3.
Kinds of Legal Persons
4.
Uses and Purposes of Incorporation
5.
Theories of Legal Personality
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Module 11
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Concept of Title :
1.
Definition and Nature of Title
2.
Classification of Titles
3.
Importance of Agreements
4.
Kinds of Agreements
5.
Validity of Agreements
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Module 12
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Concept of Liability
:
1.
Definition and Nature of Liability
2.
Kinds of Liability
3.
General Conditions of Liability
4.
Measure of Penal Liability
5.
Measure of Civil Liability
6.
Theory of Strict and Absolute Liability
7.
Vicarious Liability in Civil and Criminal Law
8.
Liability of Corporations
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Recommended Readings :
1. Bodenheimer
Jurisprudence – The Philosophy and
Methods of Law, Universal Law Publishing, 1996.
2. Fitzgerald,
(ed.) Salmond on Jurisprudence, Sweet
& Maxwell, 1999.
3. W.
Friedman, Legal Theory, Universal Law
Publishing, New Delhi, 1999.
4. H.L.A.
Hart, The Concept of Law, Oxford
University Press, ELBS, 1970.
5. Hilaire
McCoubreyand Nigel D. White, Textbook on
Jurisprudence, Oxford University Press, 1999.
6. M.D.A.
Freeman (ed.), Lloyd’s Introduction to
Jurisprudence, Sweet and Maxwell, 1994.
7. Mark
Kelman, A Guide to Critical Legal Studies,
Universal Law Publishing Co., 2010.
8. N.Y.
Jayakumar, Lectures in Jurisprudence,
2nd Ed., LexisNexis.
9. P.S.
Atchthew Pillai, Jurisprudence and Legal
Theory, Eastern Book Company.
10. Paton
G. W. Jurisprudence, Oxford
University Press, ELBS, 1972.
11. Raymond
Wacks, Understanding Jurisprudence,
Oxford University Press, 2012.
12. Roscoe
Pound, Introduction to the Philosophy of
Law, 1998 Re-print, Universal Publication, Delhi.
13. Suri
Ratnapala, Jurisprudence, Cambridge
University Press, 2009.
14. V.
D. Mahajan, Jurisprudence and Legal
Theory, 1996 Re-print, Eastern Books, Luknow.
15. Vijay
Ghormade, Lectures on Jurisprudence &
Legal Theory, Hind Law House, Pune.
