banner_ad

SC: Earned leave cash is not ‘basic wage’

Labour & Industrial 1997 views 1 replies

SC: Earned leave cash is not ‘basic wage’

New Delhi
March 24, 2008

The Supreme Court has held that the amount received by encashing the earned leave is not a part of the “basic wage” under Section 2(b) of the Employees’ Provident Fund & Miscellaneous Provisions Act requiring pro rata employer’s contribution. There were some differences in the views of various high courts on this point.

Therefore, the Supreme Court settled the issue in Manipal Academy vs Provident Fund Commissioner. The Supreme Court explained that the term ‘basic wage’ included all emolument which are earned by an employee while on duty or on leave or on holidays with wages. It can only mean weekly holidays, national holidays and festival holidays.

In many cases the employees do not take leave and encash it at the time of retirement, or the same is encashed after his death which can be said to be uncertainties and contingencies.

Though provisions have been made for the employer for such contingencies, unless the contingency of encashing the leave is there, the question of actual payment to the workman does not take place. Therefore the term ‘basic wages’ was never intended to include amounts received for leave encashment.

[Source: The Business Standard]

Replies (1)
thanks for information


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
07 June 2026
Tax Associate

Rajkumar Jain & Co.

Ahmedabad

Graduate (Any)

View Details
Company
16 May 2026
Account & Audit Asst

RAHUL KHANDEBHARAD & ASSOCIATES

Nashik

B.Com

View Details
Company
23 May 2026
Article Assistant

Geeta Manchanda & CO.

New Delhi

CA Inter

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
22 May 2026
U.S. Financial Reporting & Consolidation Manager

Karia Overseas

Ahmedabad

CA

View Details
Company
ARTICLESHIP 17 May 2026
CA Article /Trainee

Malik Sunil & co

New Delhi

CA Foundation

View Details
Company
19 May 2026
Article, CA & Paid Assistant Positions

Aggarwal Sarawagi and Co

New Delhi

CA

View Details