Whether a leave en-cashment is a mandatory provision for Educational Institution managed by Charitable Organization?
Piyush Khanna (Student) 18 January 2014
Whether a leave en-cashment is a mandatory provision for Educational Institution managed by Charitable Organization?
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 18 January 2014
As per Service rules every employee is entitled to certain no. of leaves per annum. If an employee does not utilize all his leaves available to him per annum such unutilized either get lapsed or get carry forward which can be enchased later. If such carry forward leaves are liquidated in cash form during the continuity of employment or on retirement, it is known as leave salary.
Kumar Doab (FIN) 18 January 2014
Probably by ‘Educational Institution managed by Charitable Organization’ you mean that ‘Not for Private gain’
Isn’t it?
Is it registered with Charity Commission or with (Name of the state) Shops and Commercial Establishments Act?
If it is registered with (Name of the state) Shops and Commercial Establishments Act its leave policy and leave encashment can not be inferior to the provisions of this enactment.
If it is State Recognized Non-Government Minority Primary/Middle/Secondary Schools.........................etc the following judgment as recent as 3 January, 2014 may be relevant to you.
Jharkhand High Court
Mariyam Tirkey vs Human Resource Development on 3 January, 2014
https://indiankanoon.org/doc/82740956/?type=print
“it is held that the Petitioners are entitled to leave encashment.”