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SYLLABUS
[HONOURS]
1
TEACHING LEARNING METHODOLOGY:
As per credit hours allotted to the subject there will be 6 classes per week. Teaching
Methodology will include Lecture cum Discussion, Assignments, Presentations and Case study
Analysis which will help in understanding the practical aspects of a topic and simultaneously
encourage research. Group discussion will form an integral part of Teaching – Learning
Methodology.
OBJECTIVES
The object shall be achieved by the following objectives
1. To make students well-versed in various types of employment.
2. To study the relation in the area of;
(i) Master-Servant, where contract related relations,
(ii) Apprenticeship and Industrial Law
(iii) Government and Public Sector employment.
OUTCOMES:
MODULE – I
GENERAL CONCEPTS
1.1 Historical Background
1.2 Employment in General: Private Employment: Master and Servant – Contract of service
and Contract for service
1.3 Employment under Labour (Industrial) Law
Law – Apprenticeship - Employment in organized sector (i.e. in various Industries) –
Terms fixed by Contract and Law (Status) – Remedies.
1.4 Employment in Public Sector other than Government.
Terms of employment – Statute, Rules and Regulations – Remedies
MODULE – II
EMPLOYMENT UNDER THE STATE & CONSTITUTIONAL PROVISIONS
2.1 Those holding office under the State not according to the doctrine of pleasure –
Judges – Public Service Commission Members – Election Commission – CAG
Terms of employment – Termination- Relevant Constitutional Provisions
2.2Role of the PSC in relation to Civil Services –
Consultation with PSC in matters relating to disciplinary action- Relevant Provisions of the
Constitution and Acts / Regulation made there under.
2.3 Subordinate Courts
Appointment, Conditions of Service, Control and Retirement of Judges of Subordinates
Courts
MODULE – III
3.4Incidents of Relationship
Fundamental Conditions of Service-Salary and Allowances-Leave-Promotion and
Seniority-Tenure, Substantive Officiating, Temporary, On Probation, Probationers,
Termination of Tenure-Superannuation – Compulsory Retirement- Pensions- Gratuity
and Provident Fund-Transfer-Deputations – Disciplinary Proceeding
MODULE – IV
4.1 Civil servant eligible for the protection - when is punishment imposed – When a
termination will be treated as punishment.
4.2 Disciplinary Proceedings
The Doctrine of two opportunities as developed in case law– Charge stage and
Punishment stage– 15th and 42nd Amendments.
4.3 Opportunity at the Charge stage
Application of Natural Justice (notice of charge, evidence, rebuttal, cross examination,
Counsel etc).
4.4 Opportunity at the Punishment stage
Managing Director ECIL Hyderabad V B.Karunakar AIR 1994 SC 1074
4.5 Where opportunity need not be the given-Proviso to
Art. 311 (2)-Conviction in Criminal charge -
impracticable to hold enquiry – not expedient
to hold the enquiry
MODULE – V
REMEDIES
Remedies may be grouped as those available under (a) The Classification, Control and
Appeal Rules or other Rules (b) The Civil Law (Suits, Declarations etc) (c) Writs and (d)
The Tribunals. We shall briefly consider those coming under (b), (c) and (d)
5.1 Suits
Relevant provisions of the CPC and the Specific Relief Act – possible only if jurisdiction
is not barred
5.2 Public Law Remedy:
Writs of Certiorari and Prohibition- Mandamus- Principles for the issue of Writ of
Mandamus, Duty, Demand, Refusal etc- Quo Warranto-Principles for the issue of Writ of
Quo Warranto
Grounds for the issue of these writs
5.4 Administrative Tribunal
Art. 323 – A of the Constitution – Administrative Tribunals Act 1985
MODULE VI
6.1All India Services; historical development, Position under the constitution (Art 312
etc,)
6.2 All India Services Act 1951and Rules framed there under.
6.3 IAS, IPS, IFS, All India Judicial Service
REFERENCES
TEXT BOOKS:
1. Justice M. Rama Jois,Services under State, revised and Updated by ILI,Delhi,2007
2. Samaraditya Pal, The Law Relating to Public Service, 3nd Ed., Lexis Nexis: 2011.
REFERNCE BOOKS:
MODULE III: 3.1 Civil and Defence 2 classes 1)Shamsher Singh V State of
SERVICES Services-Difference Punjab AIR 1974 SC 192
UNDER THE Doctrine of Pleasure -
STATE Position in England -
Position in India: Art. 310
of the Indian Constitution
Expression of the Doctrine
of Pleasure.
Nature of Government 1)Roshanlal Tandon V Union of
Service: Mixture of 2 class India AIR 1967 SC 1889
Contract and Status – es 2)Moti Ram Deka V General
Statutory interventions Manager, NEF Railways AIR
1964 SC 600
2 classes
Module VI All 6.1 All India Services; historical
India Services development, Position under the
constitution (Art 312 etc,)
6.2 All India Services Act
1951and Rules framed there 2 classes
under.
6.3 IAS,IPS,IFS, All India 3 classes
Judicial Service