Legal Question in Employment Law in India

Respected sir

For a solution, I am detailing my problem and hope that my doubts are clarified and I got a clear answer from your side.

I appointed and jointed as Accounts Assistant in Kerala state hand loom Development Corporation by Kerala public service commission. I joined on 07.02.2011, from that date on wards I am enjoying all the Public Holidays the other employees have. Now I got promotion as Store Keeper and transferred to Kannur (My native place is at Trivandrum which is 504 KM away from Kannur). I posted in Processing House Chirakkel Kannur, which is a production unit under Kerala State Handloom Development Corporation and the unit is working under Factories Act. Due to this reason (earlier I was under Kerala service rules now under Factories Act) the Administration Manager denied the eligible holidays I have once enjoyed. Here in this unit the workers have limited holidays.

In my organization there are 3 Store Keepers, including myself. The other two are enjoying all the public holiday earlier I have because they are not under Factories Act. Is the situation unlawful? Am I facing category discrimination?

My another question is when change of one Act to another, what happens to the benefits I have once enjoyed? Am I eligible for compensation? Should the law protect the benefit I have once enjoyed?

Kindly clarify my doubts so I can reply to Manager Administration.

Due to the lack of holidays, I can�t enjoy with my family. It takes a day (more than 10 hours in train) long journey to and from my home to work place. I have elderly parents and 6 month old daughter and wife. I wrote a letter detailing these situations and the manager administration was adamant in his decision.

I hope you understand the dilemma I am facing.


Asked on 10/20/15, 1:24 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

20.10.2015

Dear Sir / Madam,

Your leave is governed by the rules and regulations of the organization. However, since you say that the other two storekeepers are enjoying all the public holidays, it is fair that you too should be granted leave on all the public holidays. If not, you are facing category discrimination which should be highlighted and amicably sorted out. Being a Government organization, I doubt whether you will be monetarily compensated for the previous benefits you enjoyed, the fact being your promotion from Accounts Assistant to Storekeeper with a hike in your salary and perquisites is your monetary compensation,

Regards,

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Answered on 10/20/15, 5:28 am


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