Discontinuation of paternity leave -reg.
RK
(Querist) 26 May 2018
This query is : Resolved
Good Evening Sirs !
I am working in a State co-operative bank which is registered under Registrar of Co-operative societies and the bank is following CCS rules for bank employees. I was applied for paternity leave for 15 days on 07.05.2018 whereas, God has blessed me with a baby boy on 10.05.2018.
On 08.05.2018 the management had issued a circular that the management decided to discontinue the paternity leave due to shortage of staff. In fact, there is no shortage of staff in the bank.
Kindly advice me in this regard please
Thanks in advance
yours truly
Ravi Kumar
K Rajasekharan
(Expert) 27 May 2018
Disallowing a statutory leave provided for in the rules in force to an employee on the ground that there is shortage of staff is not legally right and hence can be questioned.
If you have a forum for handling service related grievances for your organisation you can approach them with your complaint on this illegal action of the management. Otherwise you can approach the high court by filing a writ petition which is a bit expensive affair. But these are the two optional possibilities. If the former system exists you have approach them first.
Guest
(Expert) 27 May 2018
Dear Ravi,
CCS Leave Rules are meant for the Central Government employees. However, autonomous bodies, like your cooperative bank, can follow the pattern for their employees, but not binding and is always subject to the approval of the Board of Directors. Since yours is an autonomous bank, if the Board of Directors have decided not to operate on certain specific Rule, they are within their powers to withdraw or extend any facility pertaining to the Rules. Rest depends upon the judgment of the competent court on the merits of the case, if you want to proceed legally.
K Rajasekharan
(Expert) 27 May 2018
The State Cooperative Bank in Kerala is governed by the cooperative societies act and the concomitant rules formulated by the state government as provided for in the act.
It is the state government which makes rules in consultation with the state cooperative union in regard to service conditions of employees including leave.
Guest
(Expert) 27 May 2018
Sorry to point out, if the CCS (Leave) Rules, the Central Government Rules, have been made applicable on the employees that means any set of rules, if framed by the Kerala Government has not been adopted by the Governing Body of the bank for regulation of services of its employees..Even if the State Government has framed any set of Rules, that can be model bylaws or rules, that cannot be binding on the Governing Body to compulsorily adopt and that still rest on the discretion of the Governing Body to adopt or not. The autonomous bodies can make their own rules or adopt any set of prescribed Rules in full or even in part at their discretion.
K Rajasekharan
(Expert) 29 May 2018
A governing body of any organisation like UGC, University, autonomous college, cooperatives, Grama Panchayat, autonomous institutes or anything of whatsoever nature - whether we call it an autonomous or non-autonomous – can take decisions only on items it have been assigned with under the constitution, statutes, rules or orders but not based on some guesswork regarding its inherent powers, so long as rule of law exists.
Every organisation (or even individual officers) will have some discretionary functions in which it/he can take decisions on wider amplitude but in certain other areas it will be guided by specific guidelines making the decision making narrow focused.
In short, what an institution can decide, how it should be decided and to what extent it can go are solely determined by the statute governing it.
Ms.Usha Kapoor
(Expert) 31 May 2018
Central civil Services are paying 15 days paternity leave.You click the following link for further information on this issue.
NEW DELHI: Championing the cause of fathers in the early days after a child's birth, a private member's bill proposes that all workers, including those in the unorganised and private sector, get paternity leave extendable up to three months.
The Paternity Benefit Bill, 2017, which may be considered in the next session of Parliament, pushes for equal 'parental' benefits for both the mother and the father.
Click the following linkfor further information on this issue.
https://timesofindia.indiatimes.com/business/india-business/paternity-leave-across-all-sectors-proposes-private-members-bill/articleshow/60719474.cms
Also fotrr latest information on this click the following link.
https://www.ndtv.com/india-news/paternity-leave-across-all-sectors-proposes-private-members-bill-1751408
