MAHENDRA LAD (Service) (112 Points)
22 April 2010I have given the resign in the my current company. Our current company management has decided that those are giving the resign they are not eligible for Leave Encashment of earned leave balance as on date of resign. Bcz of this decision I am facing the big loss in my full & final settlement. Please advice me what legal action I can take for receving the my leave cncashment. My company is Pvt.Ltd. company.
Please help me what I will do?
Regards
Mahendra Lad
sanjoy saha
(student)
(126 Points)
Replied 23 April 2010
1.You are eligible for encashment of Leave Salary u/s10(10AA).
2.Retirement is important for the purpose of the said clause.
How it occurs is immaterial.
3.Even on resignation you are entitled to the benefit of the above clause
to the extent mentioned therein.[CIT Vs. D.P.Malohotra,1997] .
4.Taxablity;
Since you are a non-govt employee ,Leave Salary received at the time of retirement
Is exempted to the extent of least of the following;
(i)Rs.300000
(ii)Leave Salary actually received.
(iii)10 months av. Salary
(iv) Cash equivalent of leave to ur credit at the time of retirement.
5.Legal Action;
Other members help solicitated.
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