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...payment of maternity benefit to respondent 3 onwards, in addition to the benefit they have already been given by the management under the Kerala Industrial Establishments (National and Festival ...entitled to the benefit of Maternity Benefit Act, 1961, is eligible to claim the benefit under S. 5(1) of the National and Festival Holidays Act....construction of Ss. 4-A and 5 of the National and Festival Holidays Act. I shall now extract the relevant provisions:“4-A. Power of employer to require employee to...
...covered by the National and Festival Holidays Act, 1958, and it is not denied that but for certain features wages would have to be paid for these two holidays. What happened was ...of these holidays and could withhold the wages for the other holiday.
2. It is this order of the Tribunal that is impugned in this proceeding under Article 226 by the Workers' Union.... Section 3 of the National and Festival Holidays Act, Madras Act XXXIII of 1958, provides that every employee shall be allowed in each calendar year holiday of...
...validity of the Kerala Industrial Establishments (National and Festival Holidays) (Amendment) Act, 1990 (for short “the Amending Act”) which has already been upheld by a Single J...Division Bench of the Kerala High Court.2. By the Amending Act, national and festival holidays, fixed under the principal Act, namely, ...(National and Festival Holidays) Act, 1958 (for short “the Parent Act”) were altered. The national holidays were increased from three to four (with the...
...Establishments (National and Festival Holidays) Rules, 1959 (for short ‘NAFH Rules’) framed under Section 12 of the Tamil Nadu Industrial Establishments (National and Festival ...section 18(1). Para 25 of the said settlement deals with national and festival holidays applicable to the workmen. Paragraphs 25.1 and 25.2 may be extracted bel..., the workmen are allowed to avail four optional Festival Holidays out of the Festival Holidays shown in Annexure IV as required under the National and Festival...
...are retained and, therefore, the jural relationship of employer and the employee continues.11. Sri U.K Ramakrishnan, learned counsel, invited our attention to the decision of a Full Bench o...' State Insurance Act. The principles involved in the National and Festival Holidays Act is different from payment of lay-off compensation. At any rate, such amount would be ...remuneration for them.” In S. and V. Stores v. Lee [1969 (1) W.L.R 626], the word “remuneration” appearing in Contracts of Employment Act, 1963...
...Festival and National Holidays in respect of such industrial establishments are covered by the provisions of the Tamil Nadu Industrial Establishments (National and ...2(e)(ii) of the Act applies to any factory registered under the Factories Act, 1948. Section 3 of the Act reads as follows :“3. Grant of National and ...of festival holidays can be finallised is set out in terms of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Rules, 1959. Rule 3 of ...
...“person employed” as defined in S. 2(12) of the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Act);(2) that respondent 2 had no man...that respondent 1 erred in allowing the claim put forward by respondent 2 in its entirety, overlooking the provisions of the said Act and the Tamil Nadu National and ...Establishments Act and National and Festival Holidays Act.10. In this case, a sum of Rs. 2,496 has been claimed as wages due for weekly holidays and ...
....The Industrial establishment concerned in this appeal is Binny Mills Ltd., Bangalore. The management has declared three national holidays and eight other festival holidays...(shortly “the Act”)Section 3 of the Act provides:“3. Grant of National and Festival Holidays — Every...August and the 2nd October and five other holidays each of one whole day for such festivals as the Inspector may, in consultation with the employer and the employees, specify in ...
..., Mahatma Gandhi's birthday and Viswakarma Puja.(d) The number of National/Festival holidays for office and office general staff will be enhanced from...17 of 1977) (called shortly as the ‘Act’) making provisions for National/Festival holidays and casual...leave for workers. We are concerned with Sections 3 and 13 of the Act which must be set out in full:“3. National and Festival Holidays.— (1) Every employe...
...:
Kerala Industrial Establishment (National and Festival Holidays) Act, 1958, ss. 3 and 11--Scope of.
HEADNOTE:
Under the Stand...additional day's holiday with pay, thus raising the total number of paid annual holidays to six. In 1958 the Kerala Industrial Establishments (National and Festival Holidays) Act...law which these two appeals raise for our decision relates to the construction of ss. 3 and 11 of the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 ...
...Factory and Factory Offices, the holidays shall be as per the Tamilnadu Industrial Establishment (National and Festival Holidays) Act, 1958 and for the....
5. As per the Tamilnadu Industrial Establishment (National and Festival Holidays) Act, 1958, the respondents had declared 9 days holidays ...Company and the Officers are exempted from its application. The petitioner had, on his own imaginary calculation, filed this writ petition after he got relieved from the services of the Company on 31.05.20...
...Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to grant National and festival holidays in view of the Punjab Industrial Establishment (..., regarding the grant of benefit of National and festival holidays to the operational and technical staff. The relevant extract of the instructions reads as under:- ...
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
222 CWP-4495-2019...
...Factories Act, 1948. For non-payment of wages for the national and festival holidays to as many as 300, workers, ...revision.
2. Under section 3 of the Act, every worker should be granted three national holidays, on the 26th January, 15th August and 2nd October, and also a mini...the employment of the firm till they get the chance for work next. Therefore, they are not permanent employees entitled to the benefits to the national and festival ...
...1. By the impugned order, the 1st respondent has held that the workmen of the 2nd respondent/Association are entitled to double the wages if they worked on national and ...referred to as "the Act") claiming double the wages for working on national and festival holidays. In...hospitals, Section 5 of the Act also is not applicable to the hospitals.
4. The aforesaid notification dated 14.08.1963 reads thus:
" In exercise of the powers conferred b...
...Maternity Benefit Act, 1961 and the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958, and issued Ext.P2 inspection note. To Ext.P2, ..., 1948, the Maternity Benefit Act, 1961 and the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958, and the provisions thereof...the Co-operative Society (employer) is an
"Industry" as defined under the Industrial Disputes Act.
14. Now, let me examine the applicability of ...
...employer is not following the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 and therefore, the employees are forced to wo...Industrial Establishments (National Festival Holidays) Act, against opening the shops on a holiday, and though the Act is not strictly applicable to individual shops, th...Section 3 of the Kerala Industrial Establishment (National and Festival Holidays) Act. In Exhibit P9 dated 06.01.2012, the petitioner's request has now become i...
...exercise of his power under Section 3(2) of the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963 (the ‘Act’ for short) had directed the emp...employees and arbitrarily declares a holiday, such decision, in our view, would be contrary to Rule 6(1) of the Karnataka Industrial Establishments (National & Festival Holidays) Rules...festival holiday.2. Facts in brief:The first respondent (the employer) issued a list of holidays for the year 2003, in which 1.1.2003 was specified as a festival holi...
...(National Festival and Other Holidays) Act, 1974 (hereinafter referred to as “the said Act”). This claim was contested by the appellant. The appellant pointed out that u...Corporation. The respondents had filed an application under Section 15(2) of the Payment of Wages Act claiming wages for holidays declared under the Andhra Pradesh Factories and Establishments...to them. The appropriate authority did not accept the contentions of the appellant and directed them to make payment for the work done by the respondents on holidays declared under ...
...the year 1978–79 complaining that the seven days' wages earned for the national and festival holidays under the Kerala Industrial Establishment (National and ...Act or any other corresponding law and the provisions of the Industrial Disputes Act or other law will apply for ...(for short the Act), was not taken into account in the Calculation and the disbursement of 17¾ per cent bonus declared for the year. The management esisted the claim on ...
...Act, 1946, and the respondent was a company registered under the Companies Act, 1956, involved in the m...and the employees working in godown are governed by the Shops and Establishments Act, 1948. As far as holiday are concerned the employees working in the afores...Industrial Establishments (National and Festival Holidays) Act is applicable to the respondent-management. As per S. 3 of the said Act the employees shall be allowed...