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Chapter 1 - Introduction: Industrial Law & Accounting (Hum-2231)

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INDUSTRIAL LAW & ACCOUNTING (HUM-2231)

Chapter 1 - Introduction
 Definition of Law: Law, as it is, is the command of the Sovereign. It means,

1. Law has its source in sovereign authority,


2. Law is accompanied by sanctions, and
3. The command to be a law should compel a course of conduct.

Being a command the law must flow from a determinate person or group of persons with the threat
of displeasure if it is not obeyed. Sovereignty is, however, only a part of the state. So, in the ultimate
sense, law emanates from the state. Thus the term Law is used to denote rules of conduct emanated
from and enforced by the state. People living in an organized society have to follow certain
common rules, otherwise' peaceful living is impossible. It is the function of the State to enforce
these rules.

Law is a system of rules that govern a society with the intention of maintaining social order,
upholding justice, and preventing harm to individuals’ property.

 According to Holland, Law is, "a rule of' external human action enforced by the sovereign
political authority". From this definition, it follows that there are three essential characteristics of
law.
1. Law is a rule relating to the actions of human beings.
2. Law attempts to regulate the external actions of human beings.
3. Law is enforced by the State.
 According to Salmond, "Law is the body of principles recognized and applied by the State in the
administration of justice."
 According to Woodrow Wilson, "Law is that portion of the established habit and thought of
mankind which has gained distinct and formal recognition in the shape of uniform rules backed by
the authority and power of the government." This definition is practically the same as that of
Holland.

Finally, Law is the body of principles recognized and applied by the state in the administration of
justice.

 Industrial Law: Industrial law is used to denote laws passed for the purpose of regulating the
conditions under which work is carried out in factories and other establishments and the
relationship between employers and employees. Industrial legislation has a two-fold objective:

1. The preservation of the health, safety, and welfare of workers, and


2. The maintenance of good relations between employers and employees. All lays dealing with these
matters come within the scope of industrial law.

SHOAIB ISLAM, LECTURER, DEPARTMENT OF HUMANITIES, RUET 1


INDUSTRIAL LAW & ACCOUNTING (HUM-2231)

 Labor Law: Labor law is designed to control and govern the continuous process by which workers
and employers decide the terms and conditions of employment.
 Labor Law is a set of legal forms relating to the employment relationship that defines the rights
and obligations of employees and employers.
 Labor law is an area of the law that deals with the rights of employers, employees, and labor
organizations.
 Labor law regulates matters such as labor employment, remunerations and conditions of work,
trade unions, and labor-management relations.
 It also indicates the rules and regulations that cope with an employee’s right to join a trade union,
in particular benefits of workers, conditions of leave, especially maternity leave for women
workers, and social security workers.

 Difference between Industrial Law and Labor Law:

Industrial Law Labor Law

1. Industrial law is used to denote laws passed 1. Labor law is a set of legal forms relating to
to regulate the conditions under which work is the employment relationship that defines the
carried out in factories and other rights and obligations of employees and
establishments employers

2. Industrial law is a law which is related to 2. Labor law is a law that is related to workers,
Industry employers trade unions, etc.

3. The scope of industrial Law relating to 3. The scope of labor law is the law relating to
different industries. industrial relations ordinance payment of
wages, workmen’s compensation, etc.

4. It is important for proper rules and 4. It is important for workers, and employers in
regulations of industry. industry.

5. It can include a wide range of legal topics 5. It includes the benefits of workers,
from employment law to environmental conditions of leave, and social security for
concern contracts, and industrial relations. workers.

SHOAIB ISLAM, LECTURER, DEPARTMENT OF HUMANITIES, RUET 2


INDUSTRIAL LAW & ACCOUNTING (HUM-2231)

 Why students of MSE should learn Law?


Students of Material Science and Engineering can benefit from learning law for several reasons,
despite it not being a traditional part of their curriculum. Integrating legal knowledge into their
education can enhance their understanding of the legal and ethical aspects associated with their
field. Here are some compelling reasons why students in this field should consider learning law:
1. Intellectual Property (IP) Rights: Understanding intellectual property laws, such as patents,
trademarks, and copyrights, is crucial for material scientists and engineers. It helps in protecting
their research, inventions, and innovations, ensuring they reap the benefits of their hard work and
contributions to the field.
2. Compliance and Regulations: Material scientists and engineers need to comply with various
regulations and standards related to safety, environmental impact, and quality. Having knowledge
of legal frameworks and compliance requirements helps in designing and developing materials that
meet these standards.
3. Ethical Responsibilities: Knowledge of legal and ethical principles guides material scientists and
engineers in making responsible decisions. Understanding the implications of their work on
society, environment, and health is essential to uphold ethical practices in research and
development.
4. Liability and Risk Management: Learning about liability laws and risk management is essential
to mitigate potential legal risks associated with the use and application of materials. It helps
engineers design products and processes that adhere to safety standards, minimizing legal
liabilities.
5. Contract Negotiation and Dispute Resolution: Engineers often work in multidisciplinary teams
and collaborate with various stakeholders. Understanding contract law can help in negotiating
agreements and resolving disputes effectively, ensuring fair terms and conditions for all parties
involved.
6. Communication and Collaboration: Engineers often need to communicate and collaborate with
legal professionals, government agencies, and industry stakeholders. A basic understanding of
legal concepts and terminology can facilitate effective communication and collaboration.
7. Occupational Health and Safety (OHS): Knowledge of industrial law helps students understand
the legal framework for occupational health and safety regulations in industrial settings. This
understanding is crucial to ensure the safety and well-being of workers involved in the
manufacturing processes of materials.
8. Business and Entrepreneurship: Many material scientists and engineers become entrepreneurs
or work in managerial roles. Understanding business law, contracts, and intellectual property can
be invaluable in managing their ventures efficiently and legally.

Incorporating legal education into the curriculum for material science and engineering students can
be achieved through specialized courses, workshops, or interdisciplinary collaborations with law
schools. Ultimately, this knowledge equips future engineers with a broader perspective and a more
well-rounded skill set, enhancing their ability to navigate legal and ethical complexities in their
careers.

SHOAIB ISLAM, LECTURER, DEPARTMENT OF HUMANITIES, RUET 3

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