Section 49 in Sikkim Shops and Commercial Establishments Act, 1983
49.
(1)Every person employed in any establishment shall be entitled, after twelve months' continuous service, to holidays with wages for a period of twenty days, in the sub sequent period of twelve months. provided that such holidays with wages may be accumulated upto a maximum period of sixty days.Explanation. - For the purpose of this sub-section any continuous period of service proceeding the date on which this Act applies to any establishment shall also count, subject to a maximum period of twelve months.(2)Every person employed in any establishment shall also be entitled during his first twelve months of continuous service after the commencement of this Act, and during every subsequent twelve months of such service(a)to leave with wages for a period not exceeding 12 days, on the ground of any sickness incurred or accident sustained by him; and "(b)to casual leave with wages for a period not exceeding 12 days on any reasonable ground.(3)If a person entitled to any holidays under sub-section (l) is discharged by his employer before he has been allowed the holidays, or if having applied for and been refused the holidays, he quits his employment before he has been allowed the holidays, the employer shall pay him the amount payable under this Act in respect of the holidays.(4)If a person entitled to any leave under sub-section (2) is discharged by his employer when he is sick or suffering from the result of an accident, the employer shall pay him the amount payable under this Act in respect of the period of leave to which he was entitled to at the time of his discharge, in addition to the amount, if any, payable to him under sub-section (3) or under any other provision of this Act.(5)A person employed shall be deemed to have completed a period of twelve months' continuous service within the meaning of this section, notwithstanding any interruption in service during those twelve months brought about(i)by sickness, accident, or authorised leave (including authorised holidays) not exceeding ninety days in the aggregate for all three;(ii)by a lock-out; or(iii)by a strike which is not an illegal strike; or(iv)by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate; and authorised leave shall be deemed not to include any weekly holidays or half-holidays allowed under this Act which occurs at the beginning or the end of an interruption brought by the leave.(6)A person employed in a hostel attached to a school or college or in an establishment maintained in a boarding school in connection with the boarding and lodging of pupils and resident teachers shall be allowed the privileges referred to in subsections (1) to (5), reduced however proportionately to the period for which he was employed continuously in the previous year or to the period for which he will be employed continuously in the current year as the case may be; and all references to periods of holidays or of leave in sub-sections (1) and (2) shall be construed accordingly, fractions of less than one day being disregarded.(7)The State Government shall have power to issue directions as to the manner in which the provisions of sub-section (6) shall be carried into effect in all or any class of cases or in any particular case.
