Devitk
Manager - Hr
Srinaren
Rtd. Group Vice President In Hr In Export

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Hi,
This question is pertaining to the National and Festival Holidays Act 1963. As you all know, the Independance day this year has fallen on a Sunday which is a weekly declared holiday. Since the National Holiday has fallen on a weekly holiday does we have to pay one day wages extra??
I was told that Supreme Court in one of its ruling has told that if a National Holiday has fallen on a Weekly Holiday (in this case Sunday), there is no need to pay extra wages. If any body is having the copy of the ruling, please post it or send it to my mail which would be of much help as I need to send this to our overseas buyers.
-Srinaren

From India, Bangalore
Dear Srinaren,
It is obivous that when a holiday is falling on sunday it is not calculated in the holiday list but it is considered as weekly holiday. But for that you have to compenastae the leaveon other festivals. For E.G. Independence day was on Sunday you have to compenste that leave aganist any other leave on week days.
Hope it is clear now.
Regards,
SIDMAN

From India, Madras
Hi Sidman,
Thanks for your quick response. This is governed by the National and Festival Holidays Act 1963. Any Organisation has to give 8 paid festival holidays including National Holidays. When the National holiday falls on a Sunday which is the weekly holiday, we will give 8 festival holidays including the balance National Holidays. In that case why we need to pay for the National Holiday falling on a Sunday? Also, the wages (including the minimum wages) are calculated for 30 days (i.e., including Sundays) and divided by 26 days. Is it not? I was told there is a SC ruling that if a National Holiday falls on a Sunday(Weekly Holiday), there is no need to pay a days extra wages. Can you throw some more light on this. And if you or anybody having this ruling of SC, you can forward it to me.
Regards
-Srinaren

From India, Bangalore
Hi All, It is really surprising that there is nobody who is aware of this? No response!!!??? In the big community of HR, nobody has the SC ruling on this particular subject? -Srinaren
From India, Bangalore
Dear Srinaren,
Please do not confuse.
For monthly wages we are having only 26 days working, ( 30 days a month consisting of weekly offs) so we are already paying for sunday's which is not a working day. If a national holiday fall on week days it is considered to be leave. if falls on sunday it is obviosuly is a off day.
This confusion will occur for the Daily wages or Casual labouraers under contract.
Hope this clears your confusion.
Regards,
SIDMAN

From India, Madras
Dear Sidman,
You are right! This confusion is for the daily wages in the sense ours is an apparel industry where it is daily rated but payable monthly. Now what is your suggestion/opinion.
Regards
-Srinaren

From India, Bangalore
Hi,
For workers, we are paying the salary on 26 days basis and not on 30 days. They are eligible for Independence day holiday and which is falls on sunday. To compensate that either we have to give one day weekly off or one day salary.
Regards,
Devi

From India, Madras
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