UNIT-I — The Minimum Wages Act 1948 (with latest Amendments)

  •       1.1  Object of the Act
  •       1.2  Constitutional Validity
  •       1.3  National Minimum Wages
  •       1.4  Enforcement of Minimum Wages
  •       1.5  Important Features of the Act
  •       1.6  Interpretations (Section 2)
  •       1.7  The Schedule I and II

UNIT-II — Industrial Dispute Act, 1947 (with latest Amendments)

  •       2.1  Preliminary
  •       2.2  Authorities under this Acts
  •       2.3  Notice of Change
  •       2.4  References of certain individual disputes to grievance
  •       2.5  Settlement authorities
  •       2.6  References of disputes to boards, courts or tribunals

UNIT-III — Industrial Dispute Act, 1947 (with latest Amendments)

  •       3.1  Procedure, Powers and duties of Authorities
  •       3.2  Strikes and Lock-outs
  •       3.3  Lay-off and retrenchment
  •       3.4  Special provisions relating to lay-off, retrenchment and closure in certain establishment
  •       3.5  Unfair Labour practices
  •       3.6  Penalties
  •       3.7  Miscellaneous
  •       3.8  Schedules I to V

UNIT-IV — Instruments of Economic Coercion

  •       4.1  Concept of strike
  •       4.2  Gherao
  •       4.3  Bandh and Lock-Out
  •       4.4  Types of strike
  •       4.5  Rights to strike and Lock Out
  •       4.6  General Prohibition of strike and Lock-outs
  •       4.7  Prohibition of strike and Lock-outs in public utility services
  •       4.8  Illegal strike and Lock-Outs
  •       4.9  Justification of Strike and Lock-Outs
  •       4.10  Penalties for illegal strikes and Lock-Outs
  •       4.11  Wages for strike and Lock-Outs
  •       4.12  Lay-Off — Definition of lay-off and Retrenchment
  •       4.13  Retrenchment — precedent for retrenchment, Procedure for Retrenchment and re-employment of retrenched workmen and penalty
  •       4.14  Transfer and Closure
  •       4.15  Compensation — Compensation to Workmen in case of transfer of undertaking closure
  •       4.16  Closure — prevention and regulation, Conditions
  •       4.17  Disciplinary action and domestic enquiry — Management’s prerogative during the pendency of proceedings, Notice of change

UNIT-V — Trade Union Act 1926 (with latest Amendments)

  •       5.1  Preliminary
  •       5.2  Registration of Trade Unions
  •       5.3  Rights and liabilities of registered Trade Unions
  •       5.4  Regulations Penalties and procedure
  •       5.5  The Employees Standing Order Act 1946 (with latest Amendments) and Collective Bargaining, Disciplinary Proceedings

UNIT-VI — Labour Related Acts

  •       6.1  The Bonded Labour (Regulation and Abolition) Act 1976 (with latest Amendments)
  •       6.2  Contract Labour (Abolition and Regulation) Act 1970 (with latest Amendments)
  •       6.3  Child Labour (Prohibition and Regulation) Act 1986 (with latest Amendments)

 

UNIT I: Minimum Wages Act, 1948

  • The “Core” Rule: Minimum wage is a compulsory payment. If an employer cannot pay it, they have no right to exist (Bijay Cotton Mills v. State of Ajmer).
  • Section 2(h) – Wages: Includes HRA and basic salary, but excludes PF, travel allowance, and gratuity.
  • National Floor Wage: The Central Govt sets a minimum level so that states don’t keep wages too low to attract business.
  • Constitutional Link: Acts as a tool for Social Justice under Article 43.

UNIT II & III: Industrial Disputes Act (IDA), 1947

  • Section 2(j) – Industry: The “Triple Test” (Systematic activity + Employer-Employee cooperation + Production of goods/services).
  • Section 2(s) – Workman: Anyone doing manual/technical/clerical work. Managers and Supervisors (earning above ₹10,000/month) are not workmen.
  • Settlement Machinery:
    1. Works Committee: Internal (100+ workers).
    2. Conciliation Officer: Government mediator (Talks).
    3. Labour Court/Tribunal: Adjudication (Final verdict/Award).
  • Notice of Change (Sec 9A): Employer must give 21 days’ notice before changing wages, hours, or leave.

UNIT IV: Coercion (Strikes, Lock-outs, & Job Loss)

  • Strike vs. Lock-out: Strike is the workers’ weapon; Lock-out is the employer’s weapon.
  • Public Utility Services (Sec 22): You must give 14 days’ notice before a strike or lock-out.
  • Illegal vs. Unjustified:
    • Illegal: Fails procedural law (No notice, or during court case).
    • Unjustified: The reason for the strike was greedy or unfair.
  • Job Loss Definitions:
    • Lay-off (Sec 2kkk): Temporary (No power/coal). Get 50% wages.
    • Retrenchment (Sec 2oo): Permanent firing (Surplus labor). Follow “Last-Come, First-Go”.
    • Compensation: For both, it is 15 days’ average pay per year of service.

UNIT V: Trade Union & Standing Orders

  • Registration (Sec 4): 7 or more members can apply. Must represent at least 10% or 100 workers.
  • Immunities:
    • Sec 17: Civil immunity (Can’t be sued for business loss during strike).
    • Sec 18: Criminal immunity (Conspiracy to strike is not a crime).
  • Standing Orders (1946 Act): These are the “Rules of the House.” They must be Certified by the govt and displayed at the gate.
  • Collective Bargaining: The process of the Union and Management sitting at a table to sign a “Settlement.”

UNIT VI: Specialized Labour Protection

  • Bonded Labour (1976): Abolishes forced work for debt. All debts are wiped out (Article 23).
  • Contract Labour (1970): The “Principal Employer” (the big boss) is responsible if the “Contractor” (the middleman) fails to pay or provide water/toilets.
  • Child Labour (1986/2016):
    • Below 14: Total ban on work.
    • 14–18 (Adolescent): Can work, but NOT in hazardous industries like mines or fireworks.

💡  “Exam Winning” Strategy:

  1. Definitions: Always start with the Section number for definitions (e.g., “Workman” is 2(s)).
  2. Comparative Tables: If you get a question on Lay-off vs. Retrenchment, draw a table. It shows you know the technical differences.
  3. Natural Justice: For any disciplinary action/firing, always mention that a “Domestic Enquiry” must follow the Principles of Natural Justice (Hearing both sides).

 

 

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