Dear Ravi,

I disagree with your point of view. Adapting law is different and violating law is different. The law vide a notification issued by the labour commissioner stipulates that 17th and 19th of October has to be declared as a holiday mandatorily. The word used is "mandate" which means there shall be no other meaning. Giving permission for one hour or getting undertaking from the employers is still a violation of the law.

When a employer asks his employee to sign a undertaking that they are willing to work, notwithstanding any language to the effect that the undertaking is voluntary, the employee is bound to sign it. So even if you get such an undertaking from the employees still you are violating the law.

Hence in my opinion, you have to necessarily grant a holiday on 17th or 19th whichever date is applicable to your organization.

Driving motor vehicle without a license is an offence, drunken driving is an offence....every violation law is an offence...u can bend it, violate it, adapt it..do anything...Nothing will happen to you as long as you are not caught!!

Regards,

Rathnakumar

Advocate

From India, Madras
Dear Sir,

Due to some technical problem i am not able to download the order issued by labour office, all i have downloaded is the notification order which is as below:

ORDER:

The Tamil Nadu State Election Commission has notified the schedule for the

ordinary elections to Local Bodies. The 1st phase of election is on Monday, the 17th

October, 2011 and the 2nd phase of election is on Wednesday, the 19th October, 2011.

The Government have decided to declare the said days of Poll as public holidays under

section 25 of the Negotiable Instruments Act, 1881 (Central Act XXVI of 1881). All

Government Offices including industrial establishments of the Government and

Government controlled bodies and all educational institutions will remain closed on

17.10.2011 in the areas where polling takes place in the first phase and on 19.10.2011

in the areas where polling takes place in the second phase.

2. Accordingly, the following Notification will be published in an Extra-ordinary

issue of the Tamil Nadu Government Gazette, dated 11.10.2011.

NOTIFICATION

Under the Explanation to section 25 of the Negotiable Instruments Act, 1881

(Central Act XXVI of 1881), read with the Notification of the Government of India,

Ministry of Home Affairs No.20-25-26, Public-I, dated the 8th June 1957, the Governor of

Tamil Nadu, hereby declares Monday, the 17th October 2011 and Wednesday, the 19th October 2011, the dates on which the poll for the ordinary election to the local bodies2011 will take place, to be public holidays, in those areas wherever such poll takes place.

(BY ORDER OF THE GOVERNOR)

Debendranath Sarangi,

Chief Secretary to Government.

From the above notification and order kindly read the bold words it is self explanatory:

In order it means and applies to only govt offices and industrial establishments of govt and govt controlled bodies and dates are specified if in your area it is on 17 you need to give only on 17, here area means area of establishment so if your company is in X area having 17 as poll date then only 17 is leave and 19 is not leave..

The same is implied in the notification and it also includes the phrase,,



, to be public holidays, in those areas wherever such poll takes place.

and in that post i already mentioned that laws should be simple and not confusing and giving opportunity for doubt.

From India, Madras
Dear sir,
Kindly go through the notification issued by the commissioner of labour. The notification under the N.I act is applicable for Government institutions and educational institutions. With respect to private establishments, the state Government has to direct the labour commissioner to declare holiday. Pursuant to the same, the labour commissioner has given the notification. If you are kind enough to peruse the same, it does not make any exception with respect to grant of holiday on 17th and 19th.
However, it is not fair for the Govt. to direct the pvt organisations to declare holiday on 17th and 19th. However, a combined reading of the N.I notification and the the notification by the Labour commissioner we can conclude that holidays to be given on the days applicable to the employer.
However, the employer cannot prevent the employees from voting on 19th.

From India, Madras
Notification of labour commissioner is in tamil and i dont understand it would be good if you can post english version of it and as far as the notification under NI act is concerned one day holiday is to be declared, but we should also understand that it is not same situation as it was 10 years ago, today private companies even if they stop operations for 2 hour they incur losses especially IT companies and BPO , foreign companies come to india only on the condition that they are assured of 24 hours service if such notifications make industry shut down for 8 hours fully it will be great loss to company , such things have great impact in future no company will outsource to india, resulting in unemployment and loss of companys profit + loss to govt in the form of taxes,

and truth is most people just want holiday just to enjoy,, there are no rules to check whether the person really voted or not,, this condition is embedded in the DOPT order No12/14/99 JCA (attached) , issued for central government offices, which itself is self explanatory, i feel govt instead of declaring full day holiday can give half day holiday so that total industry operations are not shut down... hence in my post in other thread i mentioned that instead of declaring holiday atleast out of state employees can be called for work which in any company having 100 employees there are almost 30 out of state employees who dont have voting rights ,, just following notifications blindly and following total closure, will do no good for developing india,,

From India, Madras

Attached Files
File Type: pdf Leave_Local Body Elections DOPT OM.pdf (26.8 KB, 60 views)

The notification in this thread is in English. However I am attaching the notification again for your reference.
Whether such a law is right or not beneficial is not the issue here. If you feel that such a Government order is violating your right of profession under Article 19 (1) (g) of the Constitution by filing a writ.
But the issue here is, there is a law. The question is if you don't grant paid holiday as per the law, it is a violation of the law.

From India, Madras

Attached Files
File Type: pdf LBE holiday notice from Lobour office.pdf (365.2 KB, 137 views)

Great notification thanks a lot for uploading english version,, hope emergency services are exempted, or this LAW covers them also?? Because it mentions mandatory for every employer in tamilnadu,, Any common man would not like to see their near and dear ones dying when taken to hospital and finding it closed coz doctors and nurses went to vote and full day is holiday,, or train services blocked totally because all drivers , conductors given leave, all reservation systems closed,, airports closed???? :mad: and if any of these services are running then guess labour commissioner should take action against all of them... well anyways nice discussing with u keep in touch..
From India, Madras
As far as my knowledge goes, this does not apply to essential services like hospitals. Anyways thanks for the discussion. Keep in touch Regards, S.Rathnakumar
From India, Madras
Anonymous
Hi , Can I know whether Rajyotsvam November 1 and May Day is a compulsory holiday under shops and Establishment Act in Karnataka?
From India, Bengaluru

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