Bombay High Court Upholds Employees' Right to Privilege Leave Encashment After Resignation
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The Bombay High Court reaffirmed the statutory right of employees to encash privilege leave even after resignation. The case involves two petitioners, who were long-serving employees of a Bank. After decades of service, both submitted their resignations and subsequently requested the bank to encash their accumulated privilege leave. The bank, however, refused their request, citing that the facility for encashment of privilege leave for employees who had resigned came into effect after the petitioners had tendered their resignations. Aggrieved by this decision, the petitioners approached the Bombay High Court seeking a writ of mandamus.
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JUDGEMENTS:
1.?Workman cannot be transferred to a place which did not exist at the time of appointment in the absence of such clause.
2.?Educational institutions are not liable to pay statutory bonus.
3. Even contractual employees engaged by principal employer indirectly are entitled to PF benefits.
4. Municipalities are covered under the definition of 'factory' under the ESI Act.
5. Working for a long period on contract basis does not create a right to be appointed on regular basis.
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