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Administrative Law

Salary Not Released and insulting in Staff Meeting - My work & Designation

I am working in this institute since 01.07.1992 joined as computer Teacher. In the year 01.04.1996 shifted to office as Assistant. Promoted to Superintendent w.e.f. 01.10.1998. I have done my job with sincerity & honestly. I am entitled for Earned Leave As per service rule of the said institution/society. This year I have applied for earned leave, principal accepted the application and approved the same. But at the time of salary we have signed the leave record as token of acceptance. But At time of Salary my EL is deducted. After that in General Staff Meeting he said your you don't know nothing and working as clerk since 30 years.

( Kangra, Himachal Pradesh )

2 months ago

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Dear Client,
The Shops and Establishment Act provides detailed guidelines on leave entitlements for employees working in commercial establishments such as shops, offices, and restaurants. The provisions vary from state to state. Under this Act, employees accrue one day of paid privilege leave, also known as earned leave, for every 20 days worked, typically 15 days for every 240 days worked. Employees can carry over all unused earned leave days into the following year, excluding sick and casual leaves. This is limited to 30 days in most cases, but employees covered by the Shops and Establishments Act can carry over 45 to 60 days, depending on the region. Some states allow leave carryover for up to three years. When accrued leave exceeds this limit, it’s automatically converted into cash. Given the proposition of relevant laws governing employee leave in an establishment, first ensure your entitlement to claim earned leave and if you feel it is discriminatory on the part of the Institute, you can escalate your grievance before the concerned Labour Commissioner or the Chief Inspector, Shops & Establishment for the redressal of your grievance provided you are a workman as defined under Section 2(s) of the Industrial Disputes Act. You can simultaneously apply under Section 33C(2) of the ID Act before the Labour Court concerned, claiming your dues(Earned leave encashment) from the employer/Institute along with interest. Further, the SAMADHAN Portal was launched by the Ministry of Labour and Employment to facilitate the filing of industrial disputes by the workmen, employers, and trade unions under the Industrial Disputes Act, 1947. The online portal has a user-friendly interface and has enhanced transparency and efficiency of grievance resolution for all stakeholders. The workmen/trade unions/management can file their disputes and claims by logging into the portal through the UMANG app and also by visiting the nearest Common Services Centres. If required, consult with an Advocate experienced in service matters to navigate the issue in the right way.

S. K. Dutta

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Dear client,

First step you can submit a polite yet firm letter to the Principal or the management. If no reply from the management then write a second letter to the Governing Body / Board of Trustees / Higher Management of the institution.

If no solution comes from internal management, you can contact the District Education Officer (DEO) or Labour Commissioner’s Office. Lodge a written complaint about EL deduction and unprofessional behavior.

Moreover, you can send a legal notice through a lawyer to the institution for recovery of dues and mental harassment.

Gourab Das

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Dear Sir,
You have to use your good books and approach the Committee members so that you get some benefits in respect of EL. In the case of private institutions the employer always try to avoid payments better go to mediators and you may not get any benefit legally.

Kishan Dutt Kalaskar

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