Understanding Service & Employment Law in India

Service law in India primarily refers to the rules, regulations, and legal precedents governing employment in the public sector, including central and state government employees, public sector undertakings (PSUs), autonomous bodies, educational institutions, and more.

It includes statutory service rules, constitutional protections (especially under Articles 14, 16, and 311), and judicial guidelines issued by courts and tribunals.

Employment law, on the other hand, covers private sector employment and includes issues related to labor laws, workplace safety, contracts of employment, wrongful termination, and conditions of service under acts like:

• The Industrial Disputes Act, 1947
• The Shops and Establishments Act
• The Payment of Gratuity Act, 1972
• The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
• The Factories Act, 1948
• The Code on Wages, 2019 and other recent labor codes

We assist clients in understanding and asserting their rights under these legal frameworks, while also ensuring compliance for businesses and organizations.

Our Services in Service & Employment Law

1. Service Matters for Government Employees

• Illegal Termination: Challenging arbitrary dismissal or removal from service, especially where principles of natural justice have been violated.
• Suspension & Disciplinary Proceedings: Representation in departmental inquiries, including defense against charges of misconduct and violations of conduct rules.
• Promotion Disputes: Legal action against denial or delay of promotion, favoritism, or violation of seniority norms.
• Transfer Orders: Challenging mala fide or punitive transfers that lack administrative justification.
• Seniority & Pay Fixation: Representation in disputes related to seniority lists, pay scales, grade pay, and fitment anomalies.
• Retirement Benefits: Assistance in securing pensions, gratuity, and post-retirement entitlements.

Our firm regularly appears before Central Administrative Tribunal (CAT), State Administrative Tribunals, High Courts, and the Supreme Court in such matters.

2. Constitutional Protections in Employment

• Right to Equality (Article 14)
• Right to Equal Opportunity in Employment (Article 16)
• Protection from arbitrary state action

We ensure these rights are enforced through writ petitions under Article 226 or Article 32 when necessary.

3. Labor Law Compliance & Advisory for Employers

• Drafting and vetting of employment contracts, appointment letters, and HR policies
• Advising on statutory compliance related to minimum wages, ESI, PF, bonus, leave, and termination
• Structuring retainer agreements, consultancy arrangements, and contract employment
• Legal support during internal inquiries (POSH, code of conduct violations, etc.)
• Advice during downsizing, layoffs, and retrenchment processes
• Assisting with audits and inspections by labor departments or authorities

4. Industrial Disputes and Trade Union Issues

• Industrial Disputes before Labor Commissioners and Labor Courts
• Strike and Lockout disputes
• Collective bargaining negotiations
• Settlement of disputes through conciliation or arbitration
• Handling matters involving recognition of trade unions, code of discipline, and unfair labour practices

5. Discrimination, Harassment, and Workplace Grievances

• Workplace harassment and sexual harassment (including compliance with the POSH Act)
• Discrimination based on gender, caste, religion, or disability
• Retaliation and hostile work environments
• Whistleblower protection and internal complaints

We assist both complainants and respondents during internal committee proceedings and represent clients before courts and tribunals when necessary.

6. Employment Litigation & Representation

• Civil suits for damages or recovery
• Criminal complaints in case of labour law violations or harassment
• Appeals before tribunals or higher courts
• Breach of employment contract and non-compete disputes

We also defend clients against wrongful allegations and initiate proceedings to protect reputations and enforce contracts.

7. Employment Termination & Exit Management

• Drafting severance and exit agreements
• Ensuring compliance with notice periods, final settlement, and handover
• Addressing wrongful termination claims and reputational issues
• Legal action in case of constructive dismissal, resignation under duress, or breach of contract

Our approach is to minimize risk and encourage resolution while being ready to litigate when necessary.

Why Choose Us for Employment Law Matters

• Specialized Knowledge in service law affecting public employees and employment regulations governing private enterprises
• Representation at All Forums including Tribunals, Labor Courts, High Courts, and the Supreme Court
• Dual Perspective of representing both employees and employers, ensuring nuanced understanding of every case
• End-to-End Support, from preventive legal advice to litigation and dispute resolution
• Transparent, Ethical, and Confidential handling of all sensitive workplace issues

Employment is more than just a contract—it’s a relationship governed by rights, duties, policies, and laws. Whether you're facing unlawful dismissal, battling discrimination, or looking to implement legally sound HR frameworks, we can be your trusted legal partner. Our mission is to deliver justice, compliance, and peace of mind.

Contact us today to schedule a consultation or learn more about how we can assist you in Service and Employment Law matters.