Legal Question in Employment Law in India

Question :

Can the concerned employees of a central PSU get special leave for panchayet Election as per circular of West Bengal Govt? Our leave rule is as under :

LEAVE RULES of the PSU

12.2.2. Additional Holidays

iv) In the event of the State Government/Union Territory Administration declaring a special occasion as an additional paid holiday for its industrial workers, all administrative offices and operating units of IOC located within that State/Union Territory will also observe an additional closed holiday.

Circular of West Bengal GOVT

Dates of Election declared as Public Holidays under NI Act

Government of West Bengal

Finance Department

(Audit Branch)

Writers� Buildings, Kolkata-700 001

No. 5482-F(P), 9th July, 2013.

MEMORANDUM

In view of the elections to the Gram Panchayats, Panchayat Samitis and Zilla Parishads to be constituted under the West Bengal Panchayat Act, 1973 and to be held on 11th, 15th, 19th, 22nd and 25th of July, 2013 in different districts in the State (except Darjeeling), the Governor is hereby pleased to declare the said days as public holiday under the Negotiable Instruments Act, 1881 for the districts mentioned in the following schedule:

Sl. No. Date of Poll Name of Districts Holiday under N.I. Act

1 11.7.2013 Purulia, Bankura and Paschim Medinipur 11.7.2013

2 15.7.2013 Purba Medinipur, Hooghly and Burdwan 15.7.2013

3 19.7.2013 Howrah, North 24-Parganas and South 24-Parganas 19.7.2013

4 22.7.2013 Nadia, Murshidabad , Malda and Birbhum 22.7.2013

5 25.7.2013 Coochbehar, Jalpaiguri, Uttar Dinajpur and Dakshin Dinajpur 25.7.2013

All Government Offices, Organizations under it, Undertakings, Corporations, Boards, Statutory and Local Bodies, Educational Institutions, etc. situated within the districts excepting those within the municipalities shall remain closed on the respective dates so that every employee is able to exercise his/her right of franchise in the election.

2. The Labour Department will issue suitable instructions to Shops, Commercial and Industrial Establishments including Tea Gardens to declare the said dates for the concerned districts as paid holiday for the workers to exercise their franchise in the election.

3. In case the date of poll is a working day in any Central Government or any other establishments within the concerned districts, the employees who are voters to the election shall be permitted to cast their votes by way of special leave.

4. In case of an employee working outside the concerned districts and when the date of poll has not been declared as holiday there as in Para 1 above, he/she shall be allowed special leave for the day.

5. In case of re-poll, the employees/workers shall be allowed to cast their votes on the date of re- �poll in the manner as in Para 3 and 4 above.

6. The days before the date of polls being the date of dispatch are hereby declared as local holidays for the Educational Institutions situated within the respective districts excepting those within the municipalities as detailed below:

Sl. No. Date of Poll Name of Districts Local holiday for educational/other institutions

1 11.7.2013 Purulia, Bankura and Paschim Medinipur 10.7.2013

2 19.7.2013 Howrah, North 24-Parganas and South 24-Parganas 18.7.2013

3 25.7.2013 Coochbehar, Jalpaiguri, Uttar Dinajpur and Dakshin Dinajpur 24.7.2013

In case any educational institution or any other establishment within any municipality has been selected as dispatch centre, local holiday may be declared for the said institution by the Competent Authority on the day of dispatch.

7. The poll process may continue up to late hours in the nights of 11th July, 2013, 15th July, 2013,

19th July, 2013, 22nd July, 2013 and 25th July, 2013, as the case may be, and the polling parties may obtain their release from their reception centres in the small hours of the morning (or even afterwards) of 12th July, 2013, 16th July, 2013, 20th July, 2013, 23rd July, 2013 and 26th July, 2013 rendering it difficult for them to attend office in time. In consideration of this situation, special leave may be allowed for the 12th July, 2013, 16th July, 2013, 20th July, 2013, 23rd July, 2013 and 26th July, 2013 as the case may be to the officers and employees who were deployed for poling duties.

Sd/- (A.K. Das)

OSD & ex-officio Joint Secretary

Finance Department

Government of West Bengal

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