Last Updated on February 12, 2018 by Legalseva.net
Service matters are complicated and it is difficult to pursue strict compliance of rules and regulations wheresoever meritorious is to be promoted above hierarchy.
In these situations often discretion is exercised that becomes suits in court which is the prime cause for rising disputes at workplace.
What should be your first step in these service related issues? This post exactly answers it.
1. Grievance Mechanism -You must send your grievance to the department first through proper channel which is their grievance mechanism. If they don’t acknowledge then sending a legal Notice/Representation would be appropriate.
2 Legal Notice– This will be treated as your Legal Representation where you will warn them about pursuing the matter in court in case if they recuse from fulfilling their service obligations towards you.
3. Labour Court- If the matter doesn’t get settled in the above stages then it comes to the court. The case would be made from your legal notice and it is very important for you to state the same facts and relevant rule of organisation where your case is covered. Even for private employers you have remedy under Labour Court. The struggle is all about engaging the right service lawyer for your case.
4 Tribunal/CAT– For employees of central government institutions the case would be filed at Central Administrative Tribunal (CAT) Chandigarh. Don’t forget to assist your advocate regarding rules and regulations adopted by your organisation. With your ample assistance only a service matter advocate can win the case for you. Check whether your institute falls in this category of CAT Chandigarh or not here.
5 High Court Chandigarh– If you are employee of either of the State Government and its allied Organisation then your case can be heard at Punjab and Haryana High Court at Chandigarh. Also the appeals from Labour Court and CAT Tribunal Chandigarh are heard in High Court only. In case you are approaching High Court at first instance only under WRIT jurisdiction then you have to show urgency of matter and violation of your constitutional rights. Building a service case demands exceptional skill and peculiar interest in these matters. That is why we suggest your advocate should be a service matter expert.
Once you have exhausted this remedy also then the only recourse left is to file SLP before the Supreme Court for which again you have to engage Advocate on record.
LegalSeva promotes idea of fair play at workplace and provides proper assistance in cases related to service matters/disputes in Chandigarh, Panchkula, Mohali. You may reach us at 9988817966 or write to us at [email protected].
Looking forward to hear your thoughts in the comments section below. Till then stay informed and be assertive about your rights.
