Bare ActsThe Bihar Shops & Establishments Act, 1953

Section 3

Ins

Amendment status not verified — confirm the current text below against the official source.

Ins. by Act 2 of 1975. 1[(9) If the employment of an employee who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the employer before he has taken the entire leave to which he is entitled or if, having applied for and having not been granted such leave, he quits his employment before he has taken the leave, the employer shall pay him the amount payable under section 17 in respect of the leave not taken, and such payment shall be made before the expiry of the second working day after the day on which his employment is terminated and to an employee who quits his employment on or before the next pay day. Explanation 1.— “Illegal strike” means strike which is held by the State Government to be illegal within the meaning of section 24 of the Industrial Disputes Act, 1947 (XIV of 1947), or of any other law for the time being in force relating to industrial disputes. Explanation 2.— “Calendar year” shall mean a year from the first day of January to the thirty-first day of December. (10) If an employee wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave if the application for leave is not made within the time specified in sub-section (6) and in such a case wages as admissible under section 16 shall be paid not later than fifteen days. (11) The unavailed leave of an employee shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.] 2[16A. Other kinds of leave.— (1) Every employee in an establishment shall in addition to the leave admissible under section 16, be entitled to — (a) Casual leave with full pay for 12 days in a Calendar year; and (b) Sick leave on half pay for 12 days in a Calendar year on production of a medical certificate : Provided that the casual leave or the sick leave shall not be accumulative. (2) Care-takers, guards and watch men, who have been in continuous employment of a period of 12 months or more shall, beside being entitled to leave provided for in section 16, and sub-section (1) of this section, be entitled to 45 days leave with full pay for every completed 12 months of continuous service.

Section 3 – The Bihar Shops & Establishments Act, 1953 | DailyLaw.ai