The leave from employee is for inability to be present during work hours on a working day of the employee. The work hours and working days are clearly defined.

If Sunday is not a work day then NO Leave for Sunday should be enforced on Employee.

However what is the reason for calling this ‘Workshop’ on Sunday?

The united Teachers can ask it to be on a Work day !

What exactly is this workshop for?

 An extract is reproduced below from:

CBSE:

AFFILIATION BYE -LAWS

CHAPTER-VII

SERVICE RULES FOR EMPLOYEES

24. Short Title

1. Each school affiliated / to be affiliated with the Board shall frame Service Rules for its employees which will be as per Education Act of the State/U. T., if the Act makes adoption of the same obligatory, otherwise as per Service Rules given in subsequent sections.

2. Service Contract will be entered with each employee as per the provision in the Education Act

of the State/U.T.or as given in Appendix III, if not obligatory as per the State Education Act.

31. Working Days and Working Hours

1. The working days and holidays will be as per State Government Schools or Kendriya Vidalayas

34. Attendance of Employees

1. Every employee is expected to reach the school punctually and sign the attendance register

on arrival before the working of the school begins and also mark the time of departure.

You may go thru:

>>> CBSE: Service Rules for Employees  :::: and list of Holidays and working days as published by the School,

>>>Education Act of the State (those employees who were employed before the application of the Education Act of the state and retained original T&C of employment as explained in the Act may refer to those),

and

State Education Rules e.g;

THE DELHI SCHOOL EDUCATION RULES, 1973

08: (RECRUITMENT AND TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES OF THE PRIVATE SCHOOLS OTHER THAN UNAIDED MINORITY SCHOOLS)

Rule:114::: On No. of hours and extra remuneration

https://www.edudel.nic.in/welcome_folder/DSSR.htm

>>> working days and holidays as per State Government Schools or Kendriya Vidalayas……………………………………..and rules on substituted holiday/compensatory holiday/OT etc………………..for working on a Off day.

The United Forum of Teachers, Teachers Associations and other Forums can also help you…………

e.g;

Teacher Plus

https://www.teacherplus.org/2009/february-2009/teachers-and-the-law

Service conditions: Teachers of unaided schools warn of strong agitation

https://www.newindianexpress.com/cities/thiruvananthapuram/Service-conditions-Teachers-of-unaided-schools-warn-of-strong-agitation/2013/05/07/article1578716.ece

You may also go thru:

----Your  school may be covered by :The (Name of your state) Shops and Commercial Establishments Act, and it provisions e.g; as in case of:

Delhi Shops and Commercial Establishments Act:

2. Definitions: (5) “commercial establishment” means………………………….educational or other institutions run for private gain

8. Employment of adults, hours of work

(a) Mode for calculation of overtime wages

17. Period of rest (weekly holiday

18. Wages for the holiday

21. Claims relating to wages

----New service rules for teachers

https://articles.timesofindia.indiatimes.com/2005-05-18/hyderabad/27866767_1_school-assistants-teacher-unions-service-rules

---State of Kerala Vs. Mythri Vidya Bhavan English Medium School, 2013 (1) KLT SN 36 (C.No.36) : 2012 (4) KLJ 402 : ILR 2012 (4) Ker. 387 : 2012 (4) KHC 321

(2012) 270 KLR 491

IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       https://www.lawker.in/2012/09/state-of-kerala-vs-mythri-vidya-bhavan.html#.UhCFvdKAqWM

Thanks a lot kumar .But unity is a hard thing to expect most people are not afraid to speak about their rights. The School holds possession of certificates and took signature even before they could read through the conditions.

They are demanding 3 months of salary or 3 months of notice period (work without pay) even if few plan to resign.Few terms and conditions were distributed after the date of joining there they had mentioned "Leave cannot be claimed as a Right ".

Once again thanks a lot kumar for the nice clarification.

You have posted that:

----“The School holds possession of certificates”

It is illegal and can be termed offence………………NO employer can have lien on original certificates of employee.

There are threads indicating employees recover certificates with the help of police…………..

You may go thru:

-https://www.lawyersclubindia.com/forum/details.asp?mod_id=88472&offset=1#.Unu2RPuo1oo

-Madras High Court

Dr.S.Rajesh vs The State Of Tamil Nadu

https://indiankanoon.org/doc/1028571/?type=print

-https://www.lawyersclubindia.com/forum/Help-Service-bond-causing-unemployment--85093.asp#.UjbNaNKAqWM

----“3 months of notice period (work without pay)”

Salary/wages have to be paid during notice period.

Employees can drag their employer to lawful authority, court the minute their salary is delayed, even by a day.

There are many threads on similar queries e.g;

https://www.lawyersclubindia.com/forum/Non-payment-of-salary-92508.asp#.UqRC0tIW1MB

Discussion > Labour & Service Law > Service > Non payment of salary

The teachers are already united. The community of employees that is not united is susceptible to exploitation.

Labor Officials have to act on even anonymous complaints…………………….

Thanks everyone for enlightening, I had spoken to the principal for my wife's original certificates.He simply said "Do not speak legal terms here.We have more than 20 institutions and every one surrenders their certificates and we know how to handle, you can submit three months of salary and take the certificates or you can try whatever you can"

This is the fate of India , the powerful can bend the laws as they like.

Thanks everyone for enlightening, I had spoken to the principal for my wife's original certificates.He simply said "Do not speak legal terms here.We have more than 20 institutions and every one surrenders their certificates and we know how to handle, you can submit three months of salary and take the certificates or you can try whatever you can"

This is the fate of India , the powerful can bend the laws as they like.