(1) For the leave allowed to him under section 16, an employee shall be paid at a rate equal to the daily average of his total full time earnings, exclusive of any overtime earnings and the yearly bonus, but inclusive of attendance bonus, efficiency bonus and other incentive bonuses and dearness allowance and the cash equivalent of any advantage accruing by the sale of foodgrains and other articles at concessional rates, for the days on which he worked during the month immediately preceding his leave.]
(2) The State Government may prescribe —
(a) the manner in which the cash equivalent of the advantages accruing through the concessional sale to employees of foodgrains and other articles shall be calculated; and
(b) the registers that shall be maintained in an establishment for the purpose of securing compliance with the provisions of this section.
2[(3) An employee proceeding on earned leave shall on demand be given advance payment of the wages for half of period of leave and the wages for the wage period Secs. 16-17 | Bihar Shops & Establishments Act, 1953 | 21
1. Sub-secs. 8, 9, 10 re-numbered as sub-secs. 9, 10, 11 by ibid.
2. Ins. by Act 2 of 1975.
immediately preceding such leave. The wages for the remaining half period of such leave shall be payable to him alongwith wages for the first wage period after he resumes duty. The wages for the period of sick leave shall be payable to the employee alongwith his wages for the first wage period after he resumes duty.
Comments & Case-law [Absence from duty would mean that the employee had not worked during the period of absence. The principle that has to he applied in such a case is no work, no pay and not that the contract pay salary is indivisible. V. Ramachandran v. Indian Bank, 1979 (1) LLJ 122.
“Place of work” does not refer to premises. ibid.]