Section 51. Annual leave With wages

(2) For the leave allowed to a person employed in a mine who is paid by tho month or week he shall bo paid at a r;itc equal to his normal daily \\a«es during the week preceding his leave, and in computing such wiv^es the cash equivalent of tho advantage accruing to him through the frco issuo of food grains and any compensation in (ash drawn by him shall also be taken into account. SBO. 1] THE GAZETTE OF INDIA EXTBAQWNA&y 173 (1) if he is an employee paid by the month, fourteen days for such period of twelve months; (ii) if ho is an employee paid by the week, or a loader, or other person employed below ground on a piece-rate basis, seven days for such period of twelve months. (2) The twelve months' continuous service referred to in sub-section (J) shall be deemed to have be=jn completed,— (a) in the case of u loader, or other person employed below ground on A pieco-rate basis, if he has during the sr.id period of twelve months put in not less than one hundred and ninety attendances at the mine; (b) in the case of n poraon employed above ground on n piece-ruto bnsis or in the case of any other person who is paid by the month, week or day, if he has during tho stvd period of twelve months put in not less than two hundred and sixty-five attendances at the mine. Explanation. —Tu eithtr of the above cases the period of leave shall be inelusive of the weekly dnvs of rest und any holiday (if granted) which may occur during such period. (.?) If any person employed in a mine who is paid by the month does not it) any onf such period of twelve months take the whole of the leave sdlowc-d tn him under sub-section (7), any leave not token by him shall be added to the leave to be allowed to him under that sub-section in tho succeeding period of twelve months' 51. Annual leave With wages.— (1) Every person employed in a mine who has completed a period of twelve months' continuous service therein shall be allowed, during the subsequent period of twelve months, leave with full pay or wages based on the average pay or wages for the twelve months immediately preceding thu leave, as provided in section 52, und such leave shall be calculated nt tho rate of— .Provided that the total number of days of leave winch may be accumulated by any such person '•hall nc.l exceed twenty-eight do^s in all. ' THE GAZETTE'OP WDtA EXTBAOttDJttAfcX [Pure It (4) Any suoh person niiiy, during any suoh period of twelve mouths, apply in writing to the manager of the mine, not less than fifteen full working days befon> the day on which he wishes Iiia leave to begin, for all leave or any portion thoAvof allowable to him during th;it period under mib-sections (1) and (3). (J) No application for leave made in accordance with the provisions of this suction shall ordinarily be refused, unless the authority empowered to grant the leave is of the opinion that owing to the exigencies of the situation the leave should be refused. (C) If any person entitled to leave under this section is discharged from the mine beforo he has taken or has been allowed t» take the entire leave to whieh ht- is entitled, the owner, agent or manager of the mine shall pay to him the pny or wages payable under section 51 in respeet of the leave not taken and such paymont shall bo made before the expiry of the- socond working day after the day tm which his employment is terminated. Explanation 1. —For the purposes of this section, a person shall be deemed to have completed a period of continuous service in a mine, notwithstanding any interruption of service during that period brought about by— (i) sickness, accident or authorised leave not exceeding in the aggregate one-sixth of that period, or (») a strike, which is not an illegal strike, or (Hi) a lock-out, or (»v) one or more periods of involuntary unemployment not oxceeding in the aggregato one-twelfth of the period, or (v) leava admissible or granted under any other law. Explanation 8.— Authorised leave shall include any casual absence dnj tu any reasonable causo; .Provided that the person concerned, within a week from the commencement of the absence, gives the reasons for such absence in writing to the owner, agent or manager of the mine, and any such period of authorised leave may include periods of unauthorised leave not exceeding in the aggregate one-thirty-aixth of the period of continuous service, but not weekly days of rest allowed under section 26 which occurs at the beginning or end of an interruption brought about by the leave. Explanation 3.- —"Illegal shrike" means a strike which is an illegal strike within the meaning of flection 24 of the Industrial Disputes Act, 1947 (XIV of 1947) or of any other law for the time being in for3e. 52. Wages during leave period. —(I) For the leave allowed to a loader, or other person employed below ground on a piece-rate basis, he shall bo paid at 1* rate equal to the dnily average of his earnings far the month of December prior to hiB leave: Provided that if no such average earnings are available, then the average shall bo computed on the basis of the daily average eurnings of all persons similarly employed for the same month, and for the purpose of such computation the cash equivalent of the advantage accruing to such persons through the free issue of food grains and any compensation in cash drawn by them during the said month shall be taken into account.