Legal Question in Employment Law in India
Hello!
According to Factories act 1948, Chapter VIII,79(3), A person is entitled for full settlement of earned leaves after resignation from service.
(1)Can a state undertaking / Board covered under Factories act 1948, have different service regulation to above of not remitting the accumulated earned leaves after resignation?
(2) Can a state undertaking/ Board covered under Factories act 1948 have its own service regulations contrary to Factories Act 1948? Which is the supreme of both?
(3) Is there are any court rulings in favour of an employee superceding the point (1) as above.
(4) Is there any legal recourse to point (1) as above?
Regards,
Rajkumar
2 Answers from Attorneys
You may file your claim before the Payment of Wages Authority.
You can also lodge a complaint with the Factory Inspector and also can file application under sec. 33 (C) 2 of the Industrial Disputes Act.
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