Dear Vidya,
It is correct that there is no provision in any of the labor laws which entitles any employee/worker to encash his/her leaves in between the period of employment. While making full and final payment, the earned leave encashment is made according to the Factories Act or State Shop Act, whichever is applicable, up to the maximum limit under these Acts. It is calculated at the rate of the last drawn salary/wages. According to the definition as laid down under section 2(21) of the Payment of Bonus Act, 1965, the bonus is to be paid on the basic wage plus dearness allowance. Free food allowance/food is also considered if provided as part of wages to the employee. We have to go through the definition of wages in cases where there is a bifurcation in salary components only. Otherwise, where there is daily or consolidated monthly wage determination, there is no dispute regarding the calculation of benefits for the employees.
Opinion submitted as per your request.
Regards,
R.N. Khola
Sr. Associate
Regards