Do we need to give compensatory holiday once any gazzetted hoilday falls on Sunday

Dear All,
Please suggest in this year 2020 few gazzetted holiday is falling on sunday, thats why employee is getting only 09 holiday inspite of 12 mandatory holidays.
As per Law please suggest how to define and what to execute in this year 2020.

Normally the law of holidays (state's industrial Establishments National and Festival Holidays Act or Shops and Commercial establishments Act) would provide for mandatory national holidays which are to be observed without fail and a few festival holidays which are at the discretion of the management and employees. Accordingly, it should be like, an establishment should observe holiday on 26th January, 1st May, 15th August and 2nd October and such other 5, 6 or 9 (depends upon he state rule) holidays for festivals that the employer and employee decide. Here, since the national holidays are fixed by specifically naming by date, if any of it falls on a holiday/ weekly off day, you need not give another compensatory holiday. Only festival holidays can be flexible and it can be fixed in consultation with employees every year.

You need to refere your state act/rules deals with national & festival holidays. The management has to go by the dictation of the rules & act.
In general the national & festival holidays either under state's industrial Establishments National and Festival Holidays Act or Shops and Commercial establishments Act.
The national holidys includes 26th January, 15th August and 2nd October and other holidays covers under festival holidays. The festival holidays are being choosen considering the locality and the community of workmen enaged in establishment in consultation with union if any.
There is nothing as substitution but payment in addition is paid where, if any holidays lost on account of weekly holiday.

If your weekly off day is "Sunday" and any gazetted holiday or festival holiday falls on Sunday, then there is no Law in India, making it mandatory to grant compensatory holiday to employee.
- Shobhit Kumar Mittal
Labour & Industrial Law Advisor
8077779793, 9319956443