Working On National Holiday - Working On National Holidays [Thread 568581] - CiteHR
Psdhingra
Legal Analyst, Hrm
Kishorkulkarni
Law Practice
Pvenu1953@gmail.com
Retired Government Servant/advocate
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Rajesh Kumar Dubey
Manager - Hr
+1 Other

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Dear Seniors,
due to over work i am planning to open the factory even on 15 august (national holiday) pls let me know do i need to obtain the permission from labour commissioner in this regard,
Best Regard
Aman
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All the organisations need to remain closed on the three national holidays. But in case due to some reasons if the organisation needs to be functioning on these days, they need to take prior approval from concerned authority. And the employees those are functioning are entitled to get double wages for the day, and some of the states have placed the provision to claim for compensatory leave. The matter concerning to national holidays is subject of Central Legislations, though some states do have made provisions for compensatory leave to the workers who have worked on these national holidays or paying them double wages.You may kindly refer to the National and Festival Holidays Act. Each State has its own Acts in this regard. The enforcing authority will be the State / Central Labour Department within which your company falls.
Dear Concern,
You have to take the prior permission for the concerned labour department in a written form for Open the factory... also you have to provide the w.off/comp off to those worker who are working on that day.
Dear Sir, can you pls tell me the possibility of consequences if i don’t take prior approval to work on national holiday,
Dear Aman,
If it seems that you have to run the plant , go a head and sent an information to ALC / DLC of your concerned area and if your organsation falls under the factory act make a copy to ADF Also.,
Try to get summary of all workers and staff who have to called on duty on that day, and submit your return accordingly. You must ensure that all persons called on duty must be paid double wages for particular date accordingly.
Thanks
Dear Aman
There are few states like TN and Kerala who have a passed legislation regarding compulsory observation of a holiday on national holiday. But there are many other states like Maharashtra, Karnataka and Rajsthan also who have no such legislation in respect of factories. Therefore, there needs no any permission or approval from government department to run a factory on national holiday. By keeping factory open on Independance Day, you are not committing any breach. Obviously there cannot be any adverse concequences.
Dear kishor & all,
since i have raised the thread some of the seniors are in favour of taking prior approval but kishorkulkarni is not in favour to take the prior approval for state like maharastra, Rajsthan according to him it won't amount to any consequences...... as i am getting different opinion from seniors hence it let me to be confused what to do therefore all of you are requested to provide me any case law in this regard
Thanks,
Dear Aman,

Independence day is a national holiday. It is a paid holiday. Normally the organisation has to remain closed on that holiday. However, certain essential goods and services providing & manufacturing organisations can be kept open with due exempltion allowed by the Government from closing on national holidays. Emloyees can be called to work on such a holiday, but have to be paid Over time Allowance at the prescribed rates or allowing them with a compensatory off in lieu of the holiday for their attendance to work on such holidays. But, your manufacturing concern does not seem to be producing essential goods or providing essential services to the public. So, you will have to keep your factory closed. Even if you try to approach a competent authority for getting special exemption for your factory, you are too late to do that, as today is Sunday and tomorrow is the national holiday.

So far as your subsequent requirement is concerned, where you have asked to provide you any case law in this regard, do you feel that if some one provides you any case law the possession of which would grant you general exemption from not observing national holidays. Even if case law is provided, that case law may not deter the labour inspector to challan your factory for violation of law, as implication of case laws is not of universal nature and apply only to the individual concern to which that pertains.

But, if the case laws are required to solve your law school exercise, as a law student, to be a talented lawyer, you will have to develope expertise to keep track of such legal documents for yourself, as these documents are not kept ready at hand by the serviing executives.

.
In this context, you need to refer to the provisions of Law as applicable to the State where your factory is situated.
Friends,
I tend to agree with Adv. Kishor Kulkarniji.
There is no notification by Central Government or any enactment except in some states declaring National Holidays as compulsory holidays, to my knowledge.
It was shocking to me to know that there is no order even declaring I-Day, Oct 2, Jan 26 as national festivals. Please find my post in this regards in below given link:
https://www.google.com/url?q=https:/...rmRFTeMGUZE2BQ
However, establishments falling under Shops and Establishment or falling under Negotiable Instrument Act, scenario is different.
Expert's comments are welcome.
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