Authorization of Earned Leave in respect of Industrial Employees (IEs) Of Ord. Fys and Ord. Equip. Fys.
Ministry of Defence vide ID No.8/1R108/D(Fy.II) dated 25/09/2013 has clarified that the Industrial Workers employed in Ordnance factories are entitled for 30 days Earned Leave (Annual Leave) with wages. With the issuance of the clarification the provisions contained in DOP&T OM dated 20-07-1998 has become equally applicable to Industrial Employees, opted to be governed under Factories Act for Earned Leave purpose by virtue of the provisions contained in Section 78 of the Factories Act, 1948. Further, on specific queries, the Ministry confirmed that the clarification should be given effect from 20-07-1998.
In view of the above following instructions are issued for immediate implementation:
1) Entitlement of 30 days Earned .Leave for each completed year of service may be extended to IEs who are guided under Factories Act invoking provisions of Section 78 of Factories Act.
2) The benefit of calculation of leave wages as per Section 80 of the Factories Act may be extended only to those piece workers who already opted to be guided under Factories Act for EL purpose on or before 31/10/2005. No fresh option in this regard is acceptable.
3) Crediting of 30 days EL for those IEs, as specified in Para 2, may be made w.e.f. 20/07/1998 subject to maximum accumulation of 120 days upto 06/11/2006 and 300 days thereafter.
4) Calculation of leave wages of such Industrial employees, as mentioned in Para 2 and debiting of availed leave in their leave account is to be made taking into account .intervening Sunday g & Holidays as inclusive of availed leave. Hence, instead of the existing formula of P/(N-S), their leave wages may be calculated as per regular establishment i.e. taking into account the formula of P/N where ‘P’ means the Basic Pay and piece work profit actually earned in the month immediately preceding the leave. If holidays fall during the currency of the availed Earned Leave, ‘Holiday Pay’ should not be allowed separately.