Service Law

Service / Employment Law

In India, Service law refers to all the rules, regulations, and legal provisions related to employment and service in the government sector. There are many provisions by law to ensure fair and just terms of service. 

They aim to protect the rights and interests of the employees as a whole and as individuals. The Constitution of India guarantees certain rights such as the right to equality and the right to work with dignity. Apart from these, there are many other laws that govern the recruitment, transfer, promotion, and retirement of employees.

All India Services Act, 1951
The two all-India services are the Indian Administrative Service and Indian Police Service. The All-India Service Act has conditions of service and rules to regulate the recruitment of these services. The Constitution also allows the Parliament to regulate these laws.
Industrial Disputes Act, 1947
This act deals with provisions to investigate and settle industrial disputes. The industry in this case is under the governance of the central government or railways. The said disputes could be between the workers and higher authorities or between the workers.

There is a proper hierarchy in place to resolve industrial disputes. The Act states that the government may put in place a conciliation officer, a board of conciliation, and a court of inquiry within the industrial council. The next level is the labor court which has an authority who has been a judge in the High Court. The concerned government may establish Tribunals or industrial courts for the mediation of disputes. The central government can hold a National Council for the settlement of industrial disputes. Tribunals and national councils are also led by a High court judge.
Kerala State and Subordinates Services Rules, 1958
Kerala State & Subordinate Service Rules (KS & SSR) 1958 is created by invoking Art. 309 of the Constitution. Later, these rules were validated under Section 3 of the Kerala Public Services Act, 1968.  Kerala Public Services Act-This act regulates the appointment and conditions of public service.
Other Laws
The Miscellaneous laws such as the Industrial Employment Act of 1946, the Payment Gratuity Act of 1972, the Minimum Wages Act, and the Employees’ Provident Funds and Miscellaneous Provisions Act of 1952 deal with laws concerning employment contracts, benefits, payment of gratuity and provident funds, and other such important terms and conditions.
Grounds for Service Law Disputes<
There could be several areas of disputes under the service law. Some of these are mentioned here:
  • Illegal terminations on account of caste, age, gender, maternity status, etc.
  • Lay off.
  • Illegal Transfer
  • Unequal pay
  • Nonpayment of salary due, pension, gratuity, or provident fund
  • Bonded labor
  • Exploitation or harassment at work
  • Internal disputes
The Supreme Court of India, through its judgments, establishes new interpretations of labor laws. Therefore, these laws and legal provisions for employees keep changing with time. In cases where an employee has grievances related to service law, it is best to take advice from a lawyer who can handle the dispute in accordance with the existing rules and the latest Supreme Court judgments. They help you to approach the Kerala Administrative Tribunal or the High Court of Kerala.
Employee Welfare
The welfare of employees whether in government services or otherwise is very important in our country. The service laws strive to uphold the rights guaranteed in the Indian Constitution. These govern the employment and service conditions of government employees at the state and central levels. There are several levels of dispute redressal tribunals and courts to help employees seek justice.
Do you want to know more about your dispute with your employer,
call us at +91 9847257555.