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College principal not sanctioning casual leave

Querist : Anonymous (Querist) 11 January 2018 This query is : Resolved 
I work in a Private Engineering College in Pune as Asst. Professor since One year. Recently our management is denying Casual Leaves for the staff. They tell openly that if you want a leave take 'LWP' (Leave Without Pay). As I believe Casual Leave is a right of an employee, whether any action can be taken against the Principal or management?
Kumar Doab (Expert) 11 January 2018
AQ so NO reply
Kumar Doab (Expert) 11 January 2018
Pls post with your ID and you can get many replies...........
kavksatyanarayana (Expert) 11 January 2018
There will be terms and conditions at the time of appointment in most private colleges(Eng.etc....). Generally the private colleges gives 12 casual leaves in a year for the employees. see the terms and conditions and follow accordingly. But whereas in Goverment(state and central) service, leave is not a right but it is a previlage.
Querist : Anonymous (Querist) 12 January 2018
Thank you for your reply Mr. Kumar Doab and Mr. Kavksatyanarayana. Yes there are terms and conditions but it's nowhere mentioned that casual leaves are not allowed. Actually we were getting the paid leaves before. It's a recent decision of the management and all the staff members are furious about it. But don't know what can be done.
Sudhir Kumar, Advocate (Expert) 12 January 2018
Prima-facie no leave on a particular date is a matter of right for any employee.

you ha not been able to describe problem correctly. There is no clarity

whether lee is not admissible

or

leave is admissible but not being granted by the Principal.
Querist : Anonymous (Querist) 12 January 2018
Thank you Mr. Sudhir Kumar. Sir, I apologize for the improper framing of the query. I missed to mention that I am eligible for getting a leave and I have unused casual leaves in my account. This is the case with all other staff members too. As I have mention earlier, this is a recent decision of the management otherwise there was no problem in getting a leave. And its not the matter of particular date sir, the management is not at all allowing the paid leaves but they are open to grant Leave Without Pay. That means they are not concerned about the academic loss of students, due to the absence of the teacher. In fact as a part of professional ethics and practice the teacher asking for a leave adjusts his lectures and practicals in advance with other teachers so that the students do not suffer academic loss.
Sudhir Kumar, Advocate (Expert) 13 January 2018
under which public body he institution is recognised.
Querist : Anonymous (Querist) 15 January 2018
Sir, Its a private Engineering College affiliated to University of Pune. Approved by AICTE- New Delhi, Govt. of Maharashtra & Affiliated to Savitribai Phule Pune University.
Querist : Anonymous (Querist) 22 January 2018
I am still waiting for the legal advice.
Kumar Doab (Expert) 22 January 2018
Pls post in new thread with your ID and post the applicable leave rules
Or post the link
Or attach
Since there is NO provision to attach in Experts Section you may post in Forum section and attach.
Sudhir Kumar, Advocate (Expert) 22 January 2018
If a particular employee has been denied leave on a particular date then no action can be taken.

However, if the management alters the terms and conditions of service and changes eligibility of leave then you can move to labour court and even complaint to the organisation which has given recognition/affiliation to it.
Kumar Doab (Expert) 22 January 2018
When you post next thread with your ID do make proper mention of your duties on record...
If you are a teacher you may not be covered under def/ of 'Workman' as in ID Act and Labor Court/CGIT .........is not the appropriate forum to be approached....


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