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ranjan_mum
Dear Samvedan,

Thanks for your informative msgs. I would request all the members to discuss the matter logically and to the point.

I would like add here that prior to 2001 when I was in Delhi, I have seen personally how strictly govt. enforce 2nd Oct. as National Holiday. Other than essential services like Medical, Foods & Restaurents, Transport etc. all other shops & establishments were forced to keep close by Govt. If any one dares to open, immediately Police (petrl police) used to take action (arrest or fine or both). I dont know exactly under which act they used to do it (even may be today).

Now Mr.Samvedan, I would request you to guide us under which law / rules the National Holiday is defined and what penal action has been provided for not following it. Further, who will be charged for this ofence (the Manager as defined under factries act or the Organisation) and what are the consequence for not following it?

Instead of discussing what should be o good or bad, lets discuss what the rules says, which rule says and the consequences.

Thanks

Ranjan


shaswati Datta
2

Hi all, As far as W.B. Shops & Establishment act, 2nd Oct has been declared as a holiday. Regards, Shaswati
From India, Calcutta
bagema
17

October 2nd is to be declared holiday compulsorily. Some companies do not follow this, but are let off by the labour officials does not mean that it is legal. The companies would have submitted the leave details to Labour office mentioning that Oct 2 would be declared holiday.
The following 4 days are compulsory holidays to be declared.
1. Jan 26
2. May day
3. Aug 15
4. Oct 2.
No State Act can claim exemption from these. With special permission claiming to give compensation either in wages or compensatory holiday make them eligible to work. This should apply even for all those who work 24x7.

From India, Tiruppur
sugang
2

Hey .. We worked on Oct 2nd and it'll be compensated with double pay for that day ... My doubt is if a person is not coming to the office on that day should i take that its a holiday and the person not to be paid the extra one day wage or consider that person was on leave and put it in his leave bank ... someone pls advice on the same
From India, Madras
ranjan_mum
Dear Friends,
My Query is still unanswered. Can any one guide me under whcih law the National holiday is defined? and Under which law and section or rule the consequesces of not following the National holidays are given? I would request all our learned members to mention the Law and Section, whenever we are giving any suggestions / guidance as far as possible. Because this will help less experienced persons like me to go through the same and take a reference.
Regards,
Ranjan


krish67
I work for a company which has its headquarters in USA. We cater to our companies customers based on USA timings (Night Shifts).
During the above four days we do work and get a double pay for that. Is it compulsory to have a compensatory off also for working on these days. Or either of the two options, [Either Double Pay / Compensatory off] would be legally permissible, as per the decision of the management.
Certain Similar companies have both the double pay and the comp. off too.
Thank you for taking your time to reply.


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