Rakesh Tiwari, J. - (1.) Heard counsel for the parties and perused the record.
(2.) The brief facts of the case are that Moolchand and Vyapari Ram were working in the Factory M/s leather Goods Factory, Dayalbagh, Agra as finishers for the last about 30 years and 45 years respectively on piece rate i.e. about 200/- per mensem. They were working on daily wages. There was no certified standing order in Factory.
(3.) It is alleged that the factory was employing about 40/50 workmen and was reportedly registered under the factories Act. Yet during their entire tenure, the said workmen and other workmen were never supplied with leave form No. 15 as required Under Rule 103 of the U.P. Factories Rules 1950. However, the payment of wages for annual leave with the wages, was adjusted each year in February on the basis of rates not based on actual earnings.;