Aspects of service law

PRACTICAL ASPECTS OF SERVICE LAW: H.C. Aurora and Saveeta Aurora; Bahri Brothers, 742, Lajpatrai Market, P.B. No. 2032, Delhi-110006. Rs. 400.

THE TITLE of the book is indicative of its contents. Hundreds of labour disputes and cases have gone to the portals of the courts and tribunals for adjudication by virtue of the constitutional provisions and other labour enactments. In fact the Administrative Tribunal Act came into being to regulate the condition of services of employees etc.

The authors have adopted a novel method in writing this book by discussing the legal decisions and legal provisions topic wise.

The first section contains 15 chapters. The first two chapters deal with the question of limitation viz., the period by which action is to be taken in any proceedings in several enactments.

The plea of limitation is a technical one and it should be raised at the first instance. Specific period has been prescribed under various acts. Article 226 of the Constitution does not specify any period of limitation within which an aggrieved person can file a writ petition.

The authors have referred to various decisions on this point and the gist of the discussion is that when there is no specific period of limitation for availing Article 226, the Limitation Act applies and that if there is any delay the point to be considered is whether the petitioner is grossly negligent in pursuing his remedy and whether the delay has resulted into a situation where rights of others had been settled and it would be inequitable to unsettle it.

All aspects about limitation such as the date of knowledge of the order, limitation for filing appeals, limitation for enforcement of orders passed in writ proceedings, application of the Limitation Act to Tribunal etc., condoning of delays in taking up proceedings by litigants and by poor and indigent persons, delay due to negligence of court, non-desirability of taking technical plea of limitation has been thoroughly dealt with, supported by case laws.

The judgment of the High Court of Punjab and Haryana goes to say: "A litigant cannot be penalised if the presiding officer is not available in the court. The date on which the suit was presented in the court will have to be taken into account for the purpose of limitation."

Precedents play a pivotal role in judicial proceedings. According to the author the doctrine of precedent is applicable to the Central Administrative Tribunal also.

Raising the question as to what is the procedure when there are conflicting decisions of the Supreme Court, the authors also give the answer by quoting a decision, which says: "In such a situation, though it would be a difficult choice, a judgment of the Supreme Court which appears to lay down the law more elaborately and accurately should be followed and mere insistence on time should not be the test."

The next chapter discusses all about impleading of necessary parties. A necessary party is one without whom no order can be made effectively.

While chapter six deals with the nature of the Bench of the Administrative Tribunal and its power under section 19 of the act, the next chapter discusses about the appearance of non-advocates before the CAT. The role of an authorised agent, compared to an advocate and other aspects, is also discussed.

All important topics like review, impleading of legal representatives, survival cause of action to them in pending proceedings when an employee dies, their right to sue, interim relief in service matters, resjudicata, jurisdiction of civil courts for workmen, Postal Department and ID Act have all been analysed. All the above matters find place in section I of the book.

Section II, containing chapters 16 to 50, deals with important matters like appointment in general, compassionate appointment, recruitment of extra departmental agents, daily wage employees, qualifications, contractual employment, part-time employees, date of birth (correction of), probation, transfer of employees, deputation and repatriation, pay fixation, salary for working on higher post-efficiency bar and equal pay for equal work.

The reviewer finds it difficult to put forth in detail the discussions of various points for want of space.

The learned authors could have added the text of the Administrative Tribunal Act, even though points discussed are applicable to various labour laws.

In his foreword, Justice Ashok Agarwal, Chairman, CAT states: "I have gone through several books on service laws, but Mr. Aurora's book is a book with difference. I am sure that a reading of all the chapters will be helpful to employers, employees, labour union leaders and lawyers."

An authentic rendition of all aspects of service law indeed. The authors have done good service to all those concerned with service matters.

K. KRISHNAMURTHI

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