Regarding leave encashment in punjab govt
CA Sahi Singla
(Querist) 14 June 2015
This query is : Resolved
Dear Sir
I worked with Punjab Govt for 2 years in supervisory capacity. After probation, i resigned from the Post as per terms & Conditions of my appointment letter. On the date of resignation, i have in balance 50 Earned leaves. My employer has denied payment of Leave encashment on the ground that there is no provision for such payment in case of resignation.
Please let me know, how can i pursue my case though Court. Can i approach labour court in this regard ? or i can approach only civil Court ? Whether there exist any case law on this matter ?
Kumar Doab
(Expert) 14 June 2015
Download the service rules and regulation and leave policy.
Refer to the rules.
Rajendra K Goyal
(Expert) 14 June 2015
Refer respective service rules and proceed accordingly.
P. Venu
(Expert) 15 June 2015
The legal position in respect of Central Government servants, vide Rule 39 (a) (ii) of the CCS(Leave) Rules, is that such persons are entitled to receive encashment for half the leave n his credit.
CA Sahi Singla
(Querist) 15 June 2015
Dear Experts, Thanks for the advise.
Now, since my service rules are silent on this aspect, shall i pursue the matter through labour court or civil court ?
P. Venu
(Expert) 15 June 2015
First of all request the controlling Officer seeking encashment as per the rules.
Kumar Doab
(Expert) 15 June 2015
First of all determine which rules apply to the establishment?
You may seek the help of seasoned and experienced employees, union leaders, service matters lawyer and go thru the rules.
Then make an applicable for payment.
Has the employer denied payment of Leave encashment on the ground that there is no provision for such payment in case of resignation? If yes the employer has to quote the rules that are applicable and have been referred.
If rules permit then you have a valid claim.
Exhaust the internal remedy first.
