Leave Pay At Time Of Full And Final Settlement

Dear Sir,
My Employer's Policy is as under: -
No adjustment of earned leave against notice pay.
while deducting salary against leave pay deduct on basis of gross salary.
but if company has to pay (encash) to employee then pay on basis of basic.
recently management has started mentioning in acceptance of resignation letter "leave can not be availed during notice period (after submitting your resignation letter) & you have to serve till _90 days from date of resignation". If you follow then only the co. will issue relieving letter to you.
Is it legally valid?
can it challenged in court of law.
regards / krishna

Dear Member,
The recent judgment related to this case given shortly, to know more about this get a copy of judegment from LLR publisher. Reference - LLR Del.HC 490
"Employees request for availing of leave during the notice period cannot be denied by employer"
"In the absence of bond, an employee will not be liable to pay damages fro quitting job prior or expiry of prescribed period.
Reference : LLR Del.HC 490
Murugavel.B

Krishna,
Employee can surrender the leave and leave the organization. But there are companies which follow that you cant take vacation leave while on notice period instead of that they can take only the sick leave.
As law says that the employee can take vacation leave while on vacation, the organization cannot stop him/ her.
Regards