Can Private Companies in Telangana Operate on Election Day While Granting Paid Leave to Voters?

Hi All, Could someone kindly clarify the Election Day holiday regulations for private companies in India (Telangana State)? Is it possible for private companies to continue operations, granting paid leave only to those eligible employees to vote? Kindly let me know. Thank you in advance.

Dear Member,

In our opinion, you are to grant paid holidays to all eligible employees in accordance with the provisions of Section 135B of the Representation of the People Act, 1951. Submitted, please.

R. N. KHOLA

Hi,

If the government has declared a holiday under the Negotiable Instruments Act, 1881, then private companies should also declare a holiday. However, the government's holiday declaration under the Negotiable Instruments Act of 1881 does not apply to private companies governed by the Factories Act of 1948, as per a ruling by the Madras High Court.

Clarification on voting leave

"What do you mean by 'granting paid leave only to those eligible employees to vote?' Is voting not common for all employees?"

Hi Lakshmi Narayanan Sir, my question is: Are only employees with voting rights in their respective constituency elections granted paid leave, while the rest continue their duties? This procedure ensures smooth organizational operations, allowing all eligible employees to participate in casting their votes in their respective constituencies.

Is this the correct procedure?

Hi, I hope you are referring to a by-election in one particular constituency? In that case, the government will not declare a state-wide holiday, only for that district. Therefore, a holiday is not required for all employees.

In some states' Acts governing holidays, like the Karnataka Industrial Establishments (National and Festival Holidays) Act, there is a provision for granting holidays with wages for employees to cast their votes in general elections and by-elections (to fill vacancies) for Lok Sabha and the State Assembly. In other places, there will be separate communication from the Chief Labour Commissioner regarding this matter. Previously, the practice was that employees should be given the opportunity to cast their votes. However, when it was discovered that the "opportunity" to vote existed only on paper and was not granted in practice, it became mandatory for establishments to declare it as a holiday in accordance with section 135B of the Representation of the People Act.

Election Day Holiday Regulations

The Election Day is declared a holiday by the government to enable working people to exercise their voting rights. The day is a paid holiday for employees who have cast their votes, whether they work in public, private, or government-run companies in the state where elections are taking place.

Please let me know if you need further assistance.

In continuation of the above views of the experts, I would like to point out that in a continuous process industry where it is not possible to declare a holiday, in many states, employees are allowed by rotation a 3-hour leave to cast their votes after the notification by the respective state government.

R R Kapoor
Vadodara