1) Earned Leave encashment is a right equal to the right to property guaranteed under Article 300 A of the Constitution and the same cannot be deprived illegally

2) when employee leaves organisation employee should be entitled to full leave encashment

3) in fact courts have held employees can encash their earned leave on the day of retirement irrespective of the pendency of disciplinary proceedings.

4) the decision of management to lapse accumulated leave of existing employees is patently illegal

5) under Bombay shops and Establishment act Leave with pay can be accumulated upto 42 days.

a golden thread in law that once game starts rule cannot be changed in meanwhile. so your all accumulated leave shall be encashed according to the rule applicable before acquisition.

This is your self earned money In Jitendra singh vs State of Jharkhand it is held by the supreme court that if employee gained any profit according to rule made by employer it cannot be taken back because that profit is his self earned money and employer acts as trustee only.

You should file case before labour tribunal for encashment of leave.

1) you would be eligible for leave encashment of accumulated leave till date since company has paid to other employees also

2) issue legal notice to company if it fails to pay for leave encashment

3) number of lawyers on this website from Delhi . contact any of them

My query is that how can the benefit be withdrawn to existing employees ( roughly 10 emp to be given enacashment) when others have already got that. I accept the discontinuation but encashment to all accumulated leave should be given .

This being a private company they have a protection called 'loss' and from your narration it can be seen that they withdrew this facility with effect from 01.04.2016 only having no retrospective effect.

While this being so, the company has done a blunder mistake to cut the privileges that was existing earlier by giving a retrospective effect to the status of leave of an employee prior to 01.04.2016.

The above move is unlawful and can be protested or challenged in the court of law.

If the company decides to make a change in the leave encashment policy, it cannot make an effect retrospectively. You apply for the encashment in the old pattern, let the company management refus it in writing, then you may approach the court challenging the company's decision which infringes the rights of an employee.

1. Am I eligible to get encashment upto 68 leaves accumulated as on 31st March 2016 if discontinuation of encashment is effective from 1st April 2016. (Supporting fact : All previous employees resigned earlier have got encashment on full accumulated leaves beyond 45.)

You are eligible to claim the encashment because such change in the policy cannot take a retrospective effect. Moreover the settlement of the same to other employees is an example and strong evidence against the company's injustice to its present employees in this regard. If the company states that it is suffering losses for a long time, it cannot give different treatment/decisions to different employees on the same grounds. If the employees who left the company before 01.04.2016 were paid this concession, then effect to that period is to be lowed to the present employees who were eligible for the said concession during that time.

2. What is the first legaI recourse I can take if management doesn't change their decision. Whom should I approach for legal help regarding this. Reference of person / law from Delhi would be great as I put up in Delhi.

First you apply claiming the leave encashment benefits as per your authorisation for the period prior to the date of change of the policy, let the management deny the privilege in writing, you may take up this matter to the court of law for justice, let the court decide.

3. Please share 2-3 similar cases for reference to be sent to employer.

You can search for them in the internet, they are not supplied here.