...Act has made exhaustive and self-contained provisions with regard to the granting of annual leave with wages to the employees to whom the said Act applies, and the effect of Section 79 is to introduce...us by the appellant.Section 79(1) occurs in Chapter VIII which deals with annual leave with wages. It provides thus:“79. (1). Every worker who has...sub-sections which deal with different aspects and make relevant provisions in regard to annual leave with wages. It is not disputed that the award purports to make provisions for privilege leave in...

...young persons and females, and grant of annual leave with wages. Employment in a manufacturing process was at one time regarded as a matter of contract between the employer and the employee and the...unreasonable restrictions upon the right of the owner of the factory. Section 79(1) provides for grant of annual leave with wages for the number of days calculated at certain rates to every worker who has...full period of employment during factory hours and for the prescribed number of days and it may appear at first sight somewhat inappropriate that the benefit of annual leave with wages should be...

....3,520.00 towards leave travel allowance, Rs.2,400.00 towards annual leave with wages based on UPASI agreement, Rs.11459/- towards encashment of unavailed leave and interest upon provident fund...contribution and interest for the arrears of salary and to direct the first respondent to pay Rs.13,675.80 towards Medical Benefits, Rs.3,520.00 towards leave travel allowance, Rs.2,400.00 towards annual leave with wages based...Medical Benefits, Rs.3,520.00 towards leave travel allowance, Rs.2,400.00 towards annual leave with wages based on UPASI agreement, Rs.11459/- towards encashment of unavailed leave and interest upon...

...annual leave with the wages according to Section 79 of the Factories Act. I have not followed the reasoning of the...learned Commissioner as to why the wages of the annual leave should be added to the wages a worker earns during a year. Section 79 of the Factories Act provides for annual leave with wages....'' 8. It is contended that since "wages" include privilege and other benefits therefore the wages during the annual leave should be added to the wages earned in the course of a year. Privilege and the benefits referred to above are like the dearness allowance or the facility of having free quarters. But I do not quite see how the annual leave with wages...

...working days in calculating the period of 240 days entitling the workmen to annual leave with wages under S. 79 of the Factories Act. Secondly, they claimed that half day's...working of the mills should be treated as full day while calculating 240 days for the purposes of computing annual leave with wages under S. 79 of the Factories Act. The...of determining the annual leave with wages under S. 79 of the Factories Act. Aggrieved the employers of the three mills, namely, Elgin Mills Company, Cawnpore Textiles, Ltd...

...the provisions regarding working hours of adult workmen. Chapter VII (Sections 67 to 77) deals with provisions regarding employment of young persons. Chapter VIII (Sections 78 to 84) deals with annual leave with wages of...D.P Mohapatra, J.— Leave granted in SLP (C) No. 12499 of 1997.2. The controversy raised in all these appeals relates to validity of the revision of...Department is with reference to other enactments also; and(vii) the classification shown in the Schedule to Rule 5 itself shows that the classification is discriminatory and...

...working hours and on the employment of young persons and females, and grant of annual leave with wages.”16. The backdrop of legislation and the subsequent...Umesh C. Banerjee, J.— Leave granted.2. Since the decision of the Privy Council in Khwaja Nazir Ahmad (King Emperor v. Khwaja Nazir Ahmad (1944) 71...aspect of the case is to be found in the resultant interference by the court with the duties of the police. Just as it is essential that everyone accused of a crime should have free access to a court...

...annual leave with wages, weekly working hours, weekly off and daily wages register, over time register etc. and even the contractor who has been running canteen has been asked to do needful in terms of...produced by the contractors before the Deputy Labour Commissioner and that working hours had already been displayed with and that contractor has already been asked to produce register for annual leave with wages. When...annual leave with wages, weekly working hours, weekly off and daily wages etc. which never seems to have been produced within the time before the Inspector of Factories, though it has been claimed by the...

...worker. A home worker would be entitled, therefore, to annual leave with wages and wages during leave period among other things. In the Maharashtra Beedi and Cigar Workers (Conditions of Employment...manufacturer. It is evident that the manufacturer is concerned only with payment under the contract to the contractors, and the payment of wages to the home workers is a matter between the contractors and...benefit. Clause (f) of Section 2 of that Act defines an “employee” to mean “any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of an...

...had self-contained provisions with regard to the granting of annual leave with wages to the employees, that it had the effect of introducing standardisation in the matter of leave and that no addition..., agreement or contract of service provided for longer annual leave with wages than provided under the Chapter, the worker shall be entitled only to such longer annual leave. It was contended that the...of the limited leave that was granted by this Court while admitting the appeal.5. We shall next deal with the last question pertaining to the construction of Section 4...

...leave with wages are provided to workmen. The relevant portion of S. 79(3) to 79(5) reads as follows:“79. Annual leave with wages—(Sub-sections 1 and 2 are omitted...case of a child.Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in Sub-sees. (8) and (9) or in contravention of Sub-sec. (10) shall be entitled to carry forward the leave refused without any limit.8. Therefore, statutorily employers are bound to give annual leave...with wages. The option is given to workman either to encash or to avail leave depending upon the wishes of the workman.9. The learned counsel also submitted that similar provisions for annual leave...

...annual leave with wages, Section 31 regarding one month's wages in lieu of notice, Section 37 regarding application of Maternity Benefits Act, 1961 and the rules for rejection of beedies are...annual leave with wages. The Act does not say so. The Act provides that any fraction of leave for half a day or more will be treated as one day's full leave. Therefore, if on a calculation...26 and 27 of the Act is two-fold. First, so far as workers employed in industrial premises are concerned they are entitled to annual leave with wages provided they work for at least 20 days...

...restrictions on working hours and on the employment of young persons and females, and grant of annual leave with wages.27. In Bhikusa Yamasa Kshatriya (P) Ltd. v. Union of India...annual leave with wages. Employment in a manufacturing process was at one time regarded as a matter of contract between the employer and the employee and the State was not concerned to impose any duties.... Labour Commr. (Central) AIR 1960 SC 1068, this Court while dealing with the provisions of the Minimum Wages Act, 1948, observed that this...

...to this sub-section which lays down that when such award, agreement or contract of service provides for longer annual leave with wages than provided in this Chapter the worker shall be entitled only to...such others whose terms and conditions were more favourable than the standardised ones. That being so, if Section 79(1) intended to standardise annual leave with wages it would normally not have made...such award, agreement or contract of service provides for a longer annual leave with wages than provided in this Chapter, the workers shall be entitled only to such longer annual leave...

...), which reads thus : 12. All employees, who have completed a calendar year's service shall be allowed, during the subsequent calender year, leave with wages as under : Monthly paid employee : a) 30 days annual leave...award, agreement or contract of service, provides for a longer annual leave with wages than that provided in this Chapter, the quantum of leave, which the person employed shall be entitled to, shall be...the Government of the State of Gujarat or the Government of the State of Maharashtra. 15. Clause 6.0 to 6.4.0 of the NCWA provides thus : 6.0 ANNUAL LEAVE WITH WAGES 6.1.0...

...employees, who have completed a calendar year's service shall be allowed, during the subsequent calender year, leave with wages as under: Monthly paid employee: a) 30 days annual leave...law or under the terms of any award, agreement or contract of service. Provided that if such award, agreement or contract of service, provides for a longer annual leave with wages than...Government of the State of Maharashtra. 15. Clause 6.0 to 6.4.0 of the NCWA provides thus: 6.0 ANNUAL LEAVE WITH WAGES 6.1.0...

...agreement vi (r-1/1). clause 6 of the agreement makes the provision of annual leave with wages. Clause 6.1 lays down that annual leave with wages will be continued to be governed by the...favourable. Clause 6.3.0 deals with the provision of accumulation/earned leave/annual leave with wages. It is provided therein that existing provision relating to accumulation of earned leave/annual leave...section 52 of the Mines Act. section 52 of the mines act is quoted below: -"52. Annual leave with wages. - (1...

...inspection, it was found that the annual leave with wages of workers was not calculated and credited to their account. Further, it was observed that the workers were working without wearing personal...complied with and taken necessary steps in order to fulfill the requirements as observed in the show cause notice has acquitted the accused i.e, respondents 1 and 2. The evidence of PW.1 has not been...

...for maintaining the health, safety, welfare, working hours, annual leave with wages etc,. A small scale factory such as the one established by the petitioner is expected to satisfy these requirements...defined in the Factories Act, 1948, should comply with the requirements of the said Act. This Act contains provisions...

...of conditions of service in future under the new employer. 8. Now, coming to the Factories Act, the subject of annual leave with wages is covered by Chapter VIII of the Act.... Sections 79 to 82 in this Chapter make provision for annual leave with wages, wages during leave period, payment in advance in certain cases and mode of recovery of unpaid wages. Section 78 (1), however...(including settlement) or contract of service; Provided that if such award, agreement (including settlement) or contract of service provides for a longer annual leave with wages than...