Labour and Industrial Law in India plays a crucial role in regulating employer-employee relations, ensuring fair wages, promoting industrial peace, and protecting the rights of workers. This guide provides a structured explanation of key concepts, landmark cases, and multiple-choice questions to help law students prepare for the All India Bar Examination (AIBE).
1. Evolution of Industrial Legislation in India
- Industrial laws in India have evolved through colonial rule, independence, and modern reforms.
- The foundation of labour rights can be traced to ILO Conventions and constitutional mandates under Articles 14, 19, 21, 23, and 24.
2. Industrial Disputes Act, 1947
(a) Scope, Object & Main Features
- Enacted to resolve disputes between employers and employees.
- Establishes dispute resolution mechanisms like conciliation, arbitration, and adjudication.
(b) Industry
- Defined in the case Bangalore Water Supply v. A. Rajappa (1978)
- Facts: The question was whether Bangalore Water Supply and Sewerage Board qualifies as an “industry.”
- Judgment: Expanded the definition of “industry” under the Act.
(c) Industrial & Individual Disputes
- Industrial Disputes affect a large number of workers, while Individual Disputes involve a single worker’s grievance.
(d) Workman & Employee
- Definition clarified in Sundaram Motors v. Deputy Commissioner (2001)
(e) Authorities under the Act & Grievance Redressal Machinery
- Conciliation Officers, Board of Conciliation, Labour Courts, Industrial Tribunals, and National Tribunal.
(f) Strike & (g) Lockout
- Defined under Section 2(q) and 2(l) respectively.
- Landmark Case: T.K. Rangarajan v. Government of Tamil Nadu (2003)
(h) Retrenchment, (i) Layoff, (j) Transfer & Closure
- Key sections: 25F, 25M, 25N, and 25O
- Landmark Case: Workmen of Meenakshi Mills Ltd. v. Meenakshi Mills Ltd. (1992)
3. Trade Unions Act, 1926
(a) Growth of Trade Unions in India
- The Indian labour movement was shaped by British colonial policies and post-independence labour reforms.
(b) Definitions & (c) Registration of Trade Unions
- Section 2(h): Definition of Trade Union.
- Section 4-9: Registration process.
(d) Rights and Liabilities of Trade Unions
- Includes right to collective bargaining and immunity from criminal liability.
(e) Collective Bargaining & Multiplicity of Unions
- Landmark Case: Ram Prasad Vishwakarma v. Industrial Tribunal (1961)
4. Payment of Wages Act, 1936
- Regulates payment of wages to employees and prevents unauthorized deductions.
5. Workmen’s Compensation Act, 1923
- Ensures compensation for work-related injuries and accidents.
6. Employees Provident Funds Act, 1952
- Mandates a retirement savings scheme for workers.
7. Maternity Benefits Act, 1961 (Amended in 2017)
- Provides maternity leave benefits and job security for female employees.
Landmark Case: Municipal Corporation of Delhi v. Female Workers (2000)
- Facts: Female workers demanded maternity benefits.
- Judgment: Extended maternity benefits to all women employees.
Multiple-Choice Questions (MCQs)
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Which Act regulates disputes between employers and employees?
a) Factories Act, 1948
b) Industrial Disputes Act, 1947
c) Trade Unions Act, 1926
d) Payment of Wages Act, 1936- Answer: b) Industrial Disputes Act, 1947
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Which case expanded the definition of “industry” under the Industrial Disputes Act?
a) Workmen of Meenakshi Mills Ltd. v. Meenakshi Mills Ltd.
b) Bangalore Water Supply v. A. Rajappa
c) Ram Prasad Vishwakarma v. Industrial Tribunal
d) T.K. Rangarajan v. Government of Tamil Nadu- Answer: b) Bangalore Water Supply v. A. Rajappa
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Which Act provides for maternity benefits to working women?
a) Maternity Benefits Act, 1961
b) Employees Provident Funds Act, 1952
c) Payment of Wages Act, 1936
d) Workmen’s Compensation Act, 1923- Answer: a) Maternity Benefits Act, 1961
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Which section of the Industrial Disputes Act deals with retrenchment?
a) Section 2(q)
b) Section 25F
c) Section 25M
d) Section 9A- Answer: b) Section 25F
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Which case ensured maternity benefits for female workers in India?
a) Sundaram Motors v. Deputy Commissioner
b) Workmen of Meenakshi Mills Ltd. v. Meenakshi Mills Ltd.
c) Municipal Corporation of Delhi v. Female Workers
d) T.K. Rangarajan v. Government of Tamil Nadu- Answer: c) Municipal Corporation of Delhi v. Female Workers
