banner_ad

SC: Earned leave cash is not ‘basic wage’

Labour & Industrial 1998 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
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details
Company
26 May 2026
Senior Accountant cum purchase Manager

Vardhaman Group of India

Pimpri Chinchwad

CA Inter

View Details
Company
22 May 2026
Audit assistant

Displayandbeyond

Mumbai

CA

View Details
Company
22 May 2026
Sr. Financial Analyst - Consolidation

Search Synergy

Mumbai

CA

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 23 May 2026
Article Assistants

Acupro Consulting

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 15 May 2026
ARTICLE ASSISTANT, TRAINEE AND PAID ASSISTANT

YOGESH KAPOOR AND ASSOCIATES

New Delhi

B.Com

View Details