Dear Shubham,
I beg to differ with Mr Banerjee and Saji both. There is no need to link resignation and pending leave. There is no relation between the two. Why discuss about pre-approved leave alone? If situation merits or employee desires, he/she may apply for the leave during the notice period and if HOD approves it, he/she may avail it of.
When employee works for 20 days, he/she becomes eligible to get 1 day leave. That is why it is also called as "earned" leave. What company has right to withhold someone's legitimate "earning"?
As far as law is concerned, none of the labour law like factories act, shops and establishment act or standing orders act does not handle issue of approval of leave during the notice period. Since the matter is within the purview of the company administration discretion demands to make employee friendly policy and allow the resigning employee to avail of leave.
It appears that the query has been raised with particular psychological moulding. Sooner employee submits resignation, tendency is treat him/her as outcaste or consider him/her as worthless. However, employee's contributions in the past cannot be overlooked.
Our primary job to is to run enterprise smoothly, satisfy our customers, introduce innovative products or services. Therefore, it is better to concentrate on primary activities rather than being intrusive while dealing with the employees.
Thanks,
Dinesh Divekar