Industrial Relations And Labour Laws
Officer Hr At Western Refrigeration Pvt.
Business Development Manager
Human Resource And Organization Development
The established practice in a PSU under Central Govt. is that if an employee is a permanent employee, i.e. he is not a probationer/casual/badli/ apprentice employee, he is entitled to full wages for national holiday(s) falling in the month if the employee has put in even one day of attendance in that month. However, no wage is paid for national holiday(s) if he is absent for the entire month. I am not sure if there is any such rule in black and white, but it is followed.
Best of luck
As you mentioned, he was absent during the period from14th. August to 16th. August and you had no information. The leave without pay (LWP) will be inclusive of Holidays or Weekly Off days which may intervene.
Therefore, you can deduct three days wages.
Thanks & Regards,
Sumit Kumar Saxena
Due to national holiday on 15th of August,You can't count it as leave taken and in a National Holiday if Employee is working then as per labour laws,we should pay them double salary or Comp Off. so you can deduct the payment of rest of two days.
Rajeev Ranjan Shrivastava
DS Hotels & Resorts (India) Ltd.
" Provided that no such employee shall be entitled to be paid any wages for any of the Holidays allowed under Section 3 other than the 26th January,the 1st May,the 15th August and the 2nd October unless he has been in the service under the employer for a total period of 30 days, within a continuous period of ninety days immediately preceding such Holiday"
The Act does not specify any condition for all four National Holidays. If a person joins on 14th August, he is eligible for paid holiday on 15th august.
I reproduce certain portions of two judgements
1. Madura Coats Limited vs Inspector of factories 1981 (I) LLJ 255
" "It is true that where a strike is neither illegal being not in contravention of any statutory provision, nor unjustified having been lodged as protest against the unreasonable attitude of the management, there is no reason to deprive the workmen of their wages"
2. Dasappa vs Labour Court and another 1970(I) LLJ 485
"The proviso is applicable only to sub section (3).The word "such" used therein makes the operation restricted. If it was the intention of the legislature that the proviso should cover the entire section, the word "such" would not have been used there; the proviso would have stated a categorical proposition n by laying down "provided that no employee shall be entitled to be paid" The word " such" necessarily has reference to the two categories of employees referred to in sub section (3)
the requirement of an employer satisfying the need of service for thirty days within a continuous period of ninety days immediately preceding the holiday would apply to such workers if they were to claim their rights to wages for the Holiday There is no doubt that the explanation is only to the proviso"
hence only the following two categories need to fulfill the condition specified in the proviso
This sub-section provides for payment of wages for two categories of employees -
(1) an employee who is paid wages by the day, i.e., paid his wages at the end of each day as soon as he completes his work for the day;
(2) an employee who is paid at piece rates.
All other employees are eligible for wages for National and Festival Holidays immediately on joining.
Having said this, the question here now is whether he or she need to be paid for a Holiday, if it is sandwiched between two Loss of Pay Days.
The answer to this lies in the answer for the following question.
If an employees is on loss of pay leave for 14th august and 16th August, and if he is called to work on 15th August and if he works on 15th august, what is the rate of wages he will be paid?
The answer is he will be paid twice his normal wages.
If he has to be paid twice his normal rates of wages if he called to work on a Holiday, with same stretch of argument, it can be deduced that an employee is eligible for wages for a National or a festival Holiday even he is sandwiching the same with two Loss of Pay leave
In the Act there is no provision to 15th Aug if a person absent on 14th and 16th.
It will be the policy of management whether to give with pay or not. Legally he will be eligible for pay for 15 Aug.If it goes to the court of law, doing loss of pay will not be valid.