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Appeal No. LHR‑4 of 1984, decided on 6th August, 1984.

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (V1 of 1968)----

‑‑‑S. Os. 8 (1) & 12 (4)‑‑Factories Act (XXV of 1934), S. 49‑B (1) & (2)‑‑Encashment of un-availed leave‑‑Employee of Punjab Agri cultural Development and Supplies Corporation after resigning claiming encashment of un-availed earned leave of 260 days‑‑Claim rejected on grounds that Leave Rules of Government Servants were applicable according to which accumulated leave lapses on quitting service‑‑No rule contrary to S.0 12(4) of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, could be framed‑ Employee, in circumstances, entitled to encashment of leave in terms of S.O. 8(1) &. S. 49‑B(1) and (2) of Factories Act, 1934 providing that 14 days can be accumulated in a year which can be added to unavailed leave of next year totalling 28‑ days‑‑Claim for encashment of full unavailed leave, held, no; tenable and employee, entitled to encashment for 28 days.

Malik Muhammad Asghar for Appellant.

Ch. Ismatullah for Respondent.

Date of hearing: 24th July, 1984.

The above captioned appeal arises 'tom the decision, dated 4‑12‑1983 recorded by the learned Presiding Officer, Punjab Labour Court No.1, Lahore, whereby the grievance petition of the appellant for encashment of earned leave was dismissed.

2. The appellant was a store‑keeper. H resigned on 16‑10‑1982. The resignation was accepted on 2‑11‑1983.He claims encashment of earned leave for 260 days. R.W. 1 said the, leave of 218 days was due. It has been argued by the learned counsel for the respondent that according to Regulation No.22 of Notification Exh. R.1, Punjab Leave Rules apply to Punjab Agricultural Development and Supplies Corporations employees and that according y Rule 31 of the Punjab Leave Rules, accumulated leave lapse on quitting service. Exh. R.2 is not the copy of the Government Servants Ribs but of Civil Servants Rules, so are not applicable to the appellant Standing Order 12(4) of Standing Orders Ordinance, 1968, provides the, on termination of service earned leave can be en-cashed. No rule contrary to the provisions of Standing Order 12(4) can be framed. In nation to leave Standing Order 8(1) makes reference to the Factories ct. Section 49‑B(1) and (2) of the said Ordinance provides that 14 d is can be accumulated in a year which can be added to un-availed leave of next year totalling 28 days. So, I do not find any force in the argument of the learned counsel for the appellant that full un-availed leave can be en-cashed. The appellant is entitled to encashment of 28 days leave only.

3. As a result, the appeal is partly accepted and setting aside the impugned decision of the learned lower Court, he respondent is directed to 28 days' wages on account of encashment of accumulated leave to the appellant.

A. E.

Appeal partly accepted.

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