SERVICE LAW

The word ‘Servant’ in our legal nomenclature, has a broad significance, and embraces all persons of whatever rank or position who are in the employment and subject to the direction or control of another in any department of labour or business. An ancient legal treatise laid down a test of an ideal employer and employee, whereby fixation of adequate wages, fair treatment of employees as also duty and loyalty of employees in turn would all ensure better employer-employee relationship.

The Appropriate Authorities under Rules, as invested with the duty to pass orders and a fortiori those in the higher echelons of authority, whereby affecting the rights of service class must always observe basic tenets of principles of natural justice. But more often than not, such authorities, while discharging their duties fail to observe these principles and other obligations as laid down under the Constitution, thus breeding dissatisfaction amongst the employees and resultant disputes.

Service Law is a strong arm of the firm’s practice. TUSHARCONS LEGAL’S team undertakes all aspects of litigation concerning service law and has represented numerous clients in varied cases of multi-facetednature.

We offer consultation and advice on all kinds of service matters viz. :

• Classification of services
• Recruitment, Selection and Training
• Appointment, Probation and Confirmation
• Constitutional and Legal protections
• Suspension, subsistence and departmentalenquiries
• Service benefits, obligations andrestrictions
• Misconduct and Penalties
• Remedies
• Procedure and Jurisdiction etc.