Casual Leave as a Matter of Right
In terms of model standing orders framed under the Industrial Employment (Standing Orders) Act 1946, leave cannot be claimed as a matter of right. Though the purpose of casual leave is to enable an employee to abstain from duty to meet an unforeseen or urgent need and thus obviate the need to either give prior intimation to or obtain prior sanction from the competent authority, it cannot be construed as a matter of right nor allowed as an excuse for absence without notice frequently. It is the conduct of the employee which gives evidence of the fact whether he is utilizing casual leave for genuine purposes or abusing it. Thus, the management can refuse to grant casual leave to an erring employee if he habitually resorts to it to abstain from duties without notice.
If the leave policy is governed by the contract of service in a company, the stipulation that leave of any kind cannot be claimed as a matter of right is normally part of such contract or leave policy.
Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd.
Mumbai.