LLB | SEM 3
SEM 3 | Revision UNIT 1 to UNIT 6 | Labour Law I
LLB | SEM 3
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SEM 3 – Jurisprudence
Unit I - Introduction
• 1.1 Nature, Scope, Content and Utility of Jurisprudence
• 1.2 Purpose of Law
• 1.3 Indian Concept of Dharma
Unit II - Schools of Jurisprudence
• 2.1 Analytical School
◦ 2.1.1 Bentham's views on 'Law' and Legal Positivism
◦ 2.1.2 Austin's Analytical Positivism
◦ 2.1.3 Hart's views on Law and morality
◦ 2.1.4 Kelson's theory of Pure Science of Law
◦ 2.1.5 Analytical Positivism – Indian Perspective
• 2.2 Historical School
◦ 2.2.1 Savigny's theory
◦ 2.2.2 Sir Henry Maine's theory
◦ 2.2.3 Indian Perspective
Unit III - Theories and Schools of Jurisprudence
• 3.1 Natural Law Theory
◦ 3.1.1 Characteristics of Natural Law Theory
◦ 3.1.2 Historical Evolution
◦ 3.1.3 Critical Appraisal of Natural Law Theory
• 3.2 Sociological School
◦ 3.2.1 Developmental stages of Sociological Jurisprudence
◦ 3.2.2 Exponents of Sociological Jurisprudence
◦ 3.2.3 Roscoe Pound's theory of Social Engineering
◦ 3.2.4 Social Justice – Indian Perspective
• 3.3 Realist School
◦ 3.3.1 Basic features of Realist school
◦ 3.3.2 Scandinavian Legal Realism
◦ 3.3.3 Realism in the Indian Context
Unit IV - Administration of Justice
• 4.1 Concept of Justice
◦ 4.1.1 Civil and Criminal Justice
◦ 4.1.2 Advantages and Disadvantages of Administration of Justice
• 4.2 Theories of Punishment
• 4.3 Forms of Punishment
• 4.4 Administration of Social Justice
Unit V - Sources of Law
• 5.1 Custom as a source of Law
◦ 5.1.1 Meaning, Kinds of Custom
◦ 5.1.2 Requisites of a valid custom
• 5.2 Legislation as a source of Law
◦ 5.2.1 Meaning, Kinds of Legislation
◦ 5.2.2 Interpretation, Kinds of Interpretation
◦ 5.2.3 General rules of Interpretation
• 5.3 Precedent as a source of Law
◦ 5.3.1 Nature of Precedent, Kinds of Precedent
◦ 5.3.2 Ratio decidendi, Obiter dicta, Doctrine of stare decisis, over ruling
• 5.4 Other Sources of Law
◦ 5.4.1 Religion, Digests, Equity
Unit VI - Judicial Concepts and Jural Analysis
• 6.1 Legal Rights and Duties
◦ 6.1.1 Classification of Rights and Duties
◦ 6.1.2 Theories of Legal Rights, Essential elements of Legal Right
◦ 6.1.3 Legal Rights and other related concepts
• 6.2 Possession
◦ 6.2.1 Nature and meaning of Possession, Elements of Possession
◦ 6.2.2 Kinds of Possession, Mode of Acquisition of Possession
• 6.3 Ownership
◦ 6.3.1 Legal Incidents of Ownership, Kinds of Ownership
◦ 6.3.2 Subject matter of Ownership, Ownership and Ancient Indian Law
◦ 6.3.3 Mode of Acquisition of Ownership
• 6.4 Legal Personality
◦ 6.4.1 Definition of Legal Person, status of Unborn Person
◦ 6.4.2 Status of Dead Man, Status of Animals, Corporate Personality
• 6.5 Liability
◦ 6.5.1 Kinds of Liability
◦ 6.5.2 Liability
Unit 1 — The Gujarat Land Revenue Code
• 1.1 Definitions
• 1.2 Constitution and power of Revenue Officers
• 1.3 Section 4, 7, 7A, 8, 8A, 9, 10, 12, 12A, 17
• 1.4 Land and Land Revenue — Section 37, 37A, 38, 39, 39A, 40, 41, 42, 43, 44, 45 to 52, 55, 56, 57
Unit 2 — Of the Grant, Use and Relinquishment of Unalienated Land (The Gujarat Land Revenue Code)
• 2.1 Section 60, 61, 62, 65, 65A, 65B, 66, 67, 69, 69A
Unit 3 — The Gujarat Land Revenue Code
• 3.1 Section 73, 73A, 73AA, 73AB, 73AC, 73AD, 73B, 79A
• 3.2 Records of Rights: 135A to 135L
• 3.3 Procedure of Revenue Officers: Section 188 to 202
• 3.4 Appeals and Revision — Section 203 to 211
Unit 4 — The Gujarat Tenancy & Agricultural Lands Act, 1948
• 4.1 History, Introduction, Needs
• 4.2 Definitions, Persons to be tenants, Protected Tenants, Ceiling Area, Economic Holding, Irrigated Land, Rents and its Maximum and Minimum
• 4.3 Section 9, 9A, 9B, 9C, 10, 10A — Suspension or Remission of Rent, Termination of Tenancy for default of tenant, Surrender of tenancy
Unit 5 — The Gujarat Tenancy & Agricultural Lands Act, 1948
• 5.1 Bar to eviction from Dwelling House, Tenants Rights to trees planted by him, Tenant rights to produce naturally growing grass, Termination of Tenancy for personal cultivation and Non Agricultural uses/purposes — Section 31 to 31D, Transfer of Non Agriculturist Barred
• 5.2 Construction of water course through land belonging to other person (Chapter VA)
• 5.3 Appeal and Revision, Revision Power of collector, Limitations, Disposal of land transfers or acquisition of which is invalid
Unit 6 — The Right to Fair Compensation and Transparency Land Acquisition, Rehabilitation and Resettlement Act, 2013
• 6.1 Purposes, Need, Applicability of Act
• 6.2 Definitions
• 6.3 Determination of Social Impact and Public Purpose (Section 4)
• 6.4 Public Hearing for Social Impact (Section 5)
• 6.5 Publication of Social Impact (Section 6), Appraisal of Social Impact Assessment Report by an Expert Group
• 6.6 Publication of Preliminary Notification and Acquisition (Section 11 to 30), Reference & establishment authority
• 6.7 Rehabilitation and Resettlement Award (Section 31 to 42)
• 6.8 Procedure and Manner of Rehabilitation and Resettlement (Section 43 to 47)
• 6.1.1 The Gujarat Prevention of Fragmentation and Consolidation of Holding Act, 1947:
◦ 6.1.2 Object
◦ 6.1.3 Definitions
◦ 6.1.4 Determination of Local areas
◦ 6.1.5 Settlement of and determination of Standard areas — Sections 6 to 14
◦ 6.1.6 Scheme of Consolidation of holdings — Section 15 to 30
Unit 1 — Muslim Personal Law
• 1.1 Introduction
• 1.2 Who is Muslim? Application of Muslim Law
• 1.3 Schools of Muslim Law
• 1.4 Sources of Muslim Law
• 1.5 Marriage
Unit 2 — Muslim Law
• 2.1 Mahr (Dower)
• 2.2 Dissolution of Marriage (Nikah) and Matrimonial reliefs
• 2.3 Parentage — Illegitimate and Legitimate Children
• 2.4 Guardian-ship and Hizanat
• 2.5 Maintenance
Unit 3 — Muslim Law
• 3.1 Hiba (Gift) and Marz-Ul-Maut Gift and Acknowledgment
• 3.2 Succession
◦ (a) General Principles
◦ (b) Principles of Succession
◦ (c) Doctrine of representation and stripital Succession
◦ (d) Doctrine of Aul and Radd
• 3.3 Shuffa (Pre-Emption)
• 3.4 Wasiyat (Will)
• 3.5 Waqf
Unit 4 — Indian Succession Act 1925 (with latest Amendments)
• 4.1 Object of the Act
• 4.2 Domicile
• 4.3 Wills and Codicils
• 4.4 To make Will — Fraud, Coercion
• 4.5 Execution of Unprivileged Will
• 4.6 Execution of Privileged Will
• 4.7 Attestation, Revocation, Alteration and Revival of Will
• 4.8 Construction of Wills
• 4.9 Void Bequests
• 4.10 Onerous Bequests
• 4.11 Condition Bequests
• 4.12 Contingent Bequests
• 4.13 Specific Legacies
• 4.14 Demonstrative Legalese
• 4.15 Ad Emption of Legacies
• 4.16 Gifts in contemplation of death
Unit 5 — Indian Divorce Act 1869 (with latest Amendment)
• 5.1 Object of the Act
• 5.2 Dissolution of Marriage
• 5.3 Nullity of Marriage
• 5.4 Judicial Separation
• 5.5 Reversal of Decree of separation
• 5.6 Protection of Orders
• 5.7 Restitution of conjugal rights
• 5.8 Damages and Costs
• 5.9 Alimony
• 5.10 Settlements
• 5.11 Custody of Children
• 5.12 Liberties to Parties to marry again (Remarriage)
Unit 6 — Personal Laws Governing to Parsees and Christians
• 6.1 Object of the Act
• 6.2 Parsi Marriage and Divorce Act 1936 (Amendment 1988)
• 6.3 Civil Marriage (Special Marriage Act 1954)
• 6.4 Article 44 of the Indian Constitution (Uniform Civil Code)
• 6.5 Remedies available to the parties
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)
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:
Works Committee: Internal (100+ workers).
Conciliation Officer: Government mediator (Talks).
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.
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:
Definitions: Always start with the Section number for definitions (e.g., “Workman” is 2(s)).
Comparative Tables: If you get a question on Lay-off vs. Retrenchment, draw a table. It shows you know the technical differences.
Natural Justice: For any disciplinary action/firing, always mention that a “Domestic Enquiry” must follow the Principles of Natural Justice (Hearing both sides).