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Study Collective Bargaining LL.M Subject

COLLECTIVE BARGAINING
Objectives of the course
In a rapidly industrializing country like India, balancing the
conflicting interests in the industrial sector is necessary for the sustainable
growth of economy. It is conspicuous that the social, economic and political
forces influence the process of collective bargaining in more ways than one.
Conversely, the process makes a great impact upon many factors of our
socio economic system. Necessarily, norms and standards are to be evolved
in order to bring our industrial peace. The limits, the scope and the
conceptual dimensions of collective bargaining have to be learned in a
detailed manner and with comparative emphasis wherever possible.
The following syllabus prepared with these perspectives will be
spread over a period of one year.
Subject :
1. Freedom of Organization And Certain Key Concepts
1.1 Definitions: "Trade Union", "Trade Dispute" Kinds of Trade
Disputes T.U. Act, 1926 and "Industry", "Industrial Dispute"
I.D. Act, 1947 Comparison in the light of relevant case law

1.2 "Trade Unionism" Essence of Reference to the Preamble of
the Indian Constitution and the relevant Directive Principles of
State Policy.
1.3. Trade Union Objects Methods adopted by Trade Unions for
accomplishing their objects.
1.4 International norms: Right to Association of industrial and
unorganized labour. Right to Association Indian Perspectives:
Constitutional and legal aspects Art. 19 (1) (c), case law
discussing whether the Right to form a Union carries with it the
concomitant rights to Recognition, Collective Bargaining and
strike.
2. Trade Unions: Historical Perspectives
2.1 A brief history of the British Trade Union Movement to
highlight the travails of Trade Unions in the Laissez faire era,
with reference to landmark decisions of the English courts
2.2 History of the Indian Trade Union Movement Major Trade
Union federations in India, their objects and political
affiliations Political fund of Trade Unions
2.3 Registration of Trade Unions Cancellation/Withdrawal of
Registration certificate Relevant case law
2.4 Rule Book of Trade Unions: Importance of and judicial
interpretations bearing upon Rule Book
3. Advantages of Registered Trade Unions
3.1 Trade Union Immunities case law/ a critical evaluation under
The Trade Unions Act, 1926.

4. Collective Bargaining: Conceptual and Procedural
Issues.
4.1 Collective Bargaining Concept Meaning, methodological
aspects and a comparative appraisal.
4.2 Collective Bargaining vis a vis Compulsory Adjudication.
4.3 Bargaining Power Tactics/Methods employed by Trade
Unions/ Employees to increase their Bargaining Power.
4.4 Factors that promote Collective Bargaining and that hinder
Collective Bargaining.
4.5 Subject matter of Collective Bargaining Levels of Bargaining
(Plants, Industry & National)
4.6 Enforceability of Collective Bargaining Agreements Indian,
English and American Position.
5. Legal Control of Collective Bargaining Endeavours.
5.1 Strike (pen down, tool down, go slow, work to rule, stay in, sit
in, picketing).
5.2 Gherao.
5.3 Lock out.
6. Factors Affecting on Collective Bargaining
6.1 Problems of Trade Unions Union Finance Outsider problem
Union Privileges (Inter Union & Intra Union Rivalries)
Trade Unions & Politics Recognition of Trade Unions
(Maharashtra Laws) Economic Implications of Collective
Bargaining.

7. Economics Implications of Collective Bargaining
7.1 Impact of New Economic Policy on Trade Union Activities
Wage policy, work discipline, National income and profit.






LLM Subjects


WAGES
AGRICULTURAL LABOUR
COLLECTIVE BARGAINING
COLLECTIVE VIOLENCE AND CRIMINAL JUSTICE SYSTEM
COMPARATIVE CRIMINAL PROCEDURE
CONSTITUTIONALISM PLURALISM AND FEDERALISM
DRUG ADDICTION CRIMINAL JUSTICE AND HUMAN RIGHTS
HUMAN RIGHTS
INDUSTRIAL ADJUDICATION
JUDICIAL PROCESS
JUVENILE DELINQUENCY
LAW AND SOCIAL TRANSFORMATION IN INDIA
LAW RELATING TO CIVIL SERVANTS
LEGAL EDUCATION AND RESEARCH METHODOLOGY
MASS MEDIA LAW
NATIONAL SECURITY PUBLIC ORDER AND RULE OF LAW
PENOLOGY TREATMENT OF OFFENDERS
PRIVILEGED CLASS DEVIANCE
PUBLIC UTILITIES LAW
SOCIAL SECURITIES LAW
UNION STATE FINANCIAL RELATIONS












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