AMOL (Sub-Inspector) 10 November 2010

weekly off rules

Sir,

Kindly help me………………….. I was a sub-inspector in CISF (paramilitary force under ministry of home affairs). When I was posted in mumbai I was performing shift duty there and an office order had been pasted at official notice board according to which “Monday” was assigned as my weekly rest day. I was on authorized medical sick rest on 03.07.09(Friday) & 4.07.09 (Saturday) then after joining from sick rest i performed duty on 05.7.09 (Sunday) and the sick rest days had been regularized with my balance half pay leave/ medical leave. Since 06.07.2009 was “Monday” so as per above said office order I availed my weekly rest.

But my higher authority has imposed charge over me that since I did not continuously perform six days of duty prior to 06.07.09 (Monday) and was therefore, in any case ineligible for weekly off. Hence I proved as willfully absent without leave on 06.07.2009.

However during departmental enquiry they did not provide any reference and concerned rule & regulation by which I was declared ineligible for weekly off on that Monday contradictory to their own office order except claiming that this is well known fact.

However as far as my knowledge there is only one place where such rule is mentioned which is as under: ( but my higher authority has argument that it is not applicable in Central police organization/ CPMF)

Minimum Wages (Central) Rules

Chapter: Computation and Payment of Wages, Hours of Work and Holidays
Section 23: Weekly day of rest
(1) Subject to the provisions of this rule, an employee in a scheduled employment in respect of which minimum rates of wages have been fixed under the Act, shall be allowed a day of rest every week (hereinafter referred to as the 'rest day') which shall ordinarily be Sunday, but the employer may fix any other day of the week as the rest day for any employee or class of employees in that scheduled employment:
Provided that the employee has worked in the scheduled employment under the same employer for a continuous period of not less than six days:
Provided further that the employee shall be informed of the day fixed as the rest day and of any subsequent change in the rest day before the change is effected, by display of a notice to that effect in the place of employment at the place specified by the Inspector in this behalf.
Explanation.- For the purpose of computation of the continuous period of not less than six days specified in the first proviso to this sub-rule-
(c) any leave or holiday, with or without pay, granted by the employer to an employee in the period of six days immediately preceding the rest day,
shall be deemed to be days on which the employee has worked.

So kindly give your expert opinion am I right or on wrong. If the above rule is not acceptable then is there any CCS rule exist regarding this matter.

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6 Replies

Democratic Indian (n/a) 10 November 2010

Have you ascertained the work week in CISF starts from which day and ends on which day? If it starts from monday and ends on sunday, then 3rd and 4th july would be in one week and 6th july would be in another week.

"office order had been pasted at official notice board according to which “Monday” was assigned as my weekly rest day."

Do you have any certified copy with you for the above fact?

"I was on authorized medical sick rest on 03.07.09(Friday) & 4.07.09 (Saturday) then after joining from sick rest i performed duty on 05.7.09 (Sunday)"

Do you have any certified copy with you for the above fact i.e. your attendence details that you were on rest day on monday, medical sick rest on friday and saturday and worked on all the concerned days of the concerned work week?

"But my higher authority has imposed charge over me that since I did not continuously perform six days of duty prior to 06.07.09 (Monday) and was therefore, in any case ineligible for weekly off. Hence I proved as willfully absent without leave on 06.07.2009."

Do you have a certified copy of above charge?

"However as far as my knowledge there is only one place where such rule is mentioned which is as under: ( but my higher authority has argument that it is not applicable in Central police organization/ CPMF)"

The Minimum Wages (Central) Rules 1950 has been created under Section 30 of Minimum Wages Act 1948. The Minimum Wages (Central) Rules 1950 will be applicable if Minimum Wages Act 1948 is applicable. I am not sure of its applicability or lack of its applicability to CISF. It would have been better if you could have ascertained the concerned rules or obtained a copy of rules from CISF itself.

If you were officially on sick leave on friday, saturday and officially on weekly rest day on monday and worked on all the concerned days of both the concerned work weeks, then were is the problem?

In my opinion obtain all the concerned facts of your case with help of RTI from CISF and contact a good lawyer. Or rather contact a lawyer first and decide your course of action.

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AMOL (Sub-Inspector) 13 November 2010

Sir,

we do not have ascertain work week in CISF starts from which day and ends on which day, its totally depends upon office order pasted on notice board.

yes I have certified copy of official weekly off chart & also copy of charge sheet.

I had demanded number of times during departmental inquiry to ascertained the concerned rules or obtained a copy of rules from CISF but i had not been supplied that. Inquiry officer & disciplinary authority had argument that this is well know fact however they themself did not know where it is written.

they had not considered the below words of section 23 of Minimum wages (Central)

For the purpose of computation of the continuous period of not less than six days specified in the first proviso to this sub-rule-

(c) any leave or holiday, with or without pay, granted by the employer to an employee in the period of six days immediately preceding the rest day,
shall be deemed to be days on which the employee has worked.

Kindly suggest me.

Democratic Indian (n/a) 14 November 2010

"have certified copy of official weekly off chart" Does it show on it the days you worked and the days you were on leave etc.? No use verbally "demanding" anything or hitting around the bush. Just submit RTI application to obtain the certified copies of the concerned documents, rules etc. Once you have all the relevent copies like your concerned attendence sheet, concerned rules etc., on reading them you will be able to verify whether action taken by CISF is justified or not. Meanwhile you can also have a word with some good lawyer who is familiar with employee and labour laws.

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dhruv (DGM) 01 October 2012

Sir , I am working in Airports authority of India , IGI airport delhi.It is a PSU under misistry of civil Aviation. here we work in shifts 6 hours daily, 7 days in a week. AS sunday: 1330-1930(C Duty), mon:0730-1330(B Duty), tue:1930-0130(D Duty),wed:0130-0730(A duty),thu:1330-1930(C duty),fri:0730-1330(B Duty),sat:1930-0130,again it reapeats likewise in pattern.... C-B-D+A again C-B-D+A.

here we are performing daily duties and dont have any weekly off. As per my knowledge ,according to rules every 1 must have a weekly off in a week or 1 rest day (means period of 24 hours starting from midnight). Is this true. give me a suggestion.if they r doing wrong.

P Akkini Kannan 12 June 2018

Off-course you are eligible for weekly-off on Monday though you have joined the duty on Sunday. For example assume, Sunday is deemed as Weekly-Off for the personnel working in offices. A office staff who joins his duty on Friday/Saturday from any kind of leave such as CL/EL/Medical, he automatically avails Sunday as his Weekly-Off though he had not performed duties for continious six days. The day declared as Weekly-Off for a person, is entitled for Weekly-Off on the said day either he works for contineous six days or not. Assume, if a person declared Monday as his/her Weekly-Off join his duty on Wednesday from any kind of leave, and forced to avail his/her Weekly-Off on next Monday (i.e. after 12 days) it is against to the Rules.