Industrial Relations and Labour Laws

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The sixth revised edition of Industrial Relations and Labour Laws captures the significant developments that have taken place in the realm of labour laws and industrial relations in the recent past. The most notable development in the legislative sphere is the amendment in the Industrial Disputes Act, 1947 in 2010. In the judicial sphere, there has been a marked shift in the approach of the Indian judiciary in the area of discipline and disciplinary procedure. Moreover, new norms/principles have been evolved to determine the classification of a person as a workman, provide relief in case of illegal/wrongful termination of service of workmen, determine notice period for strike/lock-out in public utility services and for regularization of services of daily, temporary, casual or contract workers. Extensively revised and updated in line with the changes in the law, this edition also gives a new and more holistic dimension to the subject of labour--management relations. Part I provides the contextual and constitutional framework of labour law and an overview of industrial relations. Part II deals with the trade union movement, employers’ organizations and laws relating to trade unions, collective bargaining, unfair labour practices and victimization. Part III deals with regulation of industrial disputes, persuasive, coercive and voluntary processes for settlement of industrial disputes, grievance procedure, government’s power of reference, laws relating to instruments of economic coercion, management of discipline, laws relating to change in conditions of service and lay-off, retrenchment, transfer and closure. Part IV examines laws relating to standing orders. Part V is on workers’ participation in management. This edition will serve as a comprehensive textbook for students of LLB, LLM, MBA, MSW, MPA, CS, and masters and diploma programmes in personnel management, industrial relations and labour law. It is indispensable for personnel managers, law officers, lawyers, trade union officials/ members, officials of labour department and members of the labour judiciary.

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Professor Suresh C Srivastava is presently the Secretary General of the National Labour Law Association. He obtained his LLD from Calcutta University, the first person to do so from an Indian university. Starting his career as a Lecturer in Law School, Banaras Hindu University, he served Jammu University as Reader and Kurukshetra University as Professor, Chairman and Dean, Faculty of Law. During 1986-88, he served the University of Calabar (Nigeria) as Professor, Head of the Department of Public and International Law and Dean, Faculty of Law. Hewas awarded the distinction of being National Fellow (National Professor) by UGC for 1990-92. He served the Law Commission of India during 1992-97 and Indian Law Institute as Research Professor from 1998 to 2004. He has also been Director of the Institute of Industrial Relations and Personnel Management, New Delhi. Professor Srivastava is a visiting faculty member in several universities and research institutions including IIT (Delhi), IIM (Rohtak), MDI, Gurgaon, Indian Institute of Coal Management, Ranchi and National Labour Institute, Noida. He is presently a member of the committee appointed by the Prime Minister to review labour laws. Table of Contents Part I: Industrial Relations: Contextual and Constitutional Framework Chapter 1: Introduction to Labour Laws and Industrial Relations Chapter 2: Industrial Relations: An Overview Chapter 3: Constitutional Framework on Industrial Relations Part II: Trade Unions and Law Chapter 4: A Contextual and Historical Analysis and Current Issues of Trade Unions in India Chapter 5: Judicial Delineation of Statutory Definition of Trade Union and Trade Dispute Chapter 6: Registration of Trade Unions Chapter 7: Members Office Holders and Outsiders in Trade Unions Chapter8: Trade Union Finances and Funds Chapter 9: Privileges of Registered Trade Unions Chapter 10: Recognition of Trade Unions Chapter 11: Collective Bargaining Chapter 12: Unfair Labour Practices and Victimizations Part III: Industrial Disputes Act, 1947 Chapter 13: Industrial Disputes Act: Contextual Framework Chapter 14: Concept and Scope of Industrial Dispute and Individual Dispute Chapter 15: Arena of Interaction and Participants in Industrial Disputes Chapter 16: Workmen Chapter 17: Settlement of Industrial Disputes Chapter 18: Powers of the Appropriate Governments Chapter 19: Instruments of Economic Coercion Chapter 20: Lay-off, Retrenchment Transfer and Closure Chapter 21: Discharge and Dismissal Chapter 22: Management’s Prerogative during the Pendency of Proceedings Part IV: Standing Orders Chapter 23: Contextual Framework of the Industrial Employment (Standing Orders) Act, 1946 Chapter 24: Scope and Coverage of the Industrial Employment (Standing Orders) Act, 1946 Chapter 25: Concept and Nature of Standing Orders Chapter 26: Certification Process---Its Operation and Binding Effect Chapter 27: Modification and Temporary Application of Model Standing Orders Chapter 28: Interpretation and Enforcement of Standing Orders Chapter 29: Role of the Government under the IESOA Part V: Workers Participation in Management Chapter 30: Workers Participation in Management