Is It Legal for My Manager to Deny Leave for Voting in Tamil Nadu? Seeking Advice

Hi, I had requested leave on 16.05.2016 to vote in Tamil Nadu as I'm currently working in a different state. However, the leave request was rejected due to work requirements by the manager. Is it legal to reject a leave request? Please help me understand.

This government notification is applicable for Tamil Nadu state jurisdiction only. Other state employers are not required to abide by 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 the employee has to be informed of this decision.

You can refer to the case law for this - The Workmen of Orissa Transport Corporation vs. Orissa Transport Corporation, 1975 I LLJ 11.

Paid Leave Entitlement on Election Day

As per the direction of the Election Commission of India, all establishments and shops, including those operating on a shift basis, shall be closed on the day of the poll in the constituency where the general election is to be held.

In cases where a person is ordinarily a resident of the constituency and registered as an elector but may be serving or employed in an industrial undertaking or establishment located outside the constituency, even those workers, including casual workers working outside the concerned constituency, are entitled to the benefit of a paid holiday extended under Section 135B(1) of the Representation of the People Act, 1951.

So, you are entitled to a paid leave on 16-05-2016. However, if your leave is rejected due to work requirements, please keep in mind that you will still have to report back to your manager.

Clarification on Leave for Voting

The case cited by Stephen cannot be applied here. The Orissa Transport Corporation's case discusses objections on Standing Orders, which is entirely different. According to Section 135B (1) of the Representation of the People Act, an employee residing outside the constituency but a voter of the constituency where the election is held is entitled to leave with pay for casting a vote. However, this is applicable only on the day of the poll, and you should ensure that you can return to the office on Tuesday morning, the day after the election.

Regards,
Madhu.T.K

The above-mentioned Section 135B is applicable all over India (except in J&K, I suppose). 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.

To add to what Ritesh has pointed out, it is applicable for general elections and by-elections.

Madhu.T.K

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.

Please understand that it is immaterial whether there is an election in the place of work; what is important is 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