Administrative Law : Contract of Service vs Contract of Employment
admin general beginner pyq_discussionSo I was reading last year's paper questions and found this one from IGNOU really tricky. 'X', a government employee, was working as a part-time lecturer in a university, was suspended by the varsity authority. Later it was proved that X was actually not involved in any misconduct. What relief can X claim against the authority?
Correct approach is to first understand the difference between Contract of Service and Contract of Employment. Contract of Service is like a personal contract between employer and employee whereas Contract of Employment is a master-servant relationship. In this case, X was a government employee, so Contract of Employment applies. Now, since X's services were wrongly terminated, we need to find out the relevant article in the Contract of Employment Act which will allow X to claim relief.