Madhu.T.K
Industrial Relations And Labour Laws
Stephen_7
Senior Officer - Hr
Riteshmaity
Labour Law Advocate
Rajans68
Consultant
Dhivya G
Hr Practioner
+1 Other

Thread Started by #Dhivya G

Hi, I had asked leave on 16.05.2016 for voting in Tamil Nadu as im currently working in different state. But the leave request was rejected due to work requirement by the manager. Is it legal to reject leave request.. please help me to understand..?
10th May 2016 From India, New Delhi
This government notification is applicable for Tamilnadu state jurisdiction only. Other state employers are not required to abide those notifications.
Leave has never been a matter of right. The employer can refuse to grant leave to an employee due to exigencies of work and employee has to be intimated to this effect.
You can refer to the case law for this - The workmen of Orissa Transport corporation vs Orissa transport corporation, 1975 I LLJ 11.
10th May 2016 From India, Chennai
As per the direction of the election commission of India,all establishment, shops including those which work on shift basis shall be closed on the day of poll in the constituency where general election to be held. In case where a person ordinarily resident of the constituency and registered as an elector , may be serving / employed in industrial undertaking or an establishment located out side the constituency , having a general /by election even those workers including casual workers working outside the constituency concerned would be entitled to the benefit of a paid holiday extended under section 135B (1) Representation of the people act1951.
So your entitled for a paid leave on 16-05-2016.
However you say you are leave is rejected due to work requirement.Law apart Please keep in mind you will have to report back to your Manager.....
10th May 2016 From India, Chennai
The case cited by Stephen cannot be cited in this case. The Orissa Transport Corporation's case speaks about objections on Standing Orders and this is entirely different. As per 135B (1) of the Representation of People Act, an employee residing outside the constituency but a voter of the constituency where election is held is to be given leave with pay for casting vote. But this is applicable to the day of poll and be sure that you can come back to office on Tuesday morning, the day after the election.
Madhu.T.K
10th May 2016 From India, Kannur
Sir, Q:1. This rule is applicable across the INDIA or in Specific states only?? Q:-2 is this rule applicable on all type of elections i.e.- Gram Panchayat election & Parliament Election??
11th May 2016 From India, Noida
The above mentioned section 135B is applicable all over India (expect in J&K I suppose). And as rightly mentioned, you are entitled to paid leave on Since the Act does not specify any kind of election whether panchayat or parliament, hence it can be considered that any form of election comes under the purview of this section.
Please check www.labourlawhub.com for more information.
11th May 2016 From India, Kolkata
To add what Ritesh has pointed out, it applicable for general elections and by elections. Madhu.T.K
11th May 2016 From India, Kannur
Since you are working in a different state and if there is no election on that day in that state then there is no legal requirement for granting holiday/leave . Hence your company cannot be faulted for the same .
12th May 2016 From India, Hyderabad
Please understand that it is immaterial whether there is an election in the place of working and what is important is that whether the employee is a voter. Therefore, if you are a voter in Tamil Nadu but your establishment is situated outside Tamil Nadu where there is no election being held on the day, you have the right to get leave for one day to cast your vote.
Madhu.T.K
17th May 2016 From India, Kannur
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