The Govt. of Maharashtra Ministry of Industries, Energy & Labour Department vide Notification dated 15/03/2019 declares Public Holiday on account of General Election of 2019 in the concerned parliamentary constituency. As per clause 3 of the said circular it has been stated that, under unavoidable circumstances the company may run the unit by giving 2-3 hours concession for casting votes to the employees subject to prior permission of the District Collector or Commissioner of Corporation. Ensure that, no one is remain to cast voting. Accordingly we submit letter to the Collector office, it has been advice us to give copy to Labour Commissioner and seek permission from him. We approach Labour Commissioner and submit letter for permission. The commissioner has shown similar notification of State Govt. of Maharashtra dated 27/03/2019, wherein public holiday is declares on account of general election but the above permission clause not incorporate in the circular.
Considering the necessity of the company we requested Authority to give permission to run the factory in 3rd shift from 12.00 night to 8.00 a.m (other than voting time). We further assured him that, we will not deprived the benefit of public holiday in addition to that we will pay extra remuneration/substitute off to all employees, as the case may be. However, the Authority refused.
Is it legal & valid to run the unit irrespective of permission as the unit is intent to run during 3rd shift which is starting of next day of voting.