Encashment of leave on resignation
CA Sahi Singla
(Querist) 29 November 2014
This query is : Resolved
Sir
I resigned from Punjab Govt PSU after rendering two year of service after giving proper notice of 3 Months. My employer has denied me encashment of Leave earned during these 2 years on the ground that Leave earned can be encashed only on retirement (voluntury or supernnuation ). This information has been provided to me under RTI Act.
Now i want to pursue the matter using Law. As per CWP 3143/2008 Punjab & Haryana High Court(enclosed here), my resignation would be termed as Voluntary resignation. Also, as per section 79 of Factories Act, 1948, earned leave can be encashed.
Kindly guide me, how to proceed further. Shall i go for CWP or labour court for easy & cheap disposal of case?
Sailesh Kumar Shah
(Expert) 29 November 2014
there is no order enclosed.
copy and paste the order here.
CA Sahi Singla
(Querist) 29 November 2014
here is the link to it
http://lobis.nic.in/phhc/showfile.php?sn=0
CA Sahi Singla
(Querist) 29 November 2014
It is not possible to provide full information here. Please find CWP 3143/2008 on website of Hon'ble Punjab & Haryana High Court.
Sudhir Kumar, Advocate
(Expert) 30 November 2014
why the experts should be treated as your MUNSHIS who should spy around the internet to look for facts of the case for giving you a charitable advise.
CA Sahi Singla
(Querist) 30 November 2014
I myself Chartered Accountant and joined this group with hope. I am really disappointed to see how can professionals act like this way. Shame on you Mr. Sudhir. You have time to comment unnecessarily, button no time to navigate to other website. You are not less than a Munshi
ROHIT SHARMA
(Expert) 30 November 2014
1. Go for C.W.P. for easy & cheap disposal of case. You can quote the case law which says that on your voluntary resignation as per the factories Act you are entitled to get the leave encasement. Your petition will survive.
ajay sethi
(Expert) 01 December 2014
it is better you file writ petition to challenge decision of PSU to deny you leave encashment . litigation is not cheap these days . further even disposal of writ may take some years depending upon pendency of cases
R.K Nanda
(Expert) 01 December 2014
consult local lawyer.
T. Kalaiselvan, Advocate
(Expert) 03 December 2014
You are properly advised to go ahead with the intended writ petition if you strongly feel that this may fetch you the fruitful result or else consult a local lawyer about next course of action in this regard.
Please avoid posting derogatory comments on the experts here who devote their very valuable and precious time for the noble cause of helping the mankind who is in distress, at free of cost. You may withdraw the comments passed on expert Mr. Sudhir Kumar, being a CA by profession, your behavior in the public forum like this will not be appreciated.
