000			06519nam a2200181Ia 4500
020			_a8178296780
082			_a344.01 _bBAB
100			_aBabu, I. Sharath _942917
245			_aSocial justice and labour jurisprudence : justice V.R.Krishna Iyer's contributions _hBook
260			_aNew Delhi,Los Angeles etc _bSage Pub. _c2007
300			_a573,iip.
500			_aContents List of Cases 8 Foreword by Justice V.R. Krishna lyer 36 Preface 39 1 Introduction 43 oLabour Issues-Attitude of the Judiciary of Late 45 2 Industrial Jurisprudence 50 oIntroduction 50 oPurpose of the Industrial Disputes Act, 1947 52 oThe Constitution and Labour Philosophy 53 oInterpretation of Labour Statutes: The Constitutional Values 55 oThe Binding Nature of Decisions of the Superior Courts 57 oThe Role of English Law as Precedent 58 oPowers of the High Courts under Article 226 of the Constitution 58 3 Threshold Part Issues under the Industrial Disputes Act, 1947 60 oThe Definition of 'Industry' 60 oThe Definition of 'Workman' 132 oThe Definition of 'Industrial Dispute' 135 oThe Definition of'Award'and its Scope 138 oThe Meaning and Scope of 'Undertaking' under the 141 Industrial Disputes Act, 1947 4 Collective Bargaining Agreement Issues 151 oThe Far-reaching Impact of Nullifying Settlements 152 oWages for Strike Period 158 oThe Legality of Strikes 160 oThe Scope and Coverage of Settlements under the 171 Industrial Disputes Act, 1947 oThe Force of a Settlement under the Industrial Disputes Act, 1947, 178 as against the Provisions of the General Statute: The Rule oTermination of Settlements: The Legality 231 5 Maharashtra (Recognition of Trade Unions and Prevention of 240 Unfair Labour Practices) Act, 1972 oThe Recognition of Trade Unions: Procedural Requirements 240 6 The Government's Power of Reference of Industrial Disputes 244 oWhen is the Second Reference Valid? 244 o Social Justice ana Laoour jurisprudence oThe Nature of Power Conferred on the Appropriate 250 Government under Section 10(1) of the Act o The Scope of the Power of Reference under Section 10(1) 254 o The Precise Scope of Section 10(3) 260 7 Industrial Adjudication: The Concept ' 263 o The Concept of 'Tribunal' 263 o Interference with the Tribunal's Award 263 o Powers of the Labour Court to Give Appropriate Relief to a 265 Dismissed Workman under Schedule II, Item I of the Act o Powers of the Labour Court to Give Appropriate Relief to 271 Laid-off Workmen where Chapters VA and VB of the Industrial Disputes Act, 1947, Have No Application o The Power of Tribunals to Scrutinise the Employer's Action under 277 Section 33(2) o The Discharge of a Workman during the Pendency of the Proceedings 283 and the Powers of the Labour Court to Provide Appropriate Relief o Findings of the Labour Court with Respect to Relief for a 284 Dismissed Workman oThe Rigidity of the Tribunals in Extending Equal Benefits to the 290 Same Class of Workmen: Validity o The Findings of the Labour Court: Validity 291 oAwarding Benefits to Workmen who are not Parties 292 to the Settlement: Validity oThe Role of the Supreme Court in Interfering with Respect to an 294 Appeal against the Award o Illegal Termination: The Remedy 301 8 Voluntary Arbitration as a Mechanism for Dispute Settlement 307 oWhen Can an Arbitration Award be Set Aside? 307 oArbitrators' Ruling over the Justifiability of Mass Termination by the 317 Employer on Account of Illegal Strike: Interference when Justified 9 Industrial Employment (Standing Orders) Act, 1946 361 o Service Conditions: The Scope of the Standing Orders Act 361 o Modification of Standing Orders: The Views of the Supreme Court 369 10 Change of Service Conditions: Restrictions on the Freedom of the Employer 372 o Notice of Change Exclusively under Section 9A 372 o Pendency of Proceedings before the Conciliation Officer: 378 Duties under Section 33(l)(a) o Termination during Pendency of Proceedings: Validity 379 o The Role of the Labour Court or Tribunal in Adjudicating Matters 384 under Sections 33(2) and 33(3) oApplication for Approval of an Act of Dismissal for Misconduct: 388 The Scope for Interference oAction Amounting to Change of Conditions of Service during 402 Pendency of the Proceedings: The Amount of Relief Contents 7 11 Disciplinary Proceedings ' 409 oReopening of Disciplinary Proceedings: The Rule 410 oCases where the Act of Misconduct is Not So Serious: The Relief 411 oTermination on Grounds of Loss of Confidence: Discharge Simpliciter 412 or Discharge for Misconduct oMass Termination without Enquiry: The Approach 418 12 Lay-off and Retrenchment ,v 458 o The Law Relating to Retrenchment I o 458 o Closure and Retrenchment: The Distinction'o 464 o The Definition of Retrenchment under Section 2(oo) 468 o The Definition of Retrenchment under the Payment of 472 Gratuity Act, 1972: Interpretation o The Scope of'Retrenchment'that Includes All Kinds of Termination 476 o The Procedure for Retrenchment: The Approach 480 13 Labour Employed through Middlemen-their Rights 486 oThe Entitlement of Contract Labour to be Absorbed 486 as Regular Employees 14 Wages and Monetary Benefits 490 oPayment of Tips to Hotel Staff: Whether a Part of the Dearness Allowance 490 oRunning Allowance: Whether Wages 491 oGrant of Additional Dearness Allowances: Principles for Consideration 497 oInterpretation of an Industrial Truce Agreement Relating to 500 Wage Structure: The Approach oComputation of Dearness Allowance: Validity 503 oAdjusting Payment of Customary Bonus under the Statute: 506 The Guiding Principles oEffects of Agreements which are Inconsistent with the Payment of 520 Bonus Act, 1965: The Interpretation oConstitutional Validity of Section 10 of the Payment of Bonus Act, 1965 529 oApplicability of the Payment of Bonus Act, 1965: The Scope of 530 Section 32(5)(c) oVeracity of the Balance Sheet: Powers of the Tribunal 531 15 Social Security and Welfare ; 536 oEmployees'State Insurance Act, 1948: Applicability 536 oComputation of Maternity Benefit under the Maternity Benefit Act, 1961 541 oThe Employees Provident Fund and Miscellaneous Provisions Act, 1952: 547 Interpretation of Section 14B oThe Payment of Gratuity Act, 1972: Applicability 561 oPrinciples to be Followed in Framing a Scheme of Gratuity 565 by the Industrial Tribunal under Schedule 3, Item 5 of the Industrial Disputes Act, 1947 About the Authors f'574
600			_942770
700			_aShetty, Rashmi _942918
890			_aIndia
891			_aFP
942			_2ddc
999			_c30945 _d30945