Dear Shri Dhingra Ji
True, there is a cap on the number of occasions for availing earned leave or privilege leave being stipulated by the Acts and settlements cited by you.My understanding of the employer's right to put a cap on the number of occasions for availing earned leave within the frame work of the Shops Acts, is as under :
1)Where the Shops Act and the rules there under specifically prescribe a procedure for availing earned leave including the number of occasions for availing it as in the case of UP Shops Act, then there is no dispute and the same can be followed.
2)Where the Shops Act and the rules there under of a State specifically prescribe a procedure for availing earned leave but remain silent on the number of occasions on which such leave can be availed, then it is not prudent for the employer to stipulate any cap on the number of occasions as it is likely to be viewed as going against the legislative intent. Had the legislature or the executive under the delegated power to frame rules,wanted to stipulate any cap, it would have done so while prescribing the specific procedure. The fact that it omitted to do so, indicates that it does not desire any such cap.
3) Where the Shops Act and the rules there under merely speak about the total leave entitlement for an employee and the manner of computation etc as observed in the Shops Act of some states and is silent on the procedure as to how the leave is to be availed etc, then in my view, the concerned Act intends to leave to the discretion of the employer to lay down the procedure for availing such leave. In such cases, in my view, the employer can stipulate a cap on the number of occasions.
B.Saikumar
HR & Labour law Advisor
Mumbai