leave encashment

Ashraf Ali (Querist) 22 January 2016 This query is : Resolved
I was working with a pvt ltd company in Pune, when i resigned i had mentioned clearly in my resignation mail that i am ready to serve the notice period of 60 days as per company policy. My manager accepted my resignation and replied me on my mail that sge will release me within 45 days. Now the scenario is i had discussion with my manager about not to release me early because i was ready to serve complete notice, and she confirmed me that there won't be any deductions from my final settlement as i am getting early release due to efficiency. When i got my Final settlement 17 days salary got deducted by the company against my early release. I did alot of follow up with Company HR and My manager, theyare not replying on this issue.

Kindly advise me what to do, i am a middle class boy and i was completely dependent on my final settlement money to start something new.

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Isaac Gabriel (Expert) 22 January 2016
The Management cannot leave encashment which is the settled law.File a writ prtition if not granted.

Adv. Yogen Kakade (Expert) 22 January 2016
Send a legal notice to the company authorities for the deliberate act of the company authority caused a loss to you and to pay the same with interest or file a case against the company for the recovery of the due amount.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888

Kumar Doab (Expert) 22 January 2016
The resignation can not be accepted before expiry of notice period tendered by employee.

The employer can offer notice pay for shortfall in notice period and it is subject to acceptance by employee.

You may approach an able counsel specializing in labor-service matters and supply under proper acknowledgment final representation addressed to MD,Chairman,appointing authority.

You my also demand certified copy of notice of resignation submitted by you,acknowledgment and acceptance of resignation,service certificate, relieving letter, FnF statement showing earned wages/notice pay/leave encashment/bonus/reimbursements etc,Form16,NOC/NDC,handover of charge, etc.

You can also agitate thru employee's/trade union leaders.