Diploma in Labour Law and Labour Welfare

Eligibility for Admission

To be eligible for admission, the candidate must be Graduate or have equivalent degree from any recognized University.

Duration of the Course

Duration of the course shall be One Academic Year.

Medium of Instruction

The medium of the course shall be only in English.

Examination

The examination shall be held at the end of every academic year.

Standard of Passing or Exemption

  1. There shall be a written examination of 100 marks for all the theory papers at the end of the academic year.
  2. A student who has secured 40 marks in the written examination is said to have passed the theory paper (course).
  3. There shall be a Journal for the practical paper consisting of 80 marks and a viva voce examination of 20 marks to be conducted by one internal faculty member and one external faculty member as assigned by the university or the principal of the Law College.
  4. A student who has secured a minimum of 32 marks for the Journal and a minimum of 8 marks in the viva voce is said to have passed the practical paper (course).
  5. There shall be revaluation of the answer sheets of end semester University examination of theory papers as per Ordinance No. 134 A and B of Savitribai Phule Pune University (SPPU),Pune.

Removal of Doubts and Difficulties

Notwithstanding anything stated in the rules herein, for any unforeseen issues arising, and not covered by the rules herein, or in the event of differences of interpretation, the Vice-Chancellor of the University may take a decision and the said decision of the Vice-Chancellor shall be final and binding

Program Outcomes

  1. The course will provide students with a comprehensive understanding of industrial relations, regulations, payment, and working conditions.
  2. Raising awareness of historical, socio-cultural, psychological, economic, and political aspects of organized and unorganized labour, as well as issues related to women, child labour, migrant labour, bonded labour, and labour organizations at local, national, and international levels.
  3. Provide students with an understanding of various approaches to industrial relations, including legal and alternative avenues for resolving labour-management problems.
  4. Developing legal knowledge and abilities for managing labour-management relations.
  5. Understanding Compliance documentation under various Labour Laws.

There shall be following Papers:

  1. DLL & LW Paper 101 Law Relating to Industrial Relations and Disputes -100 Marks
  2. DLL & LW Paper 102 Law on Wages- 100 Marks
  3. DLL & LW Paper 103 Social Security Legislation: 100 Marks
  4. DLL & LW Paper 104 Labour Welfare Legislation: 100 Marks
  5. DLL & LW Paper 105 Practical Training Paper: Field Work and Viva-Voce: 100 Marks

Course of Study

Detailed Syllabus is given below:

DLL & LW Paper 101 - Law Relating to Industrial Relations and Disputes -100 Marks

1. Industrial Disputes Act, 1947:

  1. Definitions: Industry, Workmen, Employers, Industrial Disputes etc., Scope of Industry
  2. Authorities for the settlement of disputes, 1947, methods of settlement, Procedure, Power and
  3. Duties of Authorities
  4. Strike, Lock Out, Lay-Off, Retrenchment and Closure
  5. Penalties, Offences by Companies etc.

2. The Trade Union Act, 1926:

  1. Collective Bargaining- Concept and Process, Legal control, Factor affecting collective bargaining,
  2. Merits and Demerits of collective bargaining
  3. History and Development of Trade Union Movement with reference to India
  4. Registration of Trade Union, Rights and Liabilities of Registered Trade Union,
  5. Penalties and procedure

3. Industrial Employment (Standing Order) Act, 1946:

  1. Definition, Historical Background, Application of the Act, Model Standing Orders – Misconducts
  2. Submission of drafts standing orders, conditions for standing orders, certification of standing
  3. order, Posting, Duration and modification of standing orders
  4. Disciplinary Proceedings in Industries/Domestic Inquiry- Preliminary Enquiry, Charge-sheet, Procedure of Domestic Inquiry
  5. Powers of Certifying officers and appellate authority
  6. Penalties and procedure

4. Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act, 1971:

  1. Authorities
  2. Powers and Duties
  3. Unfair Labour Practices
  4. Penalties and Procedure
DLL & LW Paper 102- Law on Wages- 100 Marks

1. The Payment of Wages Act, 1936:

  1. Definitions, Object, Historical background
  2. Responsibility for payment of wages, Obligations of employer and employee
  3. Authorised deductions of wages
  4. Enforcement machinery under the Act & their powers and functions
  5. Offences and Penalties.

2. The Minimum Wages Act, 1948:

  1. Definitions, Objectives, Theories of Wages
  2. Fixation & Revision of rates of Wages, Working Hours and Determination of Wages and Claim etc.
  3. Authorities, Powers & Duties of the Authority
  4. Offences and Penalties and Exemptions

3. The Payment of Bonus Act, 1965:

  1. Concept of Profit Sharing- Desirability, Concept of Bonus, Basis for the calculation of Bonus under the Payment of Bonus Act,1965
  2. Eligibility for Bonus, minimum and maximum bonus
  3. Set on and Set off of allocable surplus
  4. Interpretation by Indian Courts and Tribunals
  5. Penalties

4. The Equal Remuneration Act, 1976:

  1. Payment of Remuneration at equal rates to Men and Women workers and other matters.
  2. Duties of the employer
  3. Penalties
DLL & LW Paper 103 - Social Security Legislation: 100 Marks

1. Social Security:

  1. Importance of social security
  2. Conceptual frame work of Social Security,
  3. Evolution of Social Security system in India

2. Employee’s Compensation Act, 1923:

  1. Definitions, Aims & Objectives
  2. Liability of Employer, Defences
  3. Notional Extension, Cases
  4. Determination of Amount of Compensation, Compensation when due-Penalty for default,
  5. Contracting Out
  6. Labour Commissioner – Duties and Powers

3. Employee’s State Insurance Act 1948:

  1. Employees State Insurance Fund, Employer and Employees Contributions, Grant by the Government
  2. Purposes for which the fund may be expended
  3. Authorities, their powers and function
  4. Benefits available, their conditions
  5. Adjudication of disputes and claims

4. Employee’s Provident Fund Act, 1952:

  1. Definition, Object and scope of the Act
  2. Employee’s Provident Fund Scheme
  3. Penalties, Offences by Companies
  4. Enhanced punishment in certain cases after previous conviction

5. The Maternity Benefit Act, 1961:

  1. Applicability, Nature of benefits and privileges available under the Act
  2. Procedure for claiming payment
  3. Inspector – their powers and functions
  4. Penalties

6. Bombay Labour Welfare Fund Act, 1953:

  1. Salient features of Bombay Labour Welfare Fund Act, 1953
  2. Payment of contribution to the fund, Unpaid accumulation
  3. Powers of State Government under the Act

7. The Payment of Gratuity Act 1972:

  1. Definition, Scope and application of the Act
  2. Controlling authority
  3. Inspector and their powers
  4. Penalties, Exemption of employer from liability in certain cases
DLL & LW Paper 104 - Labour Welfare Legislation: 100 Marks

1. The Factories Act, 1948:

  1. Definition of factory, Manufacturing process, Worker, Occupier
  2. Health, welfare and safety provisions under the Act
  3. Employer’s liability- liability for hazardous and inherently dangerous industries
  4. Role of Factory Inspector
  5. Working Hours, Leave with wages etc.

2. The Plantation Labour Act, 1951:

  1. Registration of Plantation
  2. Inspecting staff- Powers and liability
  3. Hours and Limitation of employment, leave with wages, accidents
  4. Penalties and Procedure

3. The Dock Workers (Regulation of Employment) Act, 1948:

  1. Establishment and constitution of first advisory committee
  2. Dock labour Board- their function
  3. Dock Worker Scheme
  4. Authority under the Act

4. The Mines Act, 1952:

  1. Inspector and Certifying Surgeons, Committee – Powers and Function
  2. Mining operations and Management of Mines
  3. Hours and limitation of employment, leave with wages
  4. Penalties and procedure

5. The Bombay Shop and Establishment Act, 1948:

  1. Definition of commercial establishment shop
  2. Registration of establishment, working hours of shops. Restaurant, theatres
  3. Employment of women and children, health and safety, obligation on employers

6. Contract Labour (Regulation and abolition) Act, 1970:

  1. Central and state advisory board, power to constitute committee
  2. Registration of establishments employing contract Labour, Licensing of contractors
  3. Welfare and health of contract Labour
  4. Penalties and procedure

7. Child Labour (Prohibition and Regulation) Act, 1986:

  1. Object and scope of the Act,
  2. Prohibition of employment of children in certain occupation and processes
  3. Regulation of condition of work of children
  4. Penalties
DLL & LW Paper 105: Practical Training Paper: Field Work and Viva-Voce: 100 Marks

It shall consist of the following:

(A) Maintaining a Journal : 30 marks

(B) Study Tour Reports (Field Work Visit) : 50 marks

(C) Viva-Voce : 20 marks

Total: 100 marks

(A) Maintaining a Journal: 30 marks

1. Every student will be required to keep a Journal of the Field work done during the course of his / her study.

2. The following are the details of the Journal:

  • Article on Current Labour problems/ Labour Topic : One
  • Study of Labour Cases – Supreme Court or High Court : One
  • Summary of Seminar/Moot Court/Guest Lectures/Group Discussion/Work shop : Two
  • Study of different forms / Returns / to be filled under varies Labour Laws : One

(B) Study Tour Reports/ Field work visits Journal: 50 marks

It shall include the following visits:

  1. Visit to Factory/ Industry OR Visit to Labour Court/Industrial Court OR Visit to Government

Labour Department (25 Marks)

(Any one of the following) (25 Marks)

  1. Visit to any office of the Commissioner of Labour OR Any Office of Director, Safety and Health OR Any Office of the Regional Commissioner of Provident Fund or Trade Union Office OR Labour Welfare Centre
  1. Visit to Office of the Local Manager OR Employees State Insurance Corporation

(C) Viva-Voce (Oral): 20 marks

The field work and viva voce shall be examined by the Teacher In-charge of the field work in the

Institution concerned and one or more external examiners.

Recommended Books: –

  1. S.N. Mishra: Labour and Industrial Laws
  2. Sethi, K. L.: The Bombay Industrial Relations Act, 1946
  3. Malhotra, O. P.: The Industrial Disputes Act, 1947
  4. Shrivastav, K. D.: The Industrial Disputes Act, 1947
  5. Rustamjee : Law of Industrial Disputes
  6. Malik, P. L.: Handbook of Labour Law & Industrial Law
  7. Taxmann’s : Labour Laws
  8. Bakshi & Mitra: The Workmen’s Compensation Act & Social Insurance Legislation
  9. Gangully: The Employees State Insurance Act, 1948
  10. Prof. Rao, S. B.: The Concept of Bonus
  11. Prof. Rao, S. B.: Law & Practice on Minimum Wages
  12. Kothari: Wages, D. A. & Bonus
  13. Sethi, R. B.: Payment of Wages and Minimum Wages
  14. Rao, Prabhakar: Contract Labour Act, 1970
  15. Srivastava, K. D.: Commentary on Factories Act, 1948
  16. Bhosale, Y. B.: The Contract (Regulation & Abolition) Labour Act, 1970
  17. Kharbanda: Commentary on Factories Act, 1948
  18. Chaudhari, D. H.: The Bombay Shops & Establishment Act, 1948
  19. Dr. V. G. Goswami: Labour & Industrial Laws
  20. S. R. Myneni, Labour Laws
  21. S. P. Jain, Industrial and Labour Laws
  22. Avtar Singh & Harpreet Kaur, Introduction to Labour and Industrial Laws
  23. R. C. Saxena, Labour Problems and Social Welfare
  24. S. C. Srivastava, Social Security and Labour Laws
  25. K. M. Pillai, Labour and Industrial Laws
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