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Everybody needs a job to earn money to fulfill their social and familial responsibilities. Therefore, each person works in the public or private sector according to his or her qualifications, abilities, and eligibility.
To regulate businesses and employees, the Parliament and state legislatures created several service laws. Since many people are working in this industry, disagreements between employers and employees are common.
INTRODUCTION
As an employer or employee, you need to understand the definition of service matters that is provided under the Administrative Tribunal Act, 1985. It defines the service matter as “all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation [or society] owned or controlled by the Government, as respects
- Remuneration (including allowances), pension and other retirement benefits;
- Tenure including confirmation, seniority, promotion, reversion, premature retirement, and superannuation
- Leave of any kind
- Disciplinary matters; or
- Any other matter whatsoever;”
TYPES OF DISPUTES
There are many categories of disputes between employees and employers. These disagreements may involve issues with seniority, promotions, appointments, and disciplinary actions. If the client is facing any of the mentioned disputes, then they can approach the experienced lawyer for guidance:
- Service termination without a disciplinary investigation
- Issues Concerning All-India Services
- Issues about the Union’s operations
- Issues about a person’s seniority, appointment, promotion, and selection
- Issues about a person’s disciplinary actions
- Disputes related to professional negligence
- Disputes over unpaid bills, etc.
JURISDICTION OF SERVICE MATTERS
The High Court and the Supreme Court both have the authority to make orders or writs to enforce basic rights. Thus, a client through an experienced lawyer can visit the High Court and Supreme Court to defend their fundamental rights as provided by the Indian Constitution and may file a Writ Petition before the Supreme Court of India under Article 32 of the Constitution.
Only in the aforementioned circumstances may an individual file a direct appeal with the Supreme Court of India. A federal servant has the right to file a direct appeal with the Supreme Court if his terms of service violate any fundamental rights.
Otherwise, if the State or any entity that may be referred to as a State violates their statutory rights or natural justice rights, they may file a Writ Petition under 226 of the Indian Constitution to the High Court in the first instance, and then appeal to the Supreme Court if they disagree with the High Court’s ruling under Articles 132, 133, or 136 of the Constitution.
Here we represent both, employees and employers before every legal and departmental Forum. We represent at Rajasthan Appellate Tribunal Central Administrative Tribunal, RNGEIT, Arm force Tribunal, High Court, and Supreme Court.
When faced with litigation, we work efficiently and effectively to find cost-effective solutions for our client’s problems. We seek every opportunity for early termination of lawsuits, but when forced into the courthouse our highly experienced and dedicated attorneys vigorously fight for our clients. Whether we are representing employers or employees, we are committed to providing effective, yet efficient representation. We are committed to using the full breadth of our knowledge, experience, and expertise to secure a positive resolution of every case, whether it involves an individual or a class of thousands.
Amicus Publico LLP
Amicus Publico is a full service law firm since 2007, and it’s been converted into LLP. Since 2007 we are providing legal services for individuals as well as for a Company/Firm, who face any kind of legal hurdles, falling under any field of law.
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