Presentation 1 Final IRLL DEVIKA

8/8/2019 Presentation 1 Final IRLL DEVIKA

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FACTORICES ACT, 1948.FACTORICES ACT, 1948.BY:BY:

DEVIKA SINGHDEVIKA SINGH

ANJU PARMARANJU PARMAR


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INTRODUCTIONINTRODUCTION

In India the first Factories Act was passed in 1881. This ActIn India the first Factories Act was passed in 1881. This Act

was basically designed to protect children and to providewas basically designed to protect children and to provide

few measures for health and safety of the workers. Thisfew measures for health and safety of the workers. This

law was applicable to only those factories, whichlaw was applicable to only those factories, which

employed 100 or more workers. In 1891 anotheremployed 100 or more workers. In 1891 another

factories Act was passed which extended to the factoriesfactories Act was passed which extended to the factoriesemploying 50 or more workers.employing 50 or more workers.


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Definition of a FactoryDefinition of a Factory::--

Factory is defined in Section 2(m) of the Act. It means anyFactory is defined in Section 2(m) of the Act. It means anypremises including the precincts thereofpremises including the precincts thereof--

Whereon ten or more workers are working, or were working onWhereon ten or more workers are working, or were working onany day of the preceding twelve months, and in any part of whichany day of the preceding twelve months, and in any part of whicha manufacturing process is being carried on with the aid ofa manufacturing process is being carried on with the aid of

power, or is ordinarily so carried on; orpower, or is ordinarily so carried on; or Whereon twenty or more workers are working, or were workingWhereon twenty or more workers are working, or were working

on any day of the preceding twelve months, and in any part ofon any day of the preceding twelve months, and in any part ofwhich a manufacturing process is being carried on without the aidwhich a manufacturing process is being carried on without the aidof power, or is ordinarily so carried on;of power, or is ordinarily so carried on;

But does not include a mine subject to the operation of the MinesBut does not include a mine subject to the operation of the MinesAct,1952 or a mobile unit belonging to the Armed forces of theAct,1952 or a mobile unit belonging to the Armed forces of theUnion, a railway running shed or a hotel, restaurant or eatingUnion, a railway running shed or a hotel, restaurant or eatingplace.place.


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HIGHLIGHTS:HIGHLIGHTS:

The Factories Act, 1948 came into force on the 1st dayThe Factories Act, 1948 came into force on the 1st dayof April,1949 and extends to the whole of India. It was,of April,1949 and extends to the whole of India. It was,in fact, extended to Dadra & NagarHaveli, Pondicherryin fact, extended to Dadra & NagarHaveli, Pondicherryin 1963, to Goa in 1965 and to the State of Jammu &in 1963, to Goa in 1965 and to the State of Jammu &Kashmir in 1970.Kashmir in 1970.

The Factories Act was amended in 1949, 1950, 1954,The Factories Act was amended in 1949, 1950, 1954,1956, 1976 and 1989.1956, 1976 and 1989.

In Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the courtIn Bhikusa Yamasa Kshatriya (P) Ltd. v UOI, the courtobserved that the Act has been enacted primarily withobserved that the Act has been enacted primarily withthe object of protecting workers employed in factoriesthe object of protecting workers employed in factoriesagainst industrial and occupational hazards. For thatagainst industrial and occupational hazards. For thatpurpose.purpose.


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Employer to ensure health ofEmployer to ensure health of

workers pertaining toworkers pertaining to


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Accumulation of dirt and refuse shall be removed dailyAccumulation of dirt and refuse shall be removed dailyby sweeping or by any other effective method from theby sweeping or by any other effective method from the

floors and benches or workrooms and from staircasesfloors and benches or workrooms and from staircasesand passages, and disposed of in a suitable mannerand passages, and disposed of in a suitable manner

The floor of every workroom shall be cleaned at leastThe floor of every workroom shall be cleaned at leastonce in every weekonce in every week by washing, using disinfectant,by washing, using disinfectant,where necessary, or by some other effective methodwhere necessary, or by some other effective method

Where a floor is liable to become wet in the course ofWhere a floor is liable to become wet in the course ofany manufacturing process to such extent as isany manufacturing process to such extent as iscapable of being drained, effective means of drainagecapable of being drained, effective means of drainageshall be provided and maintainedshall be provided and maintained

Cleanliness Disposal of

wastes and effluents sec-12


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2)Dust and fume sec2)Dust and fume sec --1313

(l)(l) In every factory in which, by reason of the manufacturing processIn every factory in which, by reason of the manufacturing processcarriedcarried on, there is given off any dust or fume or other impurity ofon, there is given off any dust or fume or other impurity ofsuch a nature and to such an extent as is likely to be injurious orsuch a nature and to such an extent as is likely to be injurious or

offensive to the workers employed therein, or any dust in substantialoffensive to the workers employed therein, or any dust in substantialquantities, effective measures shall be taken to prevent its inhalationquantities, effective measures shall be taken to prevent its inhalationand accumulation in any workroom, and if any exhaust appliance isand accumulation in any workroom, and if any exhaust appliance isnecessary for this purpose it shall be applied as near as possible tonecessary for this purpose it shall be applied as near as possible tothe point of origin of dust, fume or other impurity, and such point shallthe point of origin of dust, fume or other impurity, and such point shallbe enclosed so far as possible.be enclosed so far as possible.

(2)(2) In any factory no stationary internal combustion engine shall beIn any factory no stationary internal combustion engine shall beoperated unless the exhaust is conducted into the open air, and nooperated unless the exhaust is conducted into the open air, and noother internal combustion engine shall be operated in any roomother internal combustion engine shall be operated in any roomunless effective measures have been taken to prevent suchunless effective measures have been taken to prevent suchaccumulation of fumes therefrom as are likely to be injurious toaccumulation of fumes therefrom as are likely to be injurious toworkers employed in the room.workers employed in the room.


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3)Overcrowding Artificial humidification Lighting3)Overcrowding Artificial humidification Lighting Sec.Sec.

1414

Artificial humidificationArtificial humidification

OvercrowdingOvercrowding

LightingLighting

Drinking water

Drinking water

Away by 6Away by 6 meters of any washing place, urinal, latrine,meters of any washing place, urinal, latrine,spittoon, open drain carrying salvage or effluent or anyspittoon, open drain carrying salvage or effluent or anyother source of contamination] unless a shorter distance isother source of contamination] unless a shorter distance isapproved in writing by the Chief Inspectorapproved in writing by the Chief Inspector

In every factory wherein more than 250 workers areIn every factory wherein more than 250 workers are

ordinarily employed provision shall be made for coolingordinarily employed provision shall be made for coolingdrinking water during hot weather by effective means anddrinking water during hot weather by effective means andfor distribution thereoffor distribution thereof


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4)Drinking water Spittoons.4)Drinking water Spittoons. -- Sec. 18Sec. 18

Latrines and urinalsLatrines and urinals--

Separate enclosed accommodation shall beSeparate enclosed accommodation shall be

provided for male and female workersprovided for male and female workers

Sweepers shall be employed whose primarySweepers shall be employed whose primary

duty it would be to keep clean latrines, urinalsduty it would be to keep clean latrines, urinals

and washing places.and washing places.

SpittoonsSpittoons


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Safety MeasuresSafety Measures


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Fencing of machinery secFencing of machinery sec--2121

Work on or near machinery in motion secWork on or near machinery in motion sec--2222 No woman or a young person shall be allowed to clean, lubricantNo woman or a young person shall be allowed to clean, lubricant

or adjust any part of a prime mover or of any transmissionor adjust any part of a prime mover or of any transmissionmachinery while the prime mover or transmission machinery ismachinery while the prime mover or transmission machinery isin motion, or to clean lubricate or adjust any part of any machinein motion, or to clean lubricate or adjust any part of any machineif the cleaning, lubrication o adjustment thereof would expose theif the cleaning, lubrication o adjustment thereof would expose thewoman or young person to risk o injury from any moving partwoman or young person to risk o injury from any moving parteither or that machine or of any adjacent machineryeither or that machine or of any adjacent machinery

No young person shall be required or allowed to work onNo young person shall be required or allowed to work ondangerous machines unless proper training secdangerous machines unless proper training sec--2525

Striking gear and devices for cutting off power(switchesStriking gear and devices for cutting off power(switchesfor onfor on--offoff


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Welfare MeasuresWelfare Measures


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Washing facilities secWashing facilities sec--4242

Adequate and suitable facilities for washingAdequate and suitable facilities for washing

shall be provided and maintained for the useshall be provided and maintained for the use

of the workers therein;of the workers therein;

Separate and adequately screened facilitiesSeparate and adequately screened facilities

shall be provided for the use of male andshall be provided for the use of male and

female workers;female workers; Such facilities shall be convenientlySuch facilities shall be conveniently

accessible and shall be kept clean.accessible and shall be kept clean.


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Facilities for storing and drying clothingFacilities for storing and drying clothing

secsec--4343 suitable places for keeping clothing not worn during working hours andsuitable places for keeping clothing not worn during working hours and

for the drying of wet clothingfor the drying of wet clothing

Facilities for sitting secFacilities for sitting sec--4444 In every factory suitable arrangement s for sitting shall be provided andIn every factory suitable arrangement s for sitting shall be provided and

maintained for all workers obliged to work in a standing position, inmaintained for all workers obliged to work in a standing position, inorder that they may take advantage of any opportunities for rest whichorder that they may take advantage of any opportunities for rest whichmay occur in the course of their work.may occur in the course of their work.

FirstFirst--aid appliances secaid appliances sec--4545one first aid box not less than one for every 150 workersone first aid box not less than one for every 150 workers


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CanteenCanteen-- secsec--4646

wherein more thanwherein more than 250 workers250 workers are ordinarily employed, aare ordinarily employed, acanteen or canteens shall be provided and maintained by thecanteen or canteens shall be provided and maintained by the

occupier for the use of the workers.occupier for the use of the workers.

Shelters, rest rooms and lunch roomsShelters, rest rooms and lunch rooms--secsec--4747

In every factory wherein more thanIn every factory wherein more than 150 workers150 workers are ordinarilyare ordinarilyemployed, adequate and suitable shelters or rest rooms and aemployed, adequate and suitable shelters or rest rooms and asuitable lunch room, with provision for drinking water, wheresuitable lunch room, with provision for drinking water, whereworkers can eat meals brought by them, shall be provided andworkers can eat meals brought by them, shall be provided andmaintained for the use of the workersmaintained for the use of the workers


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CrechesCreches-- secsec--4848

In every factory wherein more thanIn every factory wherein more than 11[thirty women workers][thirty women workers]are ordinarily employed there shall be provided andare ordinarily employed there shall be provided andmaintained a suitable room or rooms for the use of childrenmaintained a suitable room or rooms for the use of childrenunder the age of six years of such womenunder the age of six years of such women

Welfare OfficersWelfare Officers-- sec 49sec 49

In every factory wherein 500 or more workers are ordinarilyIn every factory wherein 500 or more workers are ordinarily

employed the occupier shall employ in the factory suchemployed the occupier shall employ in the factory suchnumber of Welfare Officers as may be prescribed.number of Welfare Officers as may be prescribed.


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Working Hours, Spread Over &Working Hours, Spread Over &

Overtime of AdultsOvertime of Adults


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Weekly hoursWeekly hours --Max 48 hours in any week.Max 48 hours in any week. Weekly holidaysWeekly holidays-- (1)(1) first day of the week (hereinafter referred to as the said day), unlessfirst day of the week (hereinafter referred to as the said day), unless--

He has or will have a holiday for a whole day on one of the three days immediately beforeHe has or will have a holiday for a whole day on one of the three days immediately beforeor after the said day, andor after the said day, and

The manager of the factory has, before the said day or the substituted day under Cl. (a),The manager of the factory has, before the said day or the substituted day under Cl. (a),whichever is earlier,whichever is earlier,--

(i)(i) Delivered a notice at the office of the Inspector of his intention to require the workerDelivered a notice at the office of the Inspector of his intention to require the worker

to work on the said day and of the day which is to be substituted, andto work on the said day and of the day which is to be substituted, and (ii)(ii) Display a notice to that effect in the factory:Display a notice to that effect in the factory:

Provided that no substitution shall be made which will result in any worker working forProvided that no substitution shall be made which will result in any worker working formore than ten days consecutively without a holiday for a whole day.more than ten days consecutively without a holiday for a whole day.

(2)(2) Notices given under subNotices given under sub--section (1) may be cancelled by a notice delivered at thesection (1) may be cancelled by a notice delivered at theoffice of the Inspector and a notice displayed in the factory not later than the day before theoffice of the Inspector and a notice displayed in the factory not later than the day before thesaid day or the holiday to be cancelled, whichever is earlier.said day or the holiday to be cancelled, whichever is earlier.

(3)(3) Where, in accordance with the provisions of subWhere, in accordance with the provisions of sub--section (1), any worker works onsection (1), any worker works onthe said day and has had a holiday on one of the three day immediately before it, that saidthe said day and has had a holiday on one of the three day immediately before it, that said

day shall, for the purpose of calculating his weekly hours of work, be included in theday shall, for the purpose of calculating his weekly hours of work, be included in thepreceding week.preceding week.


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Compensatory holidaysCompensatory holidays--

Where, as a result of the passing of an order or the making of a rule, aWhere, as a result of the passing of an order or the making of a rule, aworker is deprived of any of the weekly holidays for which provision is madeworker is deprived of any of the weekly holidays for which provision is madein subin sub--section (1) of that section, he shall be allowed, within the month insection (1) of that section, he shall be allowed, within the month inwhich the holidays were due to him or within the two months immediatelywhich the holidays were due to him or within the two months immediatelyfollowing that month, compensatory holidays of equal number of thefollowing that month, compensatory holidays of equal number of theholidays so lost.holidays so lost.


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Daily hoursDaily hours.. --Subject to the provisions of Sec. 51, no adult workerSubject to the provisions of Sec. 51, no adult workershall be required or allowed to work in a factory for more than nineshall be required or allowed to work in a factory for more than ninehours in any dayhours in any day

Intervals for rest.Intervals for rest.

periods of work of adult workers in a factory each day shall be soperiods of work of adult workers in a factory each day shall be sofixed that no period shall exceed five hours and that no worker shallfixed that no period shall exceed five hours and that no worker shallwork for more than five hours before he has had an interval for restwork for more than five hours before he has had an interval for restof at least half an hour.of at least half an hour.


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Spread overSpread over.. --The periods of work of an adultThe periods of work of an adult

worker in a factory shall be so arranged thatworker in a factory shall be so arranged that

inclusive of his intervals for rest under Sec. 55,inclusive of his intervals for rest under Sec. 55,

they shall not spread over more than ten and athey shall not spread over more than ten and ahalf hours in any day:half hours in any day:

Provided that the Chief Inspector may, forProvided that the Chief Inspector may, for

reasons to be specified in writing, increase thereasons to be specified in writing, increase the11[spread over up to twelve hours.][spread over up to twelve hours.]


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Night ShiftNight Shift..

Where a worker in a factory works on a shift, whichWhere a worker in a factory works on a shift, whichextends beyond midnightextends beyond midnight--

(a)(a) For the purposes of Secs. 52 and 53 a holiday for aFor the purposes of Secs. 52 and 53 a holiday for awhole day shall mean in his case a period of twentywhole day shall mean in his case a period of twenty--fourfourconsecutive hours beginning when his shift ends:consecutive hours beginning when his shift ends:

(b)(b) The following day for him shall be deemed to be theThe following day for him shall be deemed to be the

period of twentyperiod of twenty--four when such shift ends, and thefour when such shift ends, and thehours he has worked after midnight shall be counted inhours he has worked after midnight shall be counted inthe previous day.the previous day.


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Prohibition of overlapping shifts.Prohibition of overlapping shifts.

(1)(1) Work shall not be carried on in any factory by meansWork shall not be carried on in any factory by meansof a system of shift so arranged that more than one relayof a system of shift so arranged that more than one relayof workers is engaged in work of the same kind at theof workers is engaged in work of the same kind at thesame time.same time.

11[(2)[(2) The State Government or subject to theThe State Government or subject to thecontrol of the State Government, the Chief Inspector,control of the State Government, the Chief Inspector,may, by written order and for the reasons specifiedmay, by written order and for the reasons specifiedtherein, exempt on such conditions as may be deemedtherein, exempt on such conditions as may be deemedexpedient, any factory or class or description of factoriesexpedient, any factory or class or description of factories

or any department or section of a factory or any categoryor any department or section of a factory or any categoryor description of workers therein from the provisions ofor description of workers therein from the provisions ofsubsub--section (1)].section (1)].


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ordinary rate of wages means the basic wages plus suchordinary rate of wages means the basic wages plus such

allowances, including the cash equivalent of the advantage accruingallowances, including the cash equivalent of the advantage accruing

through the concessions] sale to workers of foodgrains and otherthrough the concessions] sale to workers of foodgrains and other

articles, as the worker is for the time being entitled to, but does notarticles, as the worker is for the time being entitled to, but does not

include a bonus and wages for overtime work.include a bonus and wages for overtime work.Restriction on double employment


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Restriction on doubleRestriction on double

employmentemployment

No adult worker shall be required orNo adult worker shall be required or

allowed to work in any factory on any dayallowed to work in any factory on any day

on which he has already been working inon which he has already been working in

any other factory, save in suchany other factory, save in such

circumstances as may be prescribed.circumstances as may be prescribed.


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In making rules under this section, the State GovernmentIn making rules under this section, the State Government

shall not exceed, of exemption under Cl. (a) of subshall not exceed, of exemption under Cl. (a) of sub--sectionsection

(2) the following limits of work inclusive of overtime:(2) the following limits of work inclusive of overtime:

i)i) The total number of hours work in any day shallThe total number of hours work in any day shallnot exceed 10 hrs;not exceed 10 hrs;

(ii)(ii) The spreadThe spread--over, inclusive of intervals for rest, shall not exceedover, inclusive of intervals for rest, shall not exceed

12 hrs12 hrs in any one day:in any one day: Provided that the State Government may, in respect of any or all ofProvided that the State Government may, in respect of any or all of

the categories of workers referred to in Cl. (d) of subthe categories of workers referred to in Cl. (d) of sub--section (2),section (2),make rules prescribing the circumstances in which, and themake rules prescribing the circumstances in which, and theconditions subject to which, the restrictions imposed by Cls. (i) andconditions subject to which, the restrictions imposed by Cls. (i) and(ii) shall not apply in order to enable a shift worker to work the whole(ii) shall not apply in order to enable a shift worker to work the wholeor part of subsequent shift in the absence of a worker who has failedor part of subsequent shift in the absence of a worker who has failedto report for duty;to report for duty;

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[(iii)[(iii) The total number of hours of work in a week,The total number of hours of work in a week,including overincluding over--time shall not exceedtime shall not exceed 60 hrs60 hrs;;

88[(iv)[(iv) The total number of hours of overtime shall not exceedThe total number of hours of overtime shall not exceed 5050hrshrs for any one quarter.for any one quarter.


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Further restrictions onFurther restrictions on

employment of women.employment of women. 1)1) The provisions of this Chapter shall, in their application to women inThe provisions of this Chapter shall, in their application to women in

factories, be supplemented by the following further restrictions, namely:factories, be supplemented by the following further restrictions, namely:

(a)(a) No exemption from the provisions of Sec. 54 may be granted inNo exemption from the provisions of Sec. 54 may be granted inrespect to any women; i.e extra workrespect to any women; i.e extra work

(b)(b) No woman shall beNo woman shall be 22[required or allowed to work in any factory] except[required or allowed to work in any factory] exceptbetween the hours of 6 a.m. and 7 p.m.:between the hours of 6 a.m. and 7 p.m.:

Provided that the State Government may, by notification in the OfficialProvided that the State Government may, by notification in the OfficialGazette, in respect ofGazette, in respect of11[any factory or group or class or description of[any factory or group or class or description offactories vary the limits laid down in Cl. (b), but so that no such variationfactories vary the limits laid down in Cl. (b), but so that no such variationshall authorize the employment of any woman between the hours of 10 p.m.shall authorize the employment of any woman between the hours of 10 p.m.and 5 a.m.and 5 a.m.

33[(c)[(c) There shall be no change of shifts except after a weekly holiday or anyThere shall be no change of shifts except after a weekly holiday or anyother holiday.]other holiday.]


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Employment of Young PersonsEmployment of Young Persons

Prohibition of employment of young childrenProhibition of employment of young children.. --NoNochild who has not completed his fourteenth year shall bechild who has not completed his fourteenth year shall berequired or allowed to work in any factory.required or allowed to work in any factory.

68.68. NonNon--adult workers to carry tokensadult workers to carry tokens.. --A child whoA child who

has completed his fourteenth year or an adolescent shallhas completed his fourteenth year or an adolescent shallnot be required or allowed to work in any factory unlessnot be required or allowed to work in any factory unless--

(a)(a) A certificate of fitness granted with reference to himA certificate of fitness granted with reference to himunder Sec. 69 is in the custody of the manager of theunder Sec. 69 is in the custody of the manager of thefactory, andfactory, and

(b)(b) Such child or adolescent carries while he is at workSuch child or adolescent carries while he is at worka token giving a reference to such certificate.a token giving a reference to such certificate.


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Annual Leave with WagesAnnual Leave with Wages


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Application of ChapterApplication of Chapter..--

(1)(1) The provisions of this chapter shall not operate to the prejudiceThe provisions of this chapter shall not operate to the prejudiceof any right to which a worker may be entitled under any other law orof any right to which a worker may be entitled under any other law orunder the terms of any awardunder the terms of any award 11[agreement (including settlement)] or[agreement (including settlement)] orcontract of service :contract of service :

11[Provided that if such award, agreement (including settlement) or[Provided that if such award, agreement (including settlement) or

contract of service provides for a longer annual leave with wagescontract of service provides for a longer annual leave with wagesthan provided in this chapter, the quantum of leave, which thethan provided in this chapter, the quantum of leave, which theworker shall be entitled to, shall be in accordance with such award,worker shall be entitled to, shall be in accordance with such award,agreement or contract of service, but in relation to matters notagreement or contract of service, but in relation to matters notprovided for in such award, agreement or contract of services orprovided for in such award, agreement or contract of services or

matters which are provided for less favourably therein, thematters which are provided for less favourably therein, theprovisions of Sees. 79 to 82, so far as may be,provisions of Sees. 79 to 82, so far as may be, shall applyshall apply.].]

(2)(2) The provisions of this chapter shall not apply to workersThe provisions of this chapter shall not apply to workers 11[in[inany factory] of any railway administered by the Government who areany factory] of any railway administered by the Government who aregoverned by leave rules approved by the Central Government.governed by leave rules approved by the Central Government.


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Every worker who has worked for a period of 240 days or more in a factoryEvery worker who has worked for a period of 240 days or more in a factoryduring a calendar year shall be allowed during the subsequent calendar year,during a calendar year shall be allowed during the subsequent calendar year,leave with wages for a number of days calculated at the rate ofleave with wages for a number of days calculated at the rate of--

(i)(i) If an adult, one day for every twenty days of work performed by himIf an adult, one day for every twenty days of work performed by himduring the previous calendar year;during the previous calendar year;

(ii)(ii) If a child, one day for every fifteen days of work performed by him duringIf a child, one day for every fifteen days of work performed by him duringthe previous calendar year.the previous calendar year.

Explanation l.Explanation l.--For the purpose of this subFor the purpose of this sub--section,section,--

(a)(a) Any days of layAny days of lay--off, by agreement or contract or as permissible under theoff, by agreement or contract or as permissible under thestanding orders;standing orders;

(b)(b) In the case of a female worker, maternity leave for any number of daysIn the case of a female worker, maternity leave for any number of daysnot exceeding twelve weeks; andnot exceeding twelve weeks; and

(c)(c) The leave earned in the year prior to that in which the leave is enjoyed;The leave earned in the year prior to that in which the leave is enjoyed;

shall be deemed to be days on which the worker has worked in a factory for theshall be deemed to be days on which the worker has worked in a factory for thepurpose of computation of the period of 240 days or more, but he shall not earnpurpose of computation of the period of 240 days or more, but he shall not earnleave for three days.leave for three days.


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worker whose service commences otherwise than on the first day ofworker whose service commences otherwise than on the first day ofJanuary shall be entitled to leave with wages at the rate laid down inJanuary shall be entitled to leave with wages at the rate laid down inCl. (i) or, as the case may be, Cl. (ii) of subCl. (i) or, as the case may be, Cl. (ii) of sub--section (1) if he has workedsection (1) if he has workedfor twofor two--thirds of the total number of days in the remainder of thethirds of the total number of days in the remainder of thecalendar year.calendar year.

If a worker is discharged or dismissed from service or quits hisIf a worker is discharged or dismissed from service or quits his

employment or is superannuated or dies while in service, during theemployment or is superannuated or dies while in service, during thecourse of the calendar year, he or his heir or nominee, as the casecourse of the calendar year, he or his heir or nominee, as the casemay be, shall be entitled to wages in lieu of the quantum of leave tomay be, shall be entitled to wages in lieu of the quantum of leave towhich he was entitled immediately before his discharge, dismissal,which he was entitled immediately before his discharge, dismissal,quitting of employment, superannuation or death calculated at thequitting of employment, superannuation or death calculated at therates specified in subrates specified in sub--section (1), even if he had not worked for thesection (1), even if he had not worked for theentire period specified in subentire period specified in sub--section (1), or subsection (1), or sub--section (2) makingsection (2) makinghim eligible to avail of such leave and such payment shall be madehim eligible to avail of such leave and such payment shall be made--

(i)(i) Where the worker is discharged or dismissed or quitsWhere the worker is discharged or dismissed or quitsemployment, before the expiry of the second working day from theemployment, before the expiry of the second working day from thedate of such discharge, dismissal or quitting; anddate of such discharge, dismissal or quitting; and

(ii)(ii) Where the worker is superannuated or dies while in service,Where the worker is superannuated or dies while in service,

before the expiry of two months from the date of such superannuationbefore the expiry of two months from the date of such superannuationor death.]or death.]


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If earned Leave is not availedIf earned Leave is not availed

If a worker does not in any one calendar year take the whole of theIf a worker does not in any one calendar year take the whole of theleave allowed to him under subleave allowed to him under sub--section (1) or subsection (1) or sub--section (2), as thesection (2), as thecase may be, any leave not taken by him shall be added to the leavecase may be, any leave not taken by him shall be added to the leaveto be allowed to him in the succeeding calendar year:to be allowed to him in the succeeding calendar year:

Provided that the total number of days of leave that may be carriedProvided that the total number of days of leave that may be carried

forward to a succeeding year shall not exceed thirty in the case offorward to a succeeding year shall not exceed thirty in the case ofan adult or forty in the case of a child:an adult or forty in the case of a child:

Provided further that a worker, who has applied for leave with wagesProvided further that a worker, who has applied for leave with wagesbut has not been given such leave in accordance with any schemebut has not been given such leave in accordance with any schemelaid down in sublaid down in sub--sections (8) and (9)sections (8) and (9) 22[or in contravention of sub[or in contravention of sub--section (10)] shall be entitled to carry forward thesection (10)] shall be entitled to carry forward the 33[leave refused)[leave refused)without any limit.without any limit.


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Sanction of earned LeaveSanction of earned Leave

A worker may at any time apply in writing to the managerA worker may at any time apply in writing to the managerof a factory not less than fifteen days before the date onof a factory not less than fifteen days before the date onwhich he wishes his leave to begin, to take all the leavewhich he wishes his leave to begin, to take all the leaveor any portion thereof allowable to him during theor any portion thereof allowable to him during thecalendar year:calendar year:

Provided that the application shall be made not less thanProvided that the application shall be made not less thanthirty days before the date on which the worker wishesthirty days before the date on which the worker wisheshis leave to begin, if he is employed in a public utilityhis leave to begin, if he is employed in a public utilityservice as defined in Cl.service as defined in Cl. (n)(n)or of Sec. 2 of the Industrialor of Sec. 2 of the Industrial

Disputes Act, 1947 (XIV of 1947):Disputes Act, 1947 (XIV of 1947):

Provided further that the number of times in which leaveProvided further that the number of times in which leaveduring any year shall not exceed three.during any year shall not exceed three.


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For period of illnessFor period of illness

if worker wants to avail himself of the leave withif worker wants to avail himself of the leave with

wages due to him to cover period of illness, hewages due to him to cover period of illness, he

shall be granted such leave even if theshall be granted such leave even if the

application for the leave is not made within theapplication for the leave is not made within thetime specified in subtime specified in sub--section(6) ; and in such asection(6) ; and in such a

case wages as admissible under Sec. 81 shallcase wages as admissible under Sec. 81 shall

be paid not later than fifteen days, or in the casebe paid not later than fifteen days, or in the case

of a public utility service not later than thirty daysof a public utility service not later than thirty daysfrom the date of the application for leave.from the date of the application for leave.


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Computation ofWages duringComputation ofWages during

leave periodleave period For the leave allowed to him under 1[Sec. 78 or Sec. 79, as the case may be], aFor the leave allowed to him under 1[Sec. 78 or Sec. 79, as the case may be], a

worker 2[shall be entitled to wages] at a rate equal to the daily average of hisworker 2[shall be entitled to wages] at a rate equal to the daily average of histotal full time earnings for the days on which 2[he actually worked] during thetotal full time earnings for the days on which 2[he actually worked] during themonth immediately preceding his leave, exclusive of any overtime and bonusmonth immediately preceding his leave, exclusive of any overtime and bonusbut inclusive of dearness allowance and the cash equivalent of the advantagebut inclusive of dearness allowance and the cash equivalent of the advantageaccruing through the concessional sale to the worker of food grains and otheraccruing through the concessional sale to the worker of food grains and other

articles:articles:

3[Provided that in the case of a worker who has not worked on any, day during3[Provided that in the case of a worker who has not worked on any, day duringthe calendar month immediately preceding his leave, he shall be paid at a ratethe calendar month immediately preceding his leave, he shall be paid at a rateequal to the daily average of his total full time earnings for the days on whichequal to the daily average of his total full time earnings for the days on whichhe actually worked during the last calendar month preceding his leave, inhe actually worked during the last calendar month preceding his leave, inwhich he actually worked exclusive of any overtime and bonus but inclusive ofwhich he actually worked exclusive of any overtime and bonus but inclusive ofdearness allowance and the cash equivalent of the advantage accruing throughdearness allowance and the cash equivalent of the advantage accruing throughthe concessional sale to the workers of food grains and other articles.]the concessional sale to the workers of food grains and other articles.]

(2)(2) The cash equivalent of the advantage accruing through the concessionalThe cash equivalent of the advantage accruing through the concessionalsale to the worker of food grains and other articles shall be computed as oftensale to the worker of food grains and other articles shall be computed as oftenas may be prescribed on the basis of the maximum quantity of food grains andas may be prescribed on the basis of the maximum quantity of food grains andother articles admissible to standard family.other articles admissible to standard family.


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Payment in advance in certainPayment in advance in certain

casescases

A worker who has been allowed leave forA worker who has been allowed leave for

not less than four days, in the case of annot less than four days, in the case of an

adult, and five days, in the case of a child,adult, and five days, in the case of a child,

shall before his leave begins, be paid theshall before his leave begins, be paid the

wages due for the period of the leavewages due for the period of the leave

allowed.allowed.


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THANK YOU !THANK YOU !

Presentation 1 Final IRLL DEVIKA

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Transcript of Presentation 1 Final IRLL DEVIKA