Court : Orissa
Reported in : (1975)ILLJ48Ori
..... the orissa industrial establishment (national and festival) holidays act was promulgated with effect from 25-11-1969 and under it provision was made for three common holidays, viz. ..... the orissa industrial establishment (national and festival) holidays act (orissa act 22 of 1959) provides for 3 national holidays and 4 optional holidays for hindus, christians and muslims. ..... thus, rule 23 is not repugnant to section 53 of the factories act, inasmuch as, festive holidays and national holidays do not come within the purview of the said act. ..... consequently, the rules have been framed-keeping in view the labour legislations, such as the industrial disputes act, the factories act, the motor transport workers act, workmen's compensation act, payment of wages act, shops and commercial establishments act and also the various service rules governing the civil servants in general. ..... sub-rule (5) of rule 23 of the rules provides that if a festival or national holiday falls on a sunday or on any other weekly holiday the employee concerned shall be entitled to only for one day holiday and no alternative holiday will be granted either before or after that day. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALD538
..... inspector karala government, : (1999)illj289sc , kerala industrial establishments (national and festival holidays) (amendment) act, 1990 was challenged as imposing unreasonable restriction and violating article 19(1)(g) of the constitution. ..... for sale, or despatch, or deliver to any person for the purpose of sale any edible oil--(a) which does not conform to the standards of quality as provided in the prevention of food adulteration act, 1954 (37 of 1954) and rules made thereunder; and(b) which is not packed in a container, marked and labelled in the manner as specified in the schedule-1 :provided that the state government may, in the public interest, for reasons to be recorded in writing, in specific circumstances and for a specific period by a notification in the official gazette, exempt any edible oil from ..... in diwan sugar's case it was observed;reading section 3 of the act with the preamble, it would be obvious that the object of the act is to provide for control of the production, supply and distribution of trade and commerce in, essential commodities in the interests of the general public, so that the supplies of such commodities may be maintained or increased, their equitable distribution secured and they may be available to the general public at fair prices. ..... state of orissa, : air1995sc2484 , slate of kerala v. .....
Tag this Judgment!Court : Orissa
Reported in : 82(1996)CLT380; (1997)IIILLJ1084Ori; 1996(II)OLR384
..... . municipalities and nac who are working on second satur days and sundays and national& festival holidays should be paid double wages for those days as per the agreement.this demand is not specific.6.supply of liveries to the class-1 v employees every year in time.the agreement provided for payment of liveries to the workmen.7.enhancement of grant-in-aid.this is not an industrial dispute.8.payment of advance of rs.8,000/- towards purchase of motor cycle and 100 months salary as loan for construction of house at parwith govt ..... dated march 4, 1995 (annexure-1) declining to refer the disputes alleged to have arisen between the director, municipal administration, orissa and all executive officers and chairman of municipalities and notified area councils of the state and their workmen in exercise of powers conferred by sub-section (5) of section 12 of the industrial disputes act, 1947 (hereinafter referred to as 'the act') is called in question by the petitioner-orissa municipal employees federation in the present writ application under articles 226 and 227 of the constitution of india. 2. the factual scenario as depicted by the petitioner is as follows :the federation raised charter of demand ..... . disputes are required to be resolved for the purpose of establishing peaceful and cordial atmosphere in an industry .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1969KAR261; (1970)ILLJ485Kant; (1969)2MysLJ190
..... 5 of the mysore industrial establishments (national and festival holidays) act, 1963, and came to the conclusion that 'continuous service' of thirty days as mentioned in the proviso could not be equated with continuous work of thirty days, that the word 'service' connected the period during which a person was supposed to be in the employ of another and that the interpretation put on the proviso by the management was unacceptable. ..... 5 of the mysore industrial establishments (national and festival holidays) act, 1963 (hereinafter referred to as the act), was not applicable to the permanent workmen. ..... rule 9 of the mysore industrial establishments (national and festival holidays) rules, 1964, prescribes the manner in which the average wages of an employee for a holiday should be calculated. ..... ' it lays down : 'every employee shall be allowed in each calendar year a holiday of one whole day on 26 january and 15 august, 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 respect of any industrial establishment. ..... ' it is manifest from the provisions of this section that the five other holidays, which have to be declared as festival holidays for any establishment, have to be declared by the inspector in consultation with the employer and the employees. .....
Tag this Judgment!Court : Karnataka
Reported in : [2005(107)FLR143]; ILR2005KAR3666; 2005(5)KarLJ92; (2005)IIILLJ12Kant
..... the labour inspector by his said order passed in 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 employer to declare 14.4.2003 as a festival holiday.2. ..... if the labour inspector ignores the view of a large section of the 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, 1964 and could be reviewed by this court in exercise of its power under article 226 of the constitution of india.in this context, it is relevant to notice the aforesaid rule which reads as follows:'6. ..... the labour inspector on a consideration of the matter, allowed the application of the trade union and directed declaration of 14.4.2003 as a festival holiday in place of 1.1.2003 which was declared as a holiday by the employer. ..... 'in our opinion, whenever there is any disagreement between the employer and employees or the trade unions concerned as to the festivals to be allowed as holidays, the view of majority of the employees should generally be the criteria while deciding disputes under section 3(2) of the act. ..... in an establishment, where there are large number of employees, the labour inspector while resolving disputes under section 3(2) of the act as to allowing of holidays will have to take into consideration the views of all sections of the employees. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR3648
..... 'whether the amendment made to section 3 of the karnataka industrial establishments (national and festival holidays) act, 1963, fixing the number of holidays other than three national holidays at six, instead of five and providing that first may shall be one of the said six holidays, empowers the labour officer to include first may as a holiday in addition to the holidays declared by the managements even if the number of holidays already declared by them was more than nine'2. ..... (ii) a declaration shall issue to the effect that under section 3 as amended by the karnataka industrial establishments (national and festival holidays) (amendment) ordinance 1984, the petitioners were not required to increase the number of holidays by one day and that they were entitled to include first may as one of the holidays in the list of holidays in substitution of any other holiday. ..... grant of national and festival holidays: every employee shall be allowed in each calendar year a holiday of one whole day on the 26th january, 15th 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 respect of any industrial establishment. ..... further, the ordinance has beensubsequently replaced by an act called the karnataka industrial establishments (national arid festival holidays)(amendment) act, 1985. .....
Tag this Judgment!Court : Kerala
Reported in : [2001(88)FLR555]; (2000)IIILLJ205Ker
..... these orders have been passed under sections 3 nd 5 of the kerala industrial establishments (national and festival holidays) act, 1958 (hereinafter referred to as 'the festival holidays act'). ..... according to section 3 of the festival holidays act, every employee shall be allowed in each calendar year a holiday of one whole day on january 28, august 15, may 1 and october 2, and 9 other holidays as the first respondent may specify in respect of any industrial establishment in consultation with the employer and the employees. ..... the petitioner challenges exhibit p5 order of the first respondent directing the petitioner to pay wages for the national and festival holidays to the workers. ..... according to section 5 of the festival holidays act, every employee shall be paid wages for each of these holidays mentioned in section 3. ..... section 23 of the act prohibits strike under the following circumstances: '(a) during the pendency of conciliation proceedings before a board and seven days after the conclusion of such proceedings; (b) during the pendency of proceedings before a labour court, tribunal or national tribunal and two months after the conclusion of such proceedings; (bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3-a) of section 10-a; or (c) during any period in which a settlement or award is in operation in respect .....
Tag this Judgment!Court : Kerala
Reported in : (1992)ILLJ206Ker
..... the dispute relates to wages paid for certain holidays under the kerala industrial establishments (national and festival holidays) act, 1958 (for short 'the holidays act'). ..... kulkarni(l968-i-llj-518), held that wages for weekly holidays payable under the bombay shops and establishments act are wages within the meaning of the provisions of the payment of wages act. ..... in the present case, employees are entitled to holidays by virtue of the holidays act and they are entitled to be paid wages for those holidays. ..... , (1981-ii-llj-141) the employees' insurance court accepted the respondent's contention and held that holiday wages are not wages as defined in the act and contribution could not have been levied thereon and granted relief in regard to the contribution so paid for the year 1982 but denied relief for the year 1981 on the ground of limitation.3. ..... section 3 of the act, as it then stood, directed that every employee shall be allowed in each calendar year holidays for january 26, august 15, may 1, and three other holidays to be so declared by the inspector in consultation with both parties. ..... the corporation took the stand that holiday wages are also wages as defined in the act and contribution was lawfully levied. ..... the respondent contended that holiday wages are not wages as defined in section 2(22) of the employees' state insurance act, 1948, and, therefore, contribution could not have been levied on such wages. .....
Tag this Judgment!Court : Kerala
Reported in : (2004)ILLJ208Ker
..... it was on the basis of the above direction, the inspectors inspected the peeling sheds and had taken appropriate proceedings against the petitioners who were not maintaining the registers in accordance with the minimum wages rules and the kerala industrial establishments (national and festival holidays) act, 1958. ..... further he found violation of the kerala industrial establishments (national and festival holidays) rules, 1958 also. ..... the learned government pleader submitted that this court by judgment dated march 22, 2000 directed the government to appoint an officer and to enquire into the working conditions of the workers of sea food industries in cherthala and to take appropriate steps to improve the working conditions of such workers and to see that they are not exploited by the management. ..... the complaints had been filed for the violation of rules and no grounds could be established for quashing the above proceedings pending before the j.f.c.m.court ii, cherthala. ..... the 4th respondent, the assistant labour officer, cherthala inspected the above peeling, shed on july 4, 2000 and detected the violation of rule 29(1), (2) and (3) (sic) of the rules framed under the minimum wages act. ..... the common question involved in all the original petitions was whether the provisions of the minimum wages act and the rules framed thereunder are applicable to the employment of peeling of prawns in the peeling sheds. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC188; [1999(82)FLR951]; JT1998(7)SC532; (1999)ILLJ289SC; 1998(6)SCALE107; (1998)8SCC227; [1998]Supp2SCR632; 1999(1)LC221(SC)
..... by the amending act, national and festival holidays, fixed under the principal act, namely, the kerala industrial establishments (national and festival holidays) act, 1958 (for short, 'the parent act') were altered. ..... , : 1952crilj966 , has again to be referred to and relied upon in this case to settle the controversy regarding the constitutional 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 judge, and in appeal, by the division bench of the kerala high court.2. ..... the kerala institute of labour and employment had already made a study of paid holidays available to industrial workers in kerala state in 1982 and after studying the conditions prevailing in about one hundred and eighty public and private industrial establishments as to the national and festival holidays available to their workers had published a report. ..... learned counsel for the appellants contended that before raising the national and festival holidays from their original number under the parent act, to the number of days contemplated by the amending act, the industries or their representatives should have been given an opportunity of hearing. ..... while other employees may enjoy national and festival holidays, the workers in an industry or an agricultural farm must work throughout and should not avail of any holiday is not the philosophy of article 43. .....
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