Labour Law & Hr Consultant
Asso.prof.(commerce & Management)
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As you may be aware, excepting the 3 national holidays which are to be compulsorily adopted by all establishments (i.e. 26th Jan, 15th Aug & 2nd Oct.) all other holidays can be modeled on holidays list published by the state govts. within the territories. Any of the said 3 Holidays if falling on weekly hoiday(s) such as Saturdays & Sundays may be excluded in Form-V. However for clarity sake, details may be indicated in the foot note. Alternatively, such holidays may be included in the holidays list as such mentioning those days also in order which will serve certain specific purposes like for those having rotational weekly off etc. For e.g. pl.see the Tamilnadu Govt. list attached which includes all such holidays including those falls on Sunday.
The primary purpose behind submission of form V to the inspector and a copy of its simultaneous exhibition in the industrial establishment under the National and Festival Holidays Act is to make the National and Festival holidays pertaining to the particular calendar year known in advance only. The fall of any of such holidays on a day of weekly holiday for the establishment or to some of the employees required to work in shifts is a matter of coincidence by chance. It has nothing to do away with the statutory obligation of the employer to comply with the submission of the form.