Calculation Of Annual Leave During Suspension

we have suspended a worker in the month of jan2008 ,lateron issued chargesheet and conducted domestic enquiry.finally his services were terminated on 29 nov 2008.my query is how we will calculate his annual leave during suspension period.whether he will be eligible annual leave for suppension period for encashment during full and final settlement.we are a factory and all leaves are given as per factories act.
tks
j s malik

You took 11 months to complete the enquiry?
Since he has not been reinstated, no annual leave will accrue in his case. Leave under Factories Act is earned only when he works. Since he has not worked not eligible for earned leave. However, any leave in his credit (balance) shall be paid to him.
Regards,
Madhu.T.K

Dear Madhu,When an establishment comes under the Shop & Establishment act, then the same procedure should be followed or something different.Plz Explain.RegardsRanjeet

Under Shops and Establishments Act also leave is credited only on the basis of actual days worked in the preceding year.
Regards,
Madhu.T.K