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Service Jurisprudence

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Service Jurisprudence for HR Professionals Dr. J. K. Verma M.Sc., Ph.D., M.B.M., B.L. Advocate, Patna High Court Service Jurisprudence Introduction Jurisprudence ... – PowerPoint PPT presentation

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Title: Service Jurisprudence


1
  • Service Jurisprudence
  • for
  • HR Professionals
  • Dr. J. K. Verma
  • M.Sc., Ph.D., M.B.M., B.L.
  • Advocate, Patna High Court

2
Service JurisprudenceIntroduction
  • Jurisprudence
  • Service (employment) Elements Kinds
  • Recruitment rules and requirements in
  • different services
  • Leave, Lien
  • Determination of employment
  • Discipline need and ways and means to
  • infuse, maintain and enforce.
  • Disciplinary or departmental proceeding
  • Departmental or domestic enquiry in
    different
  • employments like Government, PSU, and
    industrial
  • Punishment
  • Natural justice
  • Judicial Review
  • Labour laws courts interpretations

3
Service or Employment
  • Employer-employee relationship
  • Contract for service or contract of service
  • Ingredients of employer-employee
  • relationship
  • Kinds of employment Government or
  • public, Industrial and private Points of
    distinction
  • Rule governing service conditions in different
  • employments Articles 309 and 310 of the
    Constitution of India Service Rules made under
    Proviso to Article 309, Standing Orders certified
    under Industrial Employment (Standing Orders)
    Act, 1946
  • Status and rights of employees under service
    rules/Standing orders
  • Workman

4
Recruitment
  • Constitutional guarantee of equality before law
    Articles 14 and 16 of the Constitution in
    Government employment Requirement of acting
    fairly and impartially
  • Employment Exchanges (Compulsory Notification of
    Vacancies) Act, 1959
  • Recruitment rules different cadres/levels
    skilled/unskilled professional/general
    promotions and
  • Recruitment to a career and fixed tenure
    recruitments
  • Illegal appointment and irregular appointment
  • Regularisation
  • Compassionate appointment
  • Ad hoc appointment
  • Daily wagers Organized and unorganized sector

5
Determination of employment
  • Retirement or superannuation
  • Pre-mature retirement
  • at the instance of employee Voluntary
    retirement, resignation
  • at the instance of the employer compulsory
    retirement, termination
  • Voluntary retirement schemes
  • Termination, removal, dismissal, compulsory
    retirement

6
Discipline
  • Definition and need
  • Ways and means to infuse, maintain and enforce
    discipline
  • Conduct Rules Misconduct
  • Punishment as a way of enforcing discipline
  • Procedures Disciplinary proceedings
  • Administrative and quasi-judicial functions
    distinction and requirements Natural justice
  • Competent authority

7
Departmental enquiry
  • Why and how
  • Scope State Article 12 Constitution of India
  • Initiation of
  • Preliminary enquiry
  • Misconduct
  • Minor and major penalties distinguishing
    features Conduct Rules

8
Departmental enquiry (Contd.)
  • Procedures for conducting departmental enquiries
  • Suspension, charge sheet, enquiry, second show
    cause
  • Punishment
  • Termination when punitive requiring
    departmental enquiry
  • Appeal, Review, Judicial remedy

9
Departmental enquiry (Contd.)
  • Natural justice meaning, historical
    development, scope and applicability speaking
    order
  • Judicial Review grounds
  • Procedural defects and infirmities
  • Violation of principles of natural justice
    prejudice Bias, mala fides, discrimination
  • Proportionality of misconduct and penalty
  • Unfair labour practice

10
Labour laws Courts interpretations
  • Industrial Disputes Act, 1947
  • Sections 2, 10, 11, 17, 18, 24, 25(B, C, E, F,
    FF, G, U), and 33
  • Employment Exchanges (Compulsory
  • Notification of Vacancies) Act, 1959
  • Sections 3, 4 and 5
  • Contract Labour (Regulation and Abolition) Act,
    1970
  • Sections 1, 7, 9 and 10
  • Employees Provident Funds and Miscellaneous
    Provisions Act, 1952
  • Sections 7A and 7C

11
Labour laws Courts interpretations.Contd.
  • Factories Act, 1948
  • Section 41B,41C, 41H, 46, 67, 71, 85, 86, 93,
    96A, 97
  • and 101
  • Minimum Wages Act, 1948
  • Sections 12 to 17 and 22
  • Payment of bonus act, 1965
  • Sections 4 to 9, 15 and 25
  • Payment of Gratuity Act, 1972
  • Sections 2, 2A, 4A, 7 and 10
  • Payment of Wages Act, 1936
  • Sections 3 to 5 and 7
  • Workmens Compensation Act, 1923
  • Sections 3, 4A,
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