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Lawyers for Labour And Service Laws in India

India is rapidly moving towards the usage of modern machinery and equipment. This will increase the product’s life and the same can be manufactured in bulks in less time. Our blue-collar workers or labourers in layman's language are suffering huge loss due to these new and modern techies. With the increase in new technologies and up-to-date equipment farmers, laborers are losing their only way of living. The traditional way of agriculture has gone down by 60% in the past couple of years. 

Industries have opted for machinery instead of men doing hard work. Even if the industries have workers, they need to be well represented as well as maintained which can cause the industry owners a lot of money. The government has issued many acts in the worker's favour but they are hard to carry through as lawyers are expensive and legal aid takes years to reach a final judgment.

What is the law related to Labour and Service Law?

Many acts have been passed by the Central Government for the growth and development of the labour and service sector. These acts are presented as guidelines for smooth regulation in this sector. The Trade Union Act, 1926, The Payment of Wages Act, 1936, Industrial Disputes Act 1947, Minimum Wages Act, 1948 are few to mention. Special Acts have been passed favouring women like The Maternity Benefits Act, 1961, Sexual Harassment of Women employees at Workplace Act, 2013, etc.  Sexual Harassment includes :

  1. Showing pornography

  2. A demand or request for sexual favours

  3. Sexually coloured remarks

  4. Physical contact and advances

  5. Any other unwelcoming physical, verbal or non-verbal behavior of sexual nature.

Why do you need to hire a lawyer for Labour and Service Law cases?

A is a worker in the XYZ industry as a field engineer since 2016. In January 2021, while checking machinery he accidentally cut his right hand to the elbow. Even after repeatedly asking for compensation for the injury and damages caused to him and his family from the owners of the industry, there was no response. His employers didn’t even grant him a paid leave. Having no other option he took legal expertise from a lawyer and filed a suit against the industry.

As seen above, this type of behaviour on the part of the owner or employer can call unpredictable danger. Advocates in such situations file a notice against such people and thus the Courts confirm that the concerned people compel with the orders, if found guilty.

How to register your case?

In India, you'll use the subsequent procedure to initiate legal proceedings just in case of violation of employment law:

Step 1: Collect all documentary proof of your employment just like the appointment letter given by the employer and salary credit slips. You must even have a symbol of the EPF/ ESI Contribution just in case the employer makes these deductions.

Step 2: Send a notice to the director or proprietor of the employing organization by registered post. Explain your grievance and clearly mention the issue. For instance, write the precise amount the employer owes you if it's a case of unpaid salary. You can send this notice personally or through a workers union of which you're a member on how to draft the letter.

Step 3: Just in case if the difficulty remains unresolved,  approach the labour commissioner of your jurisdiction. It is the duty of the commissioner to assist you in matters with the employer. If still no settlement is reached, the commissioner will direct the case to the labour court.

If the court is satisfied together with your version of events, then it'll direct the employer to pay you the dues. Remember to use within one year of the employing organization withholding your rightful salary. It is best to contact a lawyer immediately when the employer acts wrongfully against you.

Famous Judgments on Labour and Service Law?

Prem Nath Bali v. Registrar High Court of Delhi: In this case, the disciplinary proceedings, which commenced within the year 1990, continued for quite nine years. The appellant sought revocation of suspension order but such representation made by the appellant wasn't considered.

The Supreme Court within the case took a robust note of the undue delay caused in disciplinary proceedings. The Court stated that thanks to such unreasonable delay, the appellant naturally suffered tons as he had to survive only on suspension allowance for an extended period of 9 years.

Other key observations made by the Court within the case are: That it is the duty of the employer to form sure that the departmental inquiry initiated against the delinquent employee is concluded within the shortest possible time by taking priority measures. That in cases where the delinquent is placed under suspension during the pendency of such inquiry then it becomes all the more imperative for the employer to form sure that the inquiry is concluded within the shortest possible time to avoid any prejudice to the rights of the delinquent employee.

That every employer (whether State or private) must make a sincere endeavor to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a cheap time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit.

Where it's impossible for the employer to conclude thanks to certain unavoidable causes arising within the proceedings within the time frame then efforts should be made to conclude within a reasonably extended period depending upon the cause and therefore the nature of inquiry but less than a year.

Avtar Singh v. Union of India: In this case, the Court considered the opinion in various decisions on the question of suppression of data or submitting false information within the verification form as to the question of having been criminally prosecuted, arrested, or as to pendency of a criminal case. The Apex Court in the case laid down the following guidelines for the employer and stated that any of the following recourse appropriate to the case may be adopted: –

In a case trivial in nature in which conviction had been recorded, such as shouting slogans at a young age or for a petty offence which if disclosed would not have rendered an incumbent unfit for the post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse.

Where conviction has been recorded in a case that is not trivial in nature, the employer may cancel candidature or terminate the services of the employee.

If acquittal had already been recorded in a case involving moral turpitude or offence of heinous/serious nature, on technical ground and it is not a case of clean acquittal, or benefit of reasonable doubt has been given, the employer may consider all relevant facts available as to antecedents and may take an appropriate decision as to the continuance of the employee.

In a case where the employee has made a declaration truthfully of a concluded criminal case, the employer still has the right to consider antecedents, and cannot be compelled to appoint the candidate. In case when fact has been truthfully declared in character verification form regarding pendency of a criminal case of trivial nature, employer, in facts and circumstances of the case, in its discretion may appoint the candidate subject to a decision of such case. In a case of deliberate suppression of fact with respect to multiple pending cases, such false information by itself will assume significance and an employer may pass appropriate order canceling candidature or terminating services like the appointment of a person against whom multiple criminal cases were pending may not be proper. If a criminal case was pending but not known to the candidate at the time of filling the form, still it may have an adverse impact and the appointing authority would take a decision after considering the seriousness of the crime. In case the employee is confirmed in service, holding Departmental inquiry would be necessary before passing an order of termination/removal or dismissal on the ground of suppression or submitting false information in a verification form.

For determining suppression or false information attestation/verification form has to be specific, not vague. Only such information which was required to be specifically mentioned has to be disclosed. If information not asked for but is relevant comes to the knowledge of the employer the same can be considered in an objective manner while addressing the question of fitness. However, in such cases, action cannot be taken on the basis of suppression or submitting false information as to a fact that was not even asked for.

Why hire a lawyer through Lawtendo?

Lawtendo has the best lawyer for such cases and also the best lawyer for insurance disputes who can aid you to acquire and recover your damages peacefully and legally. If you are looking for lawyers in India in this field, Lawtendo happens to know the best and can help you connect with one.


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