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Akhil Gupta (Asst. Mgr.- HR & Administration)     11 June 2008

Leave Encashment (Remarkable Judgment)

Dear All
i would like to inform you that the Hon’ble Supreme Court has given a remarkable judgment on 12.03.2008 relating to payment of Leave Encashment in the Case No. Appeal (civil) 1832 of 2004, Petitioner: Manipal Academy of Higher Education Versus Provident Fund Commissioner
Para: 14 of the said judgment is read as under
“The appeals deserve to be allowed which we direct. But if
any payment has already been made it can be adjusted for
future liabilities and there shall not be any refund claim since
the fund is running one. There will be no order as to costs.”
The copy of the judgment dated 12.03.2008 is enclosed for ready reference.
On the above said judgment, the Employees Provident Fund Organisation has issued a letter to all the Regional Provident Fund Commissioner to follow the orders of Hon’ble Supreme Court regulating the issues relating to payment of PF and allied dues on Leave Encashment.
In view of Hon’ble Supreme Court judgment dated 12.03.2008, you may not deposit the contribution on Leave Encashment from the date of order. 


 7 Replies

Amit (LEGAL OFFICER)     11 June 2008


Saravana Rajan   11 June 2008

Thanks a lot for the valuable info.

Saravana Rajan

Prakash Yedhula (Lawyer)     11 June 2008

Thanks for the citation

H. S. Thukral (Lawyer)     11 June 2008

Thanks for the information. This information is already available in the answer to queries in Experts Section in one of the query posted by Mr. Sudheer  on 05-04-08

krishnarajpr (n/a)     12 June 2008

Thank you Sir. A very useful citation for HR people like us.

Krishnaraj P R

Prashant Shinde (HR)     15 June 2008

Hi i am working as a HR in a satara. In our company there is a practice to deduct all the buden from the salary, e.g., p.f., esi, leave 5 % hra 5% etc. is there any provision in a law to deduct such charges of leave from the salary .



The Second question is like a worker can a engineer and a staff is applicable for a getting a some amount of a salary by a law.

Kiran Teggi (Senior Executive - HR)     29 April 2010

Thanks for valuable information

Kiran Teggi  (Sr. Executive - HR)

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