V The above captioned appeal arises from 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. He 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 that 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 to Rule 31 of the Punjab Leave Rules, accumulated leave lapse on quitting service. Exh. R.2 is not the copy of the Government Servants Rules but of Civil Servants Rules, so are not applicable to the appellant.
Standing Order 12(4) of Standing Orders Ordinance, 1968, provides that on termination of service earned leave can be encashed. No rule contrary to the provisions of Standing Order 12(4) can be framed. In relation to leave Standing A Order 8(1) makes reference to the Factories Act. Section 49- B(1) and (2) of the said Ordinance provides that 14 days can be accumulated in a year which can be added to unavailed 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 unavailed leave can be encashed. 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, the respondent is directed to 28 days' wages on account of encashment of accumulated leave to the appellant.