Nayan.b
My LWD with my origination was 25th March and I had 22 Leave in my account at that time. When I received FnF statement they have encashed only 7.3 leaves saying that 15 leaves are lapsed as per the rule.
They have rule of carry forwarding 7 leave only after 31st March , And they are denying to pay encashment for 15 days leaves.
Can I file a case against my employer for this?

From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
KK!HR
Management Consultancy
Nayan.b
Senior Consultant

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KK!HR
1344

From the bare details given, it cannot be concluded that there exists a case or not. Now that you have decided to take legal recourse, it is better to consult an advocate.
If you are working in a factory and comes within the definition of 'Workman'as per the Factories Act 1948. Section 79 (3) makes it mandatory that the workman has to be paid within two days of termination of service the quantum of leave to which he was entitled immediately before such termination of service. The relevant Sub-section is quoted below:
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made—
(i) where the worker is discharged or dismissed or quits employment, before the expiry of the
second working day from the date of such discharge, dismissal or quitting; and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months
from the date of such superannuation or death.]

From India, Mumbai
saswatabanerjee
2324

I wonder if you know what the cost of filing a case in India is.
And the time commitment you will need to give for it
And how your new employer will look at your employment history after that.

And all for 15 days leave?

I would also suggest that when you post anything on this forum, give the full background details or you will not get the proper suggestion or reply from members. For example, your designation and type of organisation you were working for will make a major difference to the answer.

From India, Mumbai

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