Compensatory Off [Thread 480795]

Can I take Compensatory off as physical present for calculating Earned Leave?

In my view, you can include the days on which you were on compensatory off availed by you for working on a holiday for the purpose of computing earned leave.
B.Saikumar
HR & Labour Law advisor

In my view, you can include the days on which you were on compensatory off availed by you for working on a holiday for the purpose of computing earned leave. - B.Saikumar

If you are counting as present, the original weekly off where you worked, then compensatory off should not be counted in number of days worked. If, however, that day was being counted as weekly off, then they day you are absent for weekly off will be counted as working

Dear,
Not at all. No body who is granted compensatory off will be reckoned as physically present on that day for any purpose. However, he will reckoned as physically present on the day which was a declared REST DAY or a HOLIDAY declared under relevant rules, circulars issued by the concerned establishment.
Eg. An employee who works on Sunday will be reckoned as present on Sunday/Holiday, but not on the day of week days on which he was allowed compensatory Rest. If he is denied Rest in that week, the Rest will be carried forward to a maximum of 2 calender months within which he has to be allowed to avail the compensatory rest or he will be entitled to payment @ as specified in PW Act, i.e. double the normal salary / wages rate.
AK Jain

The issue is whether the day on which a workman is granted compensatory off shall be counted d as a day of actual service for the purpose of computing earned leave/annual leave. The law is well settled on the issue whether Sundays /holidays on which a workman is paid shall be considered as days on which he is deemed to have actually worked. In Workmen of American Express International Banking Corporation V Management 1985 II LLJ page 539,(Supreme Court),it was held that Sundays and holidays on which a workman is paid shall be considered as days on which a workman is deemed to have actually worked and thus shall be included in computing continuous service within the meaning of Sec.25-B.of the Industrial Disputes Act 1947.

Now the concept of compensatory off arose out of the need to compensate for the day of rest whether in the form of a paid weekly off or paid holiday permitted to a workman on which he is called up on to work by the management. Thus a compensatory off is a substituted weekly off or holiday. It being so, when the paid weekly off or paid holiday is deemed to be construed as days on which he is deemed to have actually worked, then the substituted weekly off or holiday can have the same attribute under the law and therefore the workman, in my view cannot be denied the benefit of being treated as on duty on a day of compensatory off which he would have been entitled to on weekly off or holiday, though he had not been called to work and he had been enjoying his rest. The law itself grants this fictional service.

Not only this, I have not come across any statutory provision that expressly excludes weekly off s or holidays or compensatory offs from being counted for the purpose of computing earned leave. On the other hand, the explanation to Sec.79 of the Factories Act 1948 clearly and unambiguously excluded only the days on which a factory worker enjoyed leave for computing annual leave and it no where excluded a weekly off or holidays or the compensatory offs that are paid We cannot exclude what is not excluded by the statute.

Compansatory off can only be provided when an employee worked on week off or paid holiday in the organisation. secondly the matter of earned leave is different.
Thanks & Regards,
From,
Sumit