Dispute Resolution | Navigating Complex Legal Issues

Service & Labour Law - Prashant Shukla Law Chambers Practice Area

Civil Law, Practice Areas

What Is Service Law?

Service Law covers the rules and regulations that govern employment in government and public sector organisations. It deals with matters such as recruitment, appointments, promotions, pay, disciplinary proceedings, transfers, regularisation of service, and termination of employment. Government employees who feel they have been unfairly treated can challenge decisions through Service Tribunals, High Courts, or the Supreme Court.

What Is Labour Law?

Labour Law governs the relationship between employers and workers in the private sector. It aims to protect workers from exploitation and ensure fair working conditions. It covers areas such as minimum wages, working hours, safety at the workplace, termination of employment, trade union rights, and resolution of industrial disputes.

Key Rights of Employees

Right to receive minimum wages as prescribed by law
Right to safe and healthy working conditions
Protection against arbitrary or wrongful termination
Right to form and join trade unions
Right to maternity benefits (for women employees)
Right to gratuity after completing a minimum period of service
Right to file a complaint against workplace harassment
Right to provident fund and other statutory benefits

Key Laws Governing This Area

Industrial Disputes Act, 1947
Minimum Wages Act, 1948
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
Payment of Gratuity Act, 1972
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Code on Wages, 2019
Central Administrative Tribunal Act, 1985 (for government employees)

Frequently Asked Questions

Q1. What is the difference between service law and labour law?

Service law mainly applies to government and public sector employees and deals with their service conditions under government rules. Labour law applies to workers in private and commercial establishments.

Q2. Can wrongful termination be challenged?

Yes. An employee who has been unfairly or illegally dismissed can approach the appropriate Labour Court, Industrial Tribunal, or Service Tribunal for reinstatement, back wages, or other relief.

Q3. What is an industrial dispute?

An industrial dispute is a disagreement between an employer and employees (or their union) regarding wages, working conditions, dismissal, or other service-related matters. It can be resolved through conciliation, arbitration, or adjudication by a Labour Court or Tribunal.

Q4. What should an employee do if facing harassment at the workplace?

An employee facing harassment, especially sexual harassment, should file a complaint with the Internal Complaints Committee (ICC) of their organisation. If none exists, a complaint can be filed with the Local Complaints Committee set up by the district administration.

Q5. Are employers legally required to pay provident fund contributions?

Yes. Employers covered under the Employees’ Provident Funds Act are legally required to deduct and deposit PF contributions for eligible employees.