(1) Every employee ma beedi and cigar industrial premuses shall be allowed in a calendar year Icave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year.
Eaplanation.—The leave admissible unde: this sub-section sball be exclusive of all holidays whether occurring during or at the beginning or at the end of the period of leave.
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(2) In calculating leave under this section any fraction of leave of half a day or more shall be treated as one full day’s leave and any fraction of less than half a day shall be omitted.
(3) An application by an employee for the whole or any portion of the leave allowed under sub-section (1) or sub-section (2) shall be in writng and ordinarily be made sufficiently in advance of the date on which he washes his leave to begin.
(4) Ifthe employment of an employee who is entitled to leave under sub-section (1), 1s terminated by the employer before he has taken the entire leave to which he 1s entitled o1 if having applied for leave he has not been granted such leave or if the employee quits his employment before he has taken the leave, the employer shall pay him the amount payable under section 14 in respect of leave not taken, and such payment shall be made, where the employment of the employee is terminated by the employer, before the expiry of the second working day after such termination and where the employee quits his employment on or before the next pay day.
(5) The leave not availed of by an employee shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
(6) Ifan employee does not in any one calendai year take the whole of the leave allowed to him under sub-section (1), any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty.
14, Wages dung leave period.—(1) For the leave allowed to him under sub-section (1) of section 13 an employee shall be paid at a rate ¢qual to the daily average of his total full time earnings for the days on which he worked during the month immediately preceding his leave, exclusive of any overtime and bonus, but inclusive of dearness allowance,
(2) An employee who has been allowed leave for not less than four days shall, before his leave begins, be paid wages due for the period of the leave allowed,