Is It Mandatory to Give a Holiday on A.P. Formation Day? Seeking Clarification from Peers

Please let me know if it is mandatory to provide leave on A.P. Formation Day. We have been providing a holiday for this occasion for a long time. However, I recently learned that most organizations are not granting a holiday for this day.

Thank you.

Hi Mr. Murali, it's not mandatory to provide a holiday for AP Formation Day. Even government organizations and banks are working tomorrow. 

It is not mandatory to declare a holiday based on the leaves allotted in the stipulated year. Banks, government semi-governments, and various ports are operational. Therefore, you may prefer to decide after discussing with your management. Regards.

I do not know about the industrial relations front and union scenario in your establishment. However, an employer who is withdrawing a facility like a holiday, which has been conceded for a long time, is likely to comply with Section 9-A of the Industrial Disputes Act, 1947, by giving 21 days' notice. Failing to do so amounts to a breach of the Act. Please verify this before making a decision on this issue.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Mandatory Holiday on Andhra Pradesh Formation Day

November 1st, being AP Formation Day, is a mandatory holiday under Section 31 of the Andhra Pradesh Shops & Establishments Act, 1988:

"31. Other holidays: (1) Every employee in any establishment shall also be entitled to nine holidays in a year with wages on the days to be specified by notification from time to time, by the Government which shall include the 26th January (Republic Day), 1st May (May Day), 15th August (Independence Day), 2nd October (Gandhi Jayanthi), and 1st November (Andhra Pradesh Formation Day). On every such holiday, all the establishments, either with or without employees, shall remain closed."

It's true that schools, colleges, government offices, factories, etc., function normally. Banks do not fall under the Shops & Establishments Act. The holiday anomaly has been brought to the notice of the Government of Andhra Pradesh by FAPCCI but in vain.

Regards,
Nitin K. Parekh
Member, Managing Committee,
The Federation of Andhra Pradesh Chamber of Commerce and Industry, Hyderabad