The Kerala Industrial Establishments (National and Festival Holidays) Amendment Act, 1990 [1] Complete Act - Bare Act

THE KERALA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) AMENDMENT ACT, 1990 [1]

(Act 24 of 1990)

An Act further to amend the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958.

Preamble .- WHEREAS it is expedient further to amend the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958, for the purposes hereinafter appearing;

BE it enacted in the Forty-first Year of the Republic of India as follows:-

1. Short title and commencement .- (1) This Act may be called the Kerala Industrial Establishments (National and Festival Holidays) Amendment Act, 1990.

(2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

2. Amendment of section 3.- In the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 (47 of 1958) (hereinafter referred to as the principal Act), in section 3, for the words and figure "and the 1 st May and four" the words and figures "the 1 st May and the 2 nd October and nine" shall be substituted.

3. Amendment of section 5.- In section 5 of the principal Act,-

(i) for sub-section (1), the following sub-section shall be substituted, namely:-

"(1) Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under section 3, whether or not the employer has not required, or could not require, him under sub-section (1) of section 4A to work on that holiday or whether that holiday falls or does not fall during the period of a strike or illegal lock-out:

Provided that if such holiday falls during the period of a lay off, the employee shall be paid fifty per cent of the total of the basic wages and dearness allowance that he would have been entitled to, had he not been so laid off:

Provided further that no such employee shall be entitled to be paid any wages for any of the holidays if such holiday falls during the period of a strike which is illegal under section 24 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), and such employee has participated in the strike.

Explanation :- For the purpose of this sub-section , the expression "strike", "lock-out" and "lay-off" shall have the meanings respectively assigned to them in the Industrial Disputes Act, 1947 (Central Act 14 of 1947)".

(ii) in the proviso to sub-section (3), for the figure and words "and the1st May" the figures and words "the 1 st May and the 2 nd October" shall be substituted.