Availing Of EL During Notice Period

Can somebody please reply to my query URGENTLY?
Query:
I resigned on 3 Sep, 2010. I had 33 ELs in my account. So I mentioned in the resignation that I will avail these leaves during 6 Sep (Mon)-8 Oct (Fri) and then get relieved on 10 Oct. My employer (an NGO) says that I cannot avail the EL during notice period. Hence I need to be in office till 2 Oct. They are neither encashing my leaves nor allowing me to avail this. What will happen to my ELs which is my right? Our standing rules do not explicitly state that we cannot avail EL during notice period. Pl enlighten me. Is there any Govt of India rule which can prevent the lapsing of my ELs? Can I approach some authorities (like Labour Court, etc) for this grievance? My designation is Administrative Officer cum Senior Advisor.

Thanks.
AK

Can somebody suggest a solution URGENTLY?

I work as Admin Officer cum Senior Advisor in an indian NGO. I had 33 ELs in my account. I resigend recently and in the resignation letter, I mentioned that I will be availing my 33 ELs before getting relieved (notice period is one month) on the next working day after the expiry of EL. The employer says that I cannot take leaves during notice period and have to be in office till the end of notice period. Our statnding rules do not explicitly state that no leave will be aloowed in notice period. The employer is, in effect, neither encashing nor allowing my ELs, which is probably my right. Is there any Govt of India rule to prevent the lapsation of my ELs? Can I approach some govt authority like Labour Court, etc. for the matter? Pl enlighten me.. URGENTLY. Thanks.
- AK

If EL is not adjusted in your Notice Period, it should be encashed/reimbursed. It is Earned leave and the NGO can not forefeit.

Dear ashokpram
I have merged both of your threads, in one.
About your query; let me explain that an employee can not claim leave as a matter of right, whether during notice period or otherwise.
However, in general, employers do not refuse leave during notice period, as they prefer a happy departure and also the fact that there is no point in involving a departing employee in future plans and projects.
In this case, if your EL has been refused, then the NGO should include the en-cashed EL amount in your final settlement.
Warm regards.

Dear friends:
Thanks for your replies.
Unfortunately the employer is neither giving the EL nor encashing. They seem to be harassing me as they did with some previous employees.
Is there any authority whom I can approach for redressal?
Thanks.

either avail EL or encash them .
if employer is not encahing then can approach to concerned labour inspector/or DLC filing an application under shop act. yours is a NGO so govern by Shop Act.

Dear Friends I am also in the same situation. I am working at NGO registered under Trust Act at Madurai, Tamilnadu. I would like to know what are the laws governing this privilege leave. Kindly enlighten me.