• Leave Encashment under Sec 22 of Delhi Shop & Establishment Act

Sir

I was employed in the Delhi branch of a Chennai based CHA from July 2008 till September 2013. The branch was registered under the shop & establishment act 1954. While in service we were never informed about any leave policy by the management but while going through the rules laid down under the Shop & Establishment Act 1954 I came to know that under rule 22 of the said Act an employee is entitled to 15 days paid leave every calendar year in addition to casual & medical leave which can be accumulated up to a maximum limit of 181 days and if not availed the same can be encashed.

When I resigned from my services in September 2013 I, applied for encashment of my 75 days of my accumulated leave my organization is refusing to encash then under the pretext that prior to 1st April 2013, the company didn't have any such policy.

Sir, I need to know that being an confirmed employee am I not entitled for encashment of my accumulated paid leave.

Await your valued advice.

Thanks & regards
Sandeep