Leave For Workers & Staff In Factory

Hi.. everybody...
I have been working for a pvt. ltd. company which provide leaves as per the factory act (HR says) to the staff and workers. The factory and office is in same premises
We are getting 20 days leaves (13 EL + 7 SL). The HR says to the staff that you are getting more leaves,
Can anybody comment on this...

Dear Madhu, Since you are working in Factory, as per the Factories Act 1948 one day annual leave is to be given for every twenty days worked.(Section 79) As there are nearly 300 working days in a year, the number of earned leave cannot be less than 15. Being a factory, ESI Act should be applicable then why SL? It is not clear whether HR is clubbing both EL & SL and stating that 20 days leave is not warranted under the Factories Act. Pl. clarify the position.
KK

Hi,
Will help you on the same if your sending the your appointment letter and do let me know your list of holidays.
What about causal leaves. ?

Dear Mr. Nair,
The leaves are not clubbed, it is as I mentioned above. But the ESIC is not covered as the salary is above the limit. (30% of the employees drawing morethan Rs. 15K salary.). I have one more doubt, as the factory act is applicable in the case of leave, can we ask for the OT. We are in staff catagory and we never get the OT.
Please advice....

Dear Madhu: You would come within the definition of 'worker' as you are employed directly in a manufacturing process being carried out in the premises. Hence you are entitled to the benefits under the Factories Act, icluding OT.
KK