Close Menu
    Facebook X (Twitter) Instagram
    • Our Story
    • Partner with us
    • Reach Us
    • Career
    Subscribe Newsletter
    HR KathaHR Katha
    • Exclusive
      • Exclusive Features
      • HR Pops
      • herSTORY
      • Perspectives
      • Point Of View
      • Case-In-Point
      • Research
      • Dialogue
      • Movement
      • Profile
      • Beyond Work
      • Rising Star
      • By Invitation
    • News
      • Global HR News
      • Compensation & Benefits
      • Diversity
      • Events
      • Gen Y
      • Hiring & Firing
      • HR & Labour Laws
      • Learning & Development
      • Merger & Acquisition
      • Performance Management & Productivity
      • Talent Management
      • Tools & Technology
      • Work-Life Balance
    • Special
      • Cover Story
      • Editorial
      • HR Forecast 2024
      • HR Forecast 2023
      • HR Forecast 2022
      • HR Forecast 2021
      • HR Forecast 2020
      • HR Forecast 2019
      • New Age Learning
      • Coaching and Training
      • Learn-Engage-Transform
    • Magazine
    • Reports
      • Whitepaper
        • HR Forecast 2024 e-mag
        • Future-proofing Manufacturing Through Digital Transformation
        • Employee Healthcare & Wellness Benefits: A Guide for Indian MSMEs
        • Build a Future Ready Organisation For The Road Ahead
        • Employee Experience Strategy
        • HRKatha 2019 Forecast
        • Decoding and Driving Employee Engagement
        • One Platform, Infinite Possibilities
      • Survey Reports
        • Happiness at Work
        • Upskilling for Jobs of the Future
        • The Labour Code 2020
    • Conferences
      • Leadership Summit 2025
      • Rising Star Leadership Awards
      • HRKatha Futurecast
      • Automation.NXT
      • The Great HR Debate
    • HR Jobs
    WhatsApp LinkedIn X (Twitter) Facebook Instagram
    HR KathaHR Katha
    Home»News»IR & Labour Laws»Denying leave encashment is violation of employee’s constitutional right: Gujarat HC
    IR & Labour Laws

    Denying leave encashment is violation of employee’s constitutional right: Gujarat HC

    Earned leave encashment is like salary, and depriving a retired employee of the same goes against their constitutional right
    HRK News BureauBy HRK News BureauJanuary 7, 20252 Mins Read28401 Views
    Share LinkedIn Twitter Facebook
    Pensionary benefits
    Share
    LinkedIn Twitter Facebook

    Employee’s leave encashment is just like their salary, and therefore, their property, observed the Gujarat High Court. According to the Court, denying their earned leave encashment tantamount to violating the employee’s constitutional right.

    The petition was filed by the Ahmedabad Municipal Corporation (AMC) against a labour court’s order to pay leave encashment to a retired employee, Sadgunbhai Solanki, a junior clerk.

    As per a ToI report, Justice MK Thakker dismissed the petition upholding the labour court’s directive saying no employee’s leave encashment can be held back without a valid statutory provision. Employees are free to accumulate their earned leave and it is their right to encash the same.

    Solanki had reportedly joined the Corporation in 1975 in the technical department. While he had become a junior clerk by 2013, he was demoted to the role of helper when he failed to pass a promotional exam of the department. He resigned in March 2013, but his resignation was not officially accepted for seven months, saying it was mandatory to give a one-month notice period for acceptance of resignation. With the matter being left unresolved, Solanki retired in April the next year, that is, 2014.

    However, when Solanki tried to encash his earned leave, the Corporation refused to do so. Solanki was due to be paid about Rs 2.80 lakh towards earned leave. The Corporation maintained that Solanki had been on unauthorized leave post putting in his resignation.

    The Gujarat HC, however, ruled in Solanki’s favour protecting his entitlements under the Constitution.

    In May 2024, the Bombay High Court had also affirmed that leave encashment is akin to a salary, which constitutes property under the law. The Court had, at the time, stated that depriving a person of this property without statutory provision violates Article 300A of the Constitution, which ensures no person is deprived of property without legal authority. This decision came in response to a case involving former employees of Vidarbha-Konkan Gramin Bank, who were denied leave encashment.

    accumulated earned leave Ahmedabad Municipal Corporation AMC cannot deny property under law Constitution earned leave Employee employer Gujarat HC Gujarat High Court HR Human Resources junior clerk justice Justice MK Thakker law Leave Encashment leave encashment is constitutional right leave encashment is like salary Sadgunbhai Solanki salary is property Solanki Workforce
    Share. LinkedIn Twitter Facebook
    HRK News Bureau

    Leave A Reply Cancel Reply

    Related Posts

    Mayntra’s internal restructuring to take away 50 jobs

    February 9, 2026

    Thales to hire 450 in India, 9000 globally

    February 9, 2026

    KISNA’s new office to accommodate 130

    February 9, 2026

    Mithun Mukherjee appointed director-TA, Zensar Technologies

    February 9, 2026
    Editorial

    Gen Z doesn’t follow leaders — they follow crowds

    A manager at a Bengaluru tech company noticed something odd. Her Gen Z team routinely…

    Why “Remove HR” goes viral every few years, and why it never happens

    Last week, workforce strategist Amanda Goodall reignited the cycle by calling to “remove 90 per…

    EDITOR'S PICKS

    Is age-based exit outdated in the longevity economy?

    February 9, 2026

    Gen Z doesn’t follow leaders — they follow crowds

    February 9, 2026

    Union Budget 2026-27: 15 key takeaways for HR, workplaces & employees

    February 6, 2026

    The meeting that should have been an email (and vice versa)

    February 6, 2026
    Latest Post

    Mayntra’s internal restructuring to take away 50 jobs

    Layoff February 9, 2026

    Myntra has carried out an internal restructuring that directly affects employees in its Gurgaon satellite…

    Thales to hire 450 in India, 9000 globally

    News February 9, 2026

    Thales, a global company dealing in defence, aerospace, and digital security technologies, is gearing up…

    KISNA’s new office to accommodate 130

    Employee Benefits & Welfare February 9, 2026

    KISNA Diamond and Gold Jewellery, the flagship jewellery brand of the Hari Krishna Group, has…

    Boeing workforce reshuffle will cause 300 job cuts

    Layoff February 9, 2026

    Boeing is planning to lay off about 300 employees from its defense division’s supply-chain group,…

    Asia's No.1 HR Platform

    Facebook X (Twitter) Instagram LinkedIn WhatsApp Bluesky
    • Our Story
    • Partner with us
    • Career
    • Reach Us
    • Exclusive Features
    • Cover Story
    • Editorial
    • Dive into the Future of Work: Download HRForecast 2024 Now!
    © 2026 HRKatha.com
    • Disclaimer
    • Refunds & Cancellation Policy
    • Terms of Service

    Type above and press Enter to search. Press Esc to cancel.