SCHOOL OF LAW

KALINGA INSTITUTE OF INDUSTRIAL TECHNOLOGY

Deemed to be University,
BHUBANESWAR-751024
SEMESTER IV: B.A. LL.B; B.B.A.LL.B & B.Sc. LL.B

SYLLABUS

PAPER: LAW GOVERNING SERVICES (LW 4613)

[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.

OBJECT OF THE COURSE

In the present conditions a large number of people are forced to seek employment for supporting
their life. It is necessary that employer-employee relation is structured under the law as far as
possible and in different types of employment. The course is intended to impart knowledge in
this field.

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:

1. The Students will understand the development of law relating to employment.

2. The students will become conversant with the law governing following relations;

(i) Master-Servant, where contract related relations,

(ii) Apprenticeship and Industrial Law
(ii) Government and Public Sector employment
 COURSE STRUCTURE

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

SERVICES UNDER THE STATE

3.1 Civil and Defence Services-Difference

Doctrine of Pleasure – Position in England - Position in India: Art. 310 of the Indian
Constitution – Expression of the Doctrine of Pleasure
 3.2 Nature of Government Service:
Mixture of Contract and Status – Statutory interventions
3.3 Service Rules-Scope-Conditions of Service
Basis – Entries in the 7th Schedule – Arts: 309 and 313 of the Constitution – Acts of the
Legislatures – Delegated Legislation – Executive Orders under Art 162 and Art 73 –
Retrospective Operation of Rules

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

3.5 Protection against Arbitrary Exercise of Pleasure

Art 311 – No dismissal or removal by a subordinate authority – no dismissal , removal or
reduction without an opportunity to show cause against the proposed action-Fundamental
rights.

MODULE – IV

DISCIPLINARY CONTROL AND PROTECTION

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:

1. D.D.Basu, Introduction to constitution of India,22nd Ed, Lexis Nexis:2014

2. G. B. Pai, Labour Law in India, Vol – I.Butterworths 2000 – Chapter, Employment.
3. Munkman in Employers’ Liability, 14th Edn, Pages 113 et seq.
4. Halsbury Laws of England, Halsbury Laws of India and Corpus Juris Secundum.
5. Indian Contract Act and Specific Relief Act.
6. Salmond, Pgs: 240-41, Paton, 398-403, O. P. Malhotra, Law of Industrial Disputes 6th
Edn, Vol – I. (Pp – 235 to 384),
 TEACHING PLAN

MODULE UNIT NUMBER READINGS

OF
CREDIT
HOURS
1)MODULE I: GENERAL CONCEPTS 1)Samaraditya Pal, The Law
GENERAL 1.1Historical Background 1 classes Relating to Public Service, 2nd Ed.,
CONCEPTS 1.2.Employment in Wadhwa & Wadhwa, Nagpur:
General: Private 1 classes 2004.
2)Munkman in Employers’
Employment: Master and Liability, 14th Edn, Pages 113 et
Servant – Contract of seq.
service and Contract for 3)Relevant Provisions of the
service – Indian Contract Act and Specific
1.3.Employment under 3 classes Relief Act.
Labour (ndustrial) Law Reference could also be made to
Law – Apprenticeship - the relevant portions of Halsbury
Employment in organized Laws of England, Halsbury Laws
sector (i.e. in various of India and Corpus Juris
Industries) – Terms fixed Secundum.
by Contract and Law Salmond, Pgs: 240-41, Paton, 398-
(Status) – Remedies. 2 classes 403, O. P. Malhotra, Law of
1.4.Employment in Industrial Disputes 6th Edn, Vol –
Public Sector other than I. (Pp – 235 to 384), G. B. Pai,
Government. Terms of Labour Law in India, Vol –
employment – Statute, I.Butterworths 2000 – Chapter,
Rules and Regulations – Employment.
Remedies
Sukhdev Singh V Bhagat Ram AIR
1975 SC 1331; (1975)1 SCC 421
Indian Airlines Corporation V
Sukhdeo Rai AIR 1971 SC 1828;
(1971)2 SCC 192
Central Inland Water Transport
corporation Ltd V Brojo Nath
Ganguly AIR 1986 SC 1571.
2)MODULE II 2.1Those holding office 4 classes
EMPLOYME under the State not
NT UNDER according to the doctrine
THE STATE of pleasure –
& Judges – Public Service
CONSTITUTI Commission Members –
ONAL Election Commission –
PROVISIONS CAG.
Terms of employment –
Termination.
Relevant Constitutional
Provisions. 3 classes
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.
Reading Material
Chapter VI of the Constitution :
2.3 Subordinate Courts Arts: 233 – 237. Pp:1575 – 1598
Appointment, Conditions 3 classes (Shorter D. D. Basu)
of Service, Control and
Retirement of Judges of
Subordinates Courts.

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

3.2 Service Rules-Scope- 3 classes

 Conditions of Service Reference:
Basis – Entries in the 7th D. D. Basu, Commentaries on the
Schedule – Arts: 309 and 313 of
the Constitution – Acts of the
Constitution, 8th Edn., Vol. 9,
Legislatures – Delegated Pp:9868 – 9870
Legislation – Executive Orders
under Art 162 and Art 73 –
Retrospective Operation of
Rules
3. 3 Incidents of Relationship 2 classes
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 Proceedings

3.4Protection against 4 classes

Arbitrary Exercise of Pleasure
Art 311 – No dismissal or
removal by a subordinate
authority – no dismissal ,
removal or reduction without an
opportunity to show cause
against the proposed action-
Fundamental Rights.
MODULE IV: 4.1Civil servant eligible for the 2 classes
Disciplinary protection- when is 1)Purshotham Lal Dhingra V Union of
Control and punishment imposed – India AIR 1958 SC 36
Protection 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 2 class
es
4.3 Opportunity at the Charge 2 classes Khemchand V Union of India AIR 1958
stage SC 300
Application of Natural Justice
(notice of charge, evidence,
rebuttal, cross examination, 
Counsel etc).
 
4.4 Opportunity at the 2 classes
Punishment stage
Managing Director ECIL
Hyderabad V B.Karunakar AIR Managing Director ECIL Hyderabad V
1994 SC 1074. B.Karunakar AIR 1994 SC 1074

4.5. Where opportunity need 2 classes

not be the given: Proviso to
Art. 311 (2) Conviction in
Criminal charge – impracticable Union of India V Tulasiram Patel AIR
to hold enquiry – not expedient 1985 SC 1416.
to hold the enquiry
MODULE V: 5.1 Suits 2 classes
REMEDIES Relevant provisions of the CPC 1)High Commr V J. M. Lal AIR 1948 PC
Remedies may be and the Specific Relief Act – 121
grouped as those possible only if jurisdiction is 2)State of Bihar V Abdul Majid AIR 1954
available under (a) not barred.
 SC 245
The Classification,  3)Prabhakar Rao B V State of Andhra
Control and Pradesh AIR 1986 SC 210.
Appeal Rules or
other Rules (b) The 5.2 Public Law Remedy 2 classes State of Andhra Pradesh V Rama Rao
Civil Law (Suits, Writ of Certiorari and AIR 1963 SC 1723
Declarations etc) Prohibition, Grounds for the O. K. Ghosh V E. X. Joseph AIR 1963 SC
(c) Writs and (d) issue of these writs 812
The Tribunals. 1) G. Dasaratha Rama Rao V State of
Mandamus 2 classes Andhra Pradesh AIR 1961 SC 564.
We shall briefly Principles for the issue of Writ 2)State of U.P V Babu Ram 3)Upadhaya
consider those 
of Mandamus, Duty, Demand, AIR 1961 SC 751
coming under (b), Refusal etc. S.G.Jai Singhani V Union of India AIR
(c) and (d) 1967 SC 1427
2 classes
Quo Warranto
Principles for the issue of Writ 1)Mudhol M. S. V H.D. Halegkar (1993)
of Quo Warranto 3 SCC 591

5.3 Administrative Tribunal 4 classes 1)L. Chandrakumar V Union of India

Art. 323 – A of the Constitution AIR 1997 SC 1125
– Administrative Tribunals Act
1985

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

TOTAL NUMBER OF CLASSES 60 INCLUDING TUTORIALS.