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Makhan lakhan (Self)     27 November 2015

Leave not granted

I work in a private college. I used to get 10ML & 30 EL per year. But whenever I apply for leave my Principal intentional obstruct/reject my leaves by giving reason that due to shortage of manpower I cannot sanction leave. But for others he did not say anything. Due to this a large volume leaves has been accumulated in my leave account. 

Sir, Is there any supreme court judgement regarding right of employee to enjoy leave without obstruction.

This is a type of malpractice and tends to Slavery System. Employee should have its liberty to enjoy leave at its own.

Kindly give legal advice on this matter URGENTLY



Learning

 5 Replies

Kumar Doab (FIN)     27 November 2015

Have you applied for leave under proepr acknowledgment and retained the copies?

Is the declinature also in writing?

Has the unavailed or rather unsactioned EL been carried further/encashed?

Unavailed ML shall lapse until unless leave rules allow it to be carried forward.

Sick/medical leave is usually not declined.Why was it declined in your case?

Were you asked to work even durng sickness?

Are the other employees that are granted leave also from HR?

 

Being HR Executive you can understand the finer nuances while you find the answer to the quries.

 

 

Makhan lakhan (Self)     28 November 2015

Actually the complaint has come from one employee and His Principal is intentionally harrasing him. Complainant has come to me and expressed his greivance and he has proper reason for his leave. For answering his principal, I need details of any supreme court judgement regarding this matter so that the matter can solved mutually.

Kumar Doab (FIN)     28 November 2015

Being HR Executive you can understand the finer nuances while you find the answer to the quries. First of all determine the enactments/rules...................etc by which the establishment/

employer/employee is covered and then go thru, verbatim...............the Leave rules aplicable.

 

Employer can grant superior benefits but not inferior.

 

No citation shall be of any use until basic points are cleared.

 

Judgments shouted at Principle can have adverse effect too.

 

Sudhir Kumar, Advocate (Advocate)     28 November 2015

"Is there any supreme court judgement regarding right of employee to enjoy leave without obstruction."

 

No.

 

Leave is not a right.

Kumar Doab (FIN)     28 November 2015

@ Saraj Kumar Dutta,

You may check if the establishment is covered by the def. of Shops & Estbs Act and look into the language of the section on 'Leave'. It might be written that employee is 'entitled' and leave shall be granted.

If employee is covered by te def. of 'Workman' as in ID Act then you may also go thru it.

It is imperative that if leave is  with entitlement and to be granted, and employer has to sanction or has to decline within stipulated period then employer has to decline citing reason in writing in time.

If declinature is due to bias,malafide,malice etc then employee has the right to agitate.

 

However all said and done, show every docs on record to an able counsel specializing in labor-service matters.

 

 

 

 


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