Is Election Day in Mumbai a Mandatory Holiday or Can We Offer Flexible Voting Hours?

Dear Fraternity Members,

We have an election in Mumbai on 20th May. Is it a mandatory holiday declared by the government? Or can employees have flexible hours to vote? Also, please suggest arrangements for out-of-station employees. If anyone has a copy of the circular/notification, please share the same.

Many thanks for considering my request.

Ruchi Shah

Election Day Leave Guidelines

The Election Commission has already directed the concerned officers, i.e., Labour Commissioners, Inspectors of Factories, and Boilers, etc., to grant leave with wages to all employees in private establishments and factories on election day following Section 135B of the People's Representation Act.

Flexible Working Hours for Continuous Process Establishments

For establishments that operate 24/7 where a continuous process is involved, the absence of an employee could cause a significant loss to the organization. These establishments can have flexible working hours on election day.

Arrangements for Outstation Workers

In the case of outstation workers, holidays shall be given on the dates they have elections in their respective states.

As per the notification, it's a mandatory holiday.

The notification attached by Yaasmin is not meant for private establishments but pertains to holidays declared pursuant to the Negotiable Instruments Act. However, the fact is that election day is a holiday for private establishments in the constituency. It is to be noted that the word "holiday" is used in place of "leave with salary," and it should be interpreted as leave with salary only. If all the employees in an establishment located in a constituency where an election is held are from some other place where the election is held or is to be held on a different date, there is no meaning in closing down that establishment just on account of an election.

Section 135 B

Section 135 B only says that "every person employed in any business, trade, industrial undertaking, or any other establishment and entitled to vote at an election to the House of the People or the Legislative Assembly of a State shall, on the day of poll, be granted a holiday." This shows that employees entitled to vote shall be given a holiday, and it does not say that the establishment should be closed on account of the election. You can run your establishment with employees who do not have an election. But the Negotiable Instruments Act, which applies to government services and the banking and finance-related sector, requires that such offices should not function. Declaring a holiday to an establishment is different from allowing or granting a holiday to an employee.

To my understanding, the notification does not declare the voting day as a public holiday for those in private employment. To my knowledge, it is impossible for any public authority to be vested with such powers. All that is required is that employees/workers be allowed flexi-timing to cast their votes.