Dear All,
The Government of Maharashtra Ministry of Industries, Energy, and Labour Department, vide Notification dated 15/03/2019, declares a Public Holiday on account of the General Election of 2019 in the concerned parliamentary constituency. As per clause 3 of the said circular, it has been stated that, under unavoidable circumstances, the company may run the unit by giving 2-3 hours concession for casting votes to the employees subject to prior permission of the District Collector or Commissioner of the Corporation. Ensure that no one remains to cast their vote. Accordingly, we submitted a letter to the Collector's office, and they advised us to provide a copy to the Labour Commissioner and seek permission from him. We approached the Labour Commissioner and submitted the letter for permission. The Commissioner has shown a similar notification of the State Government of Maharashtra dated 27/03/2019, wherein a public holiday is declared on account of the general election, but the above permission clause is not incorporated into the circular.
Considering the necessity of the company, we requested the Authority to grant permission to run the factory in the 3rd shift from 12.00 midnight to 8.00 a.m (other than voting time). We further assured him that we will not deprive the employees of the benefit of the public holiday. In addition, we will pay extra remuneration/substitute off to all employees, as the case may be. However, the Authority refused.
Is it legal and valid to run the unit irrespective of permission as the unit intends to operate during the 3rd shift, which starts the next day after voting?
Advice.
From India, Nashik
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5The Government of Maharashtra Ministry of Industries, Energy, and Labour Department, vide Notification dated 15/03/2019, declares a Public Holiday on account of the General Election of 2019 in the concerned parliamentary constituency. As per clause 3 of the said circular, it has been stated that, under unavoidable circumstances, the company may run the unit by giving 2-3 hours concession for casting votes to the employees subject to prior permission of the District Collector or Commissioner of the Corporation. Ensure that no one remains to cast their vote. Accordingly, we submitted a letter to the Collector's office, and they advised us to provide a copy to the Labour Commissioner and seek permission from him. We approached the Labour Commissioner and submitted the letter for permission. The Commissioner has shown a similar notification of the State Government of Maharashtra dated 27/03/2019, wherein a public holiday is declared on account of the general election, but the above permission clause is not incorporated into the circular.
Considering the necessity of the company, we requested the Authority to grant permission to run the factory in the 3rd shift from 12.00 midnight to 8.00 a.m (other than voting time). We further assured him that we will not deprive the employees of the benefit of the public holiday. In addition, we will pay extra remuneration/substitute off to all employees, as the case may be. However, the Authority refused.
Is it legal and valid to run the unit irrespective of permission as the unit intends to operate during the 3rd shift, which starts the next day after voting?
Advice.
From India, Nashik
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Public holiday - 30-Apr-09.pdf