Hi Gopan,
Mr. Peer Mohammed has provided a link. Please go through that and then let's discuss. We are discussing the calculation of leave encashment amount, not about PL/EL. I have not come across any such Supreme Court judgments that state encashment is based on Gross salary. The situation in Tamar & CO vs. employees way back in 1998, which led to the Supreme Court judgment in that case, was due to a consolidated salary payment from which all deductions were made before calculating the encashment amount. The Supreme Court stated that gross salary should be used for calculation, not the NET salary. Generally, for encashment purposes, Basic + DA is considered, not Gross. Additionally, eligible days are calculated based on 30 days, not 26 days, because leave is earned for the number of days of attendance, including off days, not just worked days.
Please refer to the Factories Act 1948 for clarity.
Regards,
Gopan