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79.

ANNUAL LEAVE WITH WAGES:-

Working days includes lay off, maternity leave (12 weeks), leave earned in the year prior. But he shall not earn leave for these days. Admissible annual leave shall be exclusive of all holidays whether occurring during or at either end of the period of leave. If worker is joining in a factory other than January, shall be entitled to leave with wages if he has worked for two-thirds of the total number of days in the remainder of the calendar year. If a worker is terminated by the employer, discharged or dismissed, quits his employment or is superannuated or dies while in service, he or his heir or nominee shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified even if he had not worked for the entire period specified him eligible to avail of such leave, and such payment shall be made:-

Worker is discharged or dismissed or quits Before the expiry of the second working day employment from the date of such discharge, dismissal or quitting Worker is superannuated or dies while in Before the expiry of two months from the service date of such superannuation or death.

In calculating leave, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted. A worker may at any time apply in writing to the manager not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any

portion thereof allowable to him during the calendar year, Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service. Provided further that the number of times in which leave may be taken during any year shall not exceed three. If a worker wants to avail himself of the leave with wages due to him to cover a period of illness; he shall be granted such leave even if the application for leave is not made within the time and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave. The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.

80. WAGES DURING LEAVE PERIOD. (1) A worker shall be entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately preceding his leave (Basic pay + Dearness allowance), exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles. (2) The cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles shall be computed as often as may be prescribed, on the basis of the maximum quantity of food grains and other articles admissible to a standard family.