Are Outstation Employees in Mumbai Entitled to Earned Leave Encashment Like Faridabad Staff?

I am posted in Mumbai, and our HO is in Faridabad. My salaries are transferred from the Faridabad office. I have been in Mumbai for the last 15 years and typically take only 5-6 continuous leaves in a year. However, I have never received earned leave encashment. The maximum limit is 60 days as per our company policy.

I recently applied for earned leave encashment this month, but my company replied that due to the flexible working hours of outstation-posted employees, they are not entitled to earned leave encashment. Interestingly, they do provide earned leave encashment to Faridabad-based employees.

Please suggest whether I am entitled to receive it or not.

Dear Mukkesh, I would advise you to check the terms and conditions of your appointment letter or the conditions of the contract to see if there is any stipulation that you will not be entitled to earned leave encashment due to flexible working hours. You need to clarify whether they are not giving you leave or if it's only leave encashment. In my opinion, such a condition should be considered void ab initio. After all, they must be assigning you some work targets and paying you every month. All the labor welfare regulations specify the quantum of various kinds of leave and its encashment for the employees. This is a clear-cut case of discrimination if the same set of workers in Faridabad are getting leave encashment. You can try to ascertain the rules/regulations from the company under which they are behaving in this manner.

Regards,
BS Kalsi