krishnarajpr (n/a) 29 October 2009

SERVICE RULES .Vs. SHOPS & ESTABLISHMENT ACT

Dear Seniors,

As far as LEAVE is concerned, i would like to know, whether POLICIES AND RULES AS CONTAINED IN INDIVIDUAL ORGANISATION'S SERVICE RULE WILL PREVAIL OVER THE LEAVE PROCEDURE AS IN SHOPS & ESTABLISHMENT ACT OF ANY PARTICULAR STATE.

For example, as per West Bengal Shops & est.act, Sec 11 is the authority. But in our company, the general service rule prescribes some procedure for calculations of LEAVE.

My querry is whether we need to follow to arrive at the eligibilty of leave to be given to an employee (SICK LEAVE, CASUAL LEAVE, PL) as per the ACT or as per the SERVICE RULES. (Obviously, leave as given in Service rules is different from the ACT)

Regards,

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2 Replies

Darshan Sharma (Lawyer-cum-detective) 29 October 2009

The law of the land and fundamental rights granted under the Constitution always stand above any terms and coditions, rules and regulations and any policies and whatever terminology is coined/made by by a person /corporate person/organisation. Hence, any infringement of the Constitution and law of the land is a criminal offence.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 02 November 2009

Agreeing with the opinion of Darshan, I add that you will have to get amended/corrected the rues of your company at par with as given in law otherwise what so ever is prevailing in your appointment letter or in the standing rules of the company shall also become applicable on all the employees.