Entitlement of Earned Leave in respect of Industrial Employees, governed by the Factories Act 1948 working in the Departments other than Railways – CGDA Orders

Office of the Controller General of Defence Accounts
Ulan Batar Road, Delhi Cantt – 110010

No.AT/II/2188 (PC) 10/03

Dated: 19 Oct 2011

The PCA (Fys)
Kolkata

Subject: Entitlement of Earned Leave in respect of Industrial Employees, governed by the Factories Act 1948 working in the Departments other than Railways.

Reference: Your office letters No Pay/Tech-II/1058 dated 01-10-2010 and this HQrs letter even No dated 13-07-2011.

The issue of entitlement of Earned Leave in respect of Industrial Employees, governed by the Factories Act 1948 working in the Departments other than Railways was referred to MoD (Fin) for examination and issue of clarification. MOD (Fin) has examined the issue in consultation with MoD/D (Civ-II) and MoD/ D (Fy-II)/DDP and accordingly MOD Fin (DP-l), vide their notings dated 22-09-2011 has intimated that it was clearly indicated in the order dated 5.8.2005 that it would be last chance and the option given vide order dated 5.8.2005 was for changing their earlier option for purpose of leave and the employees who did not exercise their option implies that they wish to remain with their earlier option and the employees who had not exercise their option in favour of CDS (lE) Rules, 1954 means they opted to be remain governed under the Factories Act. MOD Fin (DP-I), has further observed that in view of the views given by Ministry of labour it is clear that the factories Act, 1948 and CDS (IE) Leave Rules, 1954 are two different laws and the employees cannot have benefit of both. The ‘law’ will be applicable to only such employees who chooses to opt for that.

2. Necessary action to regulate the affected cases may be taken accordingly.

sd/-
For CGDA

Copy to

1. The Chairman
10 A, S K Bose Road Ordnance,
Factory Board, Kolkata-700001 For information

2. Shri Sadhu Singh
General Secretary, BPMS

2-A, Navin Market Kanpur-208001 For information with reference to your letters No. BPMS/LEAVE/57 (7/3/L) dated 23-09-2010, 15-10-2010 and 07-06-2011.

3. Shri C. Srikumar
General Secretary, AIDEF
S. M. Joshi Bhawan, Survey No 81 Dr Babasaheb Ambedkar Road Khadki, Pune – 411 003

For information with reference to your letters No. O60/1060/CGDA/AIDEF/AIDEF/11 dated 12-04-2011.