Leave - Definition - Law Dictionary Home Dictionary Definition leave

Definition :

Leave, having regard to the language of Rule 123 doubtless the word 'leave' has been used as a verb and not as a noun. Taking the word in its ordinary parlance if used as a verb it clearly connotes that the candidate should have given up the job or quitted the service or severed all connections with the post that he was holding. If the word 'leave' would have been used as a noun in the sense of obtaining leave or furlough then the concept of permission would undoubtedly have to be considered. In Black's Law Dictionary, Revised Fourth Edition at p. 1036 the author referring the case of Landreth v. Casey, 340 III 519; 173 NE 84 (85) observes as follows: 'Wilful departure with intent to remain away, and not temporary absence with intention of returning.' To the same effect is the definition of the word 'leave' when used as a verb in Webster's New International Dictionary at p. 1287 where it has been defined as meaning 'desert, abandon, forsake, to give up the practice, to quit service and the alike.' In Webster's New World Dictionary at p. 834 the word 'leave' when used as a verb has been defined thus: 'To go away from, to give up, abandon, forsake, to stop working for, depart or set out.' In the Concise Oxford Dictionary the word 'leave' has been defined as 'quit, go away from, depart'. Similarly in Shorter Oxford English Dictionary, Vol. I at p. 1122 the word 'leave' has been defined when used as a verb as 'to depart from, quit relinquish, to go away from permanently, to abandon, forsake, to cease, desist from, stop'. In the Random House Dictionary of the English Language at p. 816 the word 'leave' has been defined when used as a noun as 'permission to do something, to beg leave to go elsewhere, permission to be absent as from duty', when used as a verb it means 'a parting, departure, farewell'. In Stroud's Judicial Diction-ary, Third Edition, p. 1606 when used as a verb 'leave' means 'going away from, depart, sail'. Aiyar in Law Lexicon of British India at p. 715 observes as follows: Leave, as a noun, permission. As a verb, according to the context or the intent with it is employed the word may mean to abscond, to deliver, to depart, to get off, to give, to go away from, to quit. Having regard to the definition of the word 'leave' when used as a verb in the aforesaid authentic legal dictionaries we have no doubt that the word 'leave' used in Rule 23 has been used not as a noun but as a verb, Rasesh C. Choksi v. State of Gujrat, AIR 1978 SC 270 (273): (1977) 4 SCC 545: (1978) 1 SCR 809. (Constitution of India, Art. 309)

The word 'leave' has various shades of meaning depending upon the context or intent with which it is used. According to the plain grammatical meaning that word in relation to an employee would normally be construed as meaning voluntary leaving of the service by him and would not include a case where he is discharged or dismissed or his services are terminated by his employer. Ordinarily the word 'leave' appears to connote voluntary action, Superintendence Company of India (P) Ltd. v. Krishan Murgai, AIR 1980 SC 1717 (1721): (1981) 2 SCC 246: (1980) 3 SCR 1278. (Contract Act, 1872, s. 27)

It means any kind of leave recognised by the Employees' State Insurance Corporation (Staff and Conditions of Service) Regulations, 1959. [Employees' State Insurance Corporation (General Provident Fund) Rules, 1995, R. 2 (1) (h)]