He is much entiltled to receive the EL encashment at the last wages drawn .Pls refer section 79 of the factories act as;
This is clearly defined in the section 79 of the Factories Act,1948 ,excerpts of which are reproduced hereunder for your kind reference please as;
79.Annual leave with wages : (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of—
i)if an adult, one day for every twenty days of work performed by him during the previous calendar year;
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(5) If a worker does not in any one calendar year take the whole of the leave allowed to him ,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 30 (thirty)in the case of an adult :
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-sections (
and (9) shall be entitle to carry forward the leave refused without any limit.
(6)A worker may at any given time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin,to take all the leaves or any portion thereof allowable to him during the calendar year:
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Provided further that the number of times in which leave may be taken during any year shall not exceed three.
So what ever data you have provided makes you liable to pay 18days as encashment towards EL at the time of saperation from the services.
hope it clears your point.
