Bibliographic record and links to related information available from the Library of Congress catalog.
Note: Contents data are machine generated based on pre-publication provided by the publisher. Contents may have variations from the printed book or be incomplete or contain other coding.
CONTENTS List of Cases Foreword by Justice V.R. Krishna Iyer Preface 1 INTRODUCTION 2 INDUSTRIAL JURISPRUDENCE * Introduction * Purpose of the Industrial Disputes Act, 1947 * The Constitution and Labour Philosophy * Interpretation of Labour Statutes: The Constitutional Values * The Binding Nature of Decisions of the Superior Courts * The Role of English Law as Precedent * Powers of the High Court under Article 226 of the Constitution 3 THRESHOLD PART ISSUES UNDER THE INDUSTRIAL DISPUTES ACT, 1947 * The Definition of Industry * The Definition of Workman * The Definition of Industrial Dispute * The Definition of ¿Award¿ and its Scope * The Meaning and Scope of ¿Undertaking¿ under the Industrial Disputes Act, 1947 4 COLLECTIVE BARGAINING AGREEMENT ISSUES * The Far-Reaching Impact of Nullifying Settlements * Wages while on Strike * The Legality of Strikes * The Scope and Coverage of Settlements under the Industrial Disputes Act, 1947 * The Force of a Settlement under the Industrial Disputes Act, 1947, as against the Provisions of the General Statute: The Rule * Termination of Settlements: The Legality 5 MAHARASHTRA (RECOGNITION OF TRADE UNIONS AND PREVENTION OF UNFAIR LABOUR PRACTICES) ACT, 1972 * The Recognition of Trade Unions: Procedural Requirements 6 THE GOVERNMENT¿S POWER OF REFERENCE OF INDUSTRIAL DISPUTES * When is the Second Reference Valid? * The Nature of Power Conferred on the Appropriate Government under Section 10 (1) of the Act * The Scope of Reference under Section 10(1) * The Precise Scope of Section 10(3) 7 INDUSTRIAL ADJUDICATION: THE CONCEPT * The Concept of ¿Tribunal¿ * Interference with the Tribunal¿s Award * Powers of the Labour Court to Give Appropriate Relief to a Dismissed Workman under Second Schedule, Item I of the Act * Powers of the Labour Court to Give Appropriate Relief to Laid-off Workmen where Chapters VA and VB of the Industrial Disputes Act, 1947, have no Application * The Power of Tribunals to Scrutinise the Employer¿s Action under Section 33(2) * The Discharge of a Workman During the Pendency of the Proceedings and the Powers of the Labour Court to Provide Appropriate Relief * Findings of the Labour Court with Respect to Relief for a Dismissed Workman * The Rigidity of the Tribunal in Extending Equal Benefits to the Same Class of Workmen: Validity * The Findings of the Labour Court: Validity * Awarding Benefits to Workmen Who are Not Parties to the Settlement: Validity * The Role of the Supreme Court in Interfering with Respect to an Appeal against the Award * Illegal Termination: The Remedy 8 VOLUNTARY ARBITRATION AS A MECHANISM FOR DISPUTE SETTLEMENT * When can an Arbitration Award be Set Aside? * Arbitrators¿ Ruling over the Justifiability of Mass Termination by the Employer on Account of Illegal Strike: Interference When Justified 9 INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 * Service Conditions: The Scope of Standing Orders * Modification of Standing Orders: The Views of the Supreme Court 10 CHANGE OF SERVICE CONDITIONS: RESTRICTIONS ON THE FREEDOM OF THE EMPLOYER * Notice of Change Exclusively under Section 9A * Pendency of Proceedings before the Conciliation Officer: Duties under Section 33(1) (a) * Termination During Pendency of Proceedings: Validity * The Role of the Labour Court or Tribunal in Adjudicating Matters under Section 33 (2) and 33 (3) * Application for Approval of an Act of Dismissal for Misconduct: The Scope for Interference * Action Amounting to Change of Conditions of Service During the Pendency of the Proceedings:The Amount of Relief 11 DISCIPLINARY PROCEEDINGS * Reopening of Disciplinary Proceedings: The Rule * Cases where the Act of Misconduct is not so serious: The Relief * Termination on the Ground of Loss of Confidence: Discharge Simpliciter or Discharge for Misconduct * Mass Termination without Enquiry: The Approach 12 LAY-OFF AND RETRENCHMENT * The Law Relating to Retrenchment * Closure and Retrenchment: The Distinction * The Definition of Retrenchment under Section 2(oo) * The Definition of Retrenchment under the Payment of Gratuity Act, 1972: Interpretation * The Scope of ¿Retrenchment¿ that Includes All Kinds of Termination. * The Procedure for Retrenchment: The Approach 13 LABOUR EMPLOYED THROUGH MIDDLEMEN: THEIR RIGHTS * The Entitlement of Contract Labour to be Absorbed as Regular Employees 14 WAGES AND MONETARY BENEFITS * Payment of Tips to Hotel Staff: Whether a part of the Dearness Allowance * Running Allowance: Whether Wages * Grant of Additional Dearness Allowances: Principles for Consideration * Interpretation of an Industrial Truce Agreement Relating to Wage Structure: The Approach * Computation of Dearness Allowance: Validity * Adjusting Payment of Customary Bonus under the Statute: The Guiding Principles * Effects of Agreements which are Inconsistent with the Payment of Bonus Act, 1965: The Interpretation * Constitutional Validity of Section 10 of the Payment of Bonus Act, 1965 * Applicability of the Payment of Bonus Act, 1965: the Scope of Section 32(5) (c) * Veracity of the Balance Sheet: Powers of the Tribunal 15 SOCIAL SECURITY AND WELFARE * Employees¿ State Insurance Act, 1948: Applicability * Computation of Maternity Benefit under the Maternity Benefit Act, 1961 * The Employees Provident Fund and Miscellaneous Provisions Act, 1952: Interpretation of Section 14B * The Payment of Gratuity Act, 1972: Applicability * Principles to be Followed in Framing a Scheme of Gratuity by the Industrial Tribunal under Schedule 3 Item 5 of the Industrial Disputes Act, 1947 Bibliography Index About the Authors
Library of Congress Subject Headings for this publication:
Labor laws and legislation -- India.
Krishna Iyer, V. R., 1915-.
Judicial power -- India.
Judges -- India.
Labor courts -- India.