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TMI Blog1960 (3) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... his respect ? 2. The workmen's contention was that since 1948 till shortly before the dispute arose the company had been encashing privilege leave standing to the credit of the workmen after keeping 30 days at the credit and this practice became by implication a part of the terms and conditions of service. The employer's case on this question of encashment was that this matter was dealt with by the company's Rule 45 under which encashment of privilege leave was permitted only if privilege leave, which would lapse unless availed of, is refused due to urgent necessity of work, and if the company is unable to grant such lapsing privilege leave at any other time even on repeated fresh applications before the date of lapsi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns and alterations in buildings purchase of lands, payment of private tuition fee; purchase of sewing machines, and for purposes of litigation in which employees may get involved. 3. On the question of leave the Tribunal held that there was no reason for discrimination between members of the clerical staff and the subordinate staff and the workmen belonging to the subordinate staff are also entitled to privilege, casual and sick leave in the same way as the clerical staff. Against these orders the employer has preferred this appeal. 4. The question whether encashment of leave was being allowed since 1948 in the manner as alleged is really a question of fact and we find nothing that would justify us in interfering with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to obtain such encashment of privilege leave it is abundantly clear that this admission was made under pressure as otherwise the encashment might not have been granted. It is reasonable to think that during all this period from 1948 to 1955 no such statement that the prayer was being made not as of right appeared in any of the applications. If any such statement had appeared in a single application during those years the management would have produced that before the Tribunal. In this state of the evidence the Tribunal was right in its conclusion that there had been a continued and uninterrupted practice from 1948 for the encashment of privilege leave for the purposes mentioned in Ex. W-4. In view of such long and continued practice the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpleted period; Provided further that a watchman or caretaker who has been in continuous employment for a period of one year shall be entitled to not less than thirty days of privilege leave. (2) If an employee entitled to leave under Clause (a) of Sub-section (1) of this Section is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him full wage for the period of leave due to him. 7. As regards privilege leave the Section prescribes a minimum of 15 days. That does not stand in the way of the Tribunal's conclusion that they should get 30 days' ..... X X X X Extracts X X X X X X X X Extracts X X X X
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