Law relating to employees of election department of delhi government
Guest
(Querist) 12 August 2012
This query is : Resolved
I am quoting text from an office order issued by SDM Election of one of the districts in Delhi Government:
QUOTE:
Office Order
It has been decided that all voter ID centres shall remain open on 10th Aug(Holiday), 11th Aug (Saturday working day) and 12th Aug (Sunday) keeping in view the ensuing house to house survey/campaign and all the officers of centres will submit a certificate to the effect that house to house survey has been 100% completed by 13.8.2012.
This issues with the approval of Dy.Commissioner(Election).
Sd/(SDM Election)
CC: All ID Centres officers
-Programmer to upload this in the website
UNQUOTE
Now, my queries are:
1. Under which Act does Election department of Delhi Government function?
2.Whether Delhi Shops and Establishments Act applies to Election Department of Delhi Government?
3.Can Offices of Election Department of Delhi Government be legally opened on Gazetted holidays and weekly holidays without prior permission from the Labour Department of Delhi Govt. or Central Govt?
4.Can employees of that Department be denied gazetted and even weekly holidays on the pretext of urgent work.
5.Are employees of that Department entitled to Compensatory leave for working on Gazetted and weekly holidays . If" no", why and if "yes", what the employees should do,
Sudhir Kumar, Advocate
(Expert) 13 August 2012
1. Under which Act does Election department of Delhi Government function?
Ans : you may get so under RTI
2.Whether Delhi Shops and Establishments Act applies to Election Department of Delhi Government?
Ans ; No. Please read section 2(9) of the act “9) "establishment" means a shop, a commercial establishment, residential hotel, restaurant, eating house, theatre or other places of public amusement or entertainment to which this Act applies and includes such other establishments as Government may, by notification in the Official Gazette, declare to be an establishment for the purposes of this Act;”
3.Can Offices of Election Department of Delhi Government be legally opened on Gazetted holidays and weekly holidays without prior permission from the Labour Department of Delhi Govt. or Central Govt?
Ans : yes.
4.Can employees of that Department be denied gazetted and even weekly holidays on the pretext of urgent work.
Ans : Yes. Please read FR-11
5.Are employees of that Department entitled to Compensatory leave for working on Gazetted and weekly holidays . If" no", why and if "yes", what the employees should do,
Ans : Plese read FR-11. The office can remain open on holidays and compensatory off can also be given. But if you read FR-11, it is not mandatory that compensatory off be must. Since FR-11 is statutory in nature it cannot be overruled by any deppll circular.
Guest
(Querist) 15 August 2012
Thanks. Could u pl let me know what is FR-11?
Guest
(Expert) 15 August 2012
The question arises, as a properietor of some firm, how you are concerned with the election duty and compensation to an employee of the Election Office?
However, replies to your queries are as follows:
1) Peoples Reoresentation Act 1950 and 1951.
2) No
3) Yes. Labour department has no jurisdiction over the functioning of any elction office.
4) Yes
5) Employee may, if permissible in his department, can claim compensatory off in lieu of his duty performed on holidays.
About FR.11, the rule clearly lays down, "unless in any case it be otherwose disinctly provided, the whole time of a Government servant is at the disposal of the Government which pays him, and my be employed in any manner required by proper authority, without claim for additional remuneraion."
Sudhir Kumar, Advocate
(Expert) 15 August 2012
If you are a Govt employee of UT in India, you have joined the service conditions laid down in FR/SR and various other rules framed by President under powers vessted vide provisio to Article 309 of the Consititution.
