X is an employee, who has resigned from service. He has 47 days of EL to his credit. The management did not encash the leave consequent of resignation. Before the labour court, the management takes a stand that he can encash only 30 days leave as per section 79(5). Our stand is that he is entitled fro encashment of all the 47 days of EL. Please clarify with decisions of any high court or Supreme Court.
The same management is also denying payment of bonous to X on the ground that he is drawing more than Rs 3,500/- per month. He takes support of the definition of employee in the bonus act sec 2 (13). Our stand is that he is entitled for bonus in terms of section 12 of the same act treating as if he is drawing Rs. 3,500/- per month only. Please clarify with decisions of any high court or Supreme Court.
The same employee is due for payment of leave encashment bonus and gratuity in April 2005, none of them have been paid so far, the employee has claimed interest for the delayed payment. Is he entitled. Please clarify with decisions of any high court or Supreme Court.
