Full & Final Salary Settelment
My self Abhishek sharma.I worked with a Pvt Company from Nov-11 till July-15.I gave resignation on 16th June-15.i had notice period of 1 month in that notice period i was on approved leave for 10 days from management.(the mail used was of company server so no back up with me).Also i left organisation before 7 days of my notices period with legal acceptances of management on my Registration Letter. Now from last 1 year company has not given me full & Final payment.after several reminders just 2 days back the replayed for the full & final settlement. They are making payment of 7 days only.When i asked the Question they are showing me the lays as per below.
01.First of all, in absence of Leave Policy, It does not mean that one can availed unlimited leaves at his will. In absence of any term and condition for leave under appointment letter, section 79 of Chapter VIII of Factories Act, 1948 shall apply. According to it, your total eligibility of leaves were 67.5, where as you have availed 68 Leave before date of your resignation.
02. Any leave approval can save you from termination due to absence under Industrial Dispute Act, 1947 but can not make eligible for compensation.
Kindly provide any solution to the same.