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Search Results Judgments > Act:KARNATAKA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT 1963 Section 11A Page:2

Dec 11 1990

Tata Tea Ltd. Vs. Inspector of Plantations

  • Decided on : 11-Dec-1990

Court : Kerala

Reported in : (1992)ILLJ603Ker

... Industrial Establishments (National and Festival Holidays) Act, 1958, for short the National and Festival Holidays Act, is under challenge.3. The short question arising for consideration is whether an employee entitled to the benefit of Maternity Benefit Act, 1961 is eligible to claim the benefit under Section 5(1) of the National and Festival Holidays Act. The answer depends upon the construction of Sections 4A and 5 of the National and Festival Holidays Act ... Act because they have been given the benefit under the National and Festival Holidays Act. Admittedly this payment was made as per the practice that prevailed in the plantation. A reference in this connection to the following excerpt from Ext.PS is relevant:'Now the point raised by the appellant (the petitioner herein) is that the workers were customarily being paid wages under the National & Festival Holidays Act ... National & Festival Holidays Act which were more beneficial to the workers and correspondingly the maternity benefit for those days was not paid.'If that be the position the said payment, as rightly pointed out by the counsel for the workmen, cannot be adjusted from the maternity benefit the employees are entitled to under the Maternity Benefit Act ...

Apr 10 1991

E.S.I. Corpn. Vs. Raj Cashew Company

  • Decided on : 10-Apr-1991

Court : Kerala

Reported in : (1992)ILLJ206Ker

... holidays under the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 (for short 'the Holidays Act'). 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. Section ... 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. 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'). Section 3 of the Act ... 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. 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'). Section ...

Nov 11 1998

M.R.F. Ltd. Vs. Inspector Kerala Govt. and Ors.

  • Decided on : 11-Nov-1998

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)

... 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. 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. The national holidays ... Section 9(1) of the C.P. & Berar Shops and Establishments Act, 1947 (as amended in 1955) which provided for compulsory holidays for the employees and closing of shop. The Allahabad High Court in Matrumal Sharma and Anr. v. The Chief Inspectors of Shops and Commercial Establishments, V.P. Kanpur, : AIR1952All773 , has upheld the validity of the U.P. Shops and Commercial Establishments Act ... 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. The national holidays were increased from three to four (with the addition of 2nd of October as Mahatma Gandhi's Birthday) and festival holidays were increased from four to nine. The total number of compulsory paid holidays ...

Apr 15 1965

The Tata Oil Mills Co. Ltd. Vs. K.V. Gopalan and Ors.

  • Decided on : 15-Apr-1965

Court : Supreme Court of India

Reported in : AIR1966SC1859; [1965(11)FLR102]; (1965)IILLJ124SC; [1965]3SCR760

... Section 3 of the Act provides 'Grant of National andFestival Holidays - Every employee shall be allowedin each calendar year a holiday of one whole day on the 26th January, the 15thAugust and the 1st May and four other holidays each of one whole day for suchfestivals as the Inspector may, in consultation with the employer and theemployees, specify in respect of any industrial establishment ... Sections 3 and 11 of the Kerala IndustrialEstablishments (National and Festival Holidays) Act, 1958 (No. 47 of 1958)(hereinafter called the Act). That question arises in this way. Two complaintswere filed against the appellant, the Tata Oil Mills Company Ltd., by the twogroups of respondents, its workmen, respectively under s. 33A of the IndustrialDisputes Act ... industrial establishment'. 7. The result of this provision was that every employer to whom the Actapplied had to declare holidays on the 26th January, the 15th August and the1st May and had to give four other holidays according to the decision of theInspector, the requirement of the section being that the Inspector had toconsult the employer and the employees before fixing such other holidays ...

Dec 02 1980

Madura Coats Limited Vs. Inspector of Factories, First Circle, Madurai ...

  • Decided on : 02-Dec-1980

Court : Supreme Court of India

Reported in : AIR1981SC340; [1981(42)FLR105]; (1981)ILLJ255SC; (1981)1SCC590; [1981]2SCR302; 1981(13)LC7(SC)

... national or festival holidays falling within the period of strike, under Section 3 read with Sub-section (1) of Section 5 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (hereinafter referred to as 'the Act'.)2. The facts of the case are not in dispute. Messrs. Madura Coats Limited are an industrial establishment within the meaning of Section 2(e) of the Act ... national and festival holidays in industrial establishments in the State. Section 3 of the Act provides that every employee in an industrial establishment shall be entitled to four national and five festival holidays in each calendar year. Sub-section (1) of Section 5 provides that 'notwithstanding any contract to the contrary ' every employee shall be paid wages for each of the holidays allowed to him under Section ... holiday with wages on one of the three days immediately before or after the day on which he works.5. The legislation is intended to provide for national and festival holidays in industrial establishments in the State. Section 3 of the Act provides that every employee in an industrial establishment shall be entitled to four national and five festival holidays in each calendar year. Sub-section (1) of Section ...

Jan 19 2009

MRF Limited rep. by its General Manager Vs. The Deputy Chief Inspector ...

  • Decided on : 19-Jan-2009

Court : Chennai

Reported in : (2009)2MLJ571

... Tamil Nadu Industrial Establishments (National and Festival Holidays) Rules, 1959 (for short 'NAFH Rules') framed under Section 12 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (for short 'NAFH Act') stood cancelled ... holidays as per the NAFH Act (4 compulsory national holidays and 5 optional festival holidays).6. The learned Counsel also relied upon the judgment of the Karnataka High Court reported in 2005 3 LLJ 12 in Bharat Fritz Werner Karmika Sangha v. Bharat Fritz Werner Limited and Anr. In that judgment, when there was a dispute between two rival unions regarding choosing of the festival holidays, the Karnataka ... festivals as the Inspector may, in consultation with the employer and the employees, specify in respect of any industrial establishment.4. Employer to send statement to Inspector.- Every employer shall send to the Inspector having jurisdiction over the area in which the industrial establishment is situated, and display in the premises of the industrial establishment, a statement showing the holidays allowed in each calendar year under Section ... 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. As per the analysis made in that report, it was noticed that the number of paid holidays available to industrial ...

Apr 13 2007

Tamil Nadu Petroproducts Employees Union, rep. by its General Secretar ...

  • Decided on : 13-Apr-2007

Court : Chennai

Reported in : (2007)3MLJ284

... holidays for employees working in a private industry is governed by the provisions of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 and so far as the weekly off and the Earned leave are concerned, the same is governed by the Factories Act and the Sick Leave is governed by the Employees' State Insurance Act. Admittedly, the provisions of the N.I. Act ... Section 25 of the N.I. Act. Followed by this Notification, the second respondent Labour Commissioner issued a letter dated 9.10.2006 stating that the employers of all the industrial establishments, commercial establishments, Catering Establishments, Factories, Shops, Plantations, Motor Transport Undertakings, Beedi & Cigar Industries were to grant holiday ... industry is governed by the provisions of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 and so far as the weekly off and the Earned leave are concerned, the same is governed by the Factories Act and the Sick Leave is governed by the Employees' State Insurance Act. Admittedly, the provisions of the N.I. Act have no application to a private industry ...

Oct 26 2006

E.S.I. Corporation Vs. Rajagopal Textile Mills (P) Ltd.

  • Decided on : 26-Oct-2006

Court : Kerala

Reported in : 2006(4)KLT730

... in the memorandum, for consideration in the appeal, was as to whether the additional remuneration paid to employees under the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958, hereinafter, the 'Holidays Act', will come within the definition of 'wages' as defined in Section 2(22) of the ESI Act. When the appeal came up for final hearing on 16-10-2001, it was submitted on behalf of the Corporation ... decision in I.C.No.25 of 1996 filed by the respondent-establishment before the Employees' Insurance Court, Palakkad, for short, the 'E.I.Court', was as to whether holiday wages will amount to wages within the meaning of Section 2(22) of the Employees' State Insurance Act, 1948, hereinafter, the 'ESI Act', for short. The E.I.Court, following the decision of the Full ... Court of India, in C.A.Nos. 3851-53/1993 3851-53/1993 , it was held that the wages, as per the Holidays Act, on holidays, to the employees, would form part of the 'wages' as per Section 2(22) of the ESI Act and that the decision of the Apex Court in Regional Director, Employees State Insurance Corpn. v. Popular Automobiles and Ors. : AIR1997SC3956 ... the Apex Court reversing the decision of the Full Bench was not brought to the notice of this Court.4. Per contra, it was urged on behalf of the respondent-establishment that no ground for review is made out. Reference was made to the 16th Edn. of Mulla on the Code of Civil Procedure, 1908 wherein it is recorded that (1 ...

Sep 02 2003

O.P. Ali Vs. State of Kerala and Ors.

  • Decided on : 02-Sep-2003

Court : Kerala

Reported in : (2004)ILLJ208Ker

... 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. The circumstances would clearly indicate that the Union had already taker up the grievances of the workers in the peeling sheds before this Court and ... area to be the Inspectors under Section 19 of the Act. In view of the above notification the Assistant Labour Officers were Inspectors competent to file the Criminal Complaints as provided under Section 22-B of the Minimum Wages Act.8. Section 22-B deals with cognizance of offences by Courts. Sub-section (1) of Section 22-B reads:'(1) No ... July 4, 2000 and detected the violation of Rule 29(1), (2) and (3) (sic) of the Rules framed under the Minimum Wages Act. Further he found violation of the Kerala Industrial Establishments (National and Festival Holidays) Rules, 1958 also. Accordingly, the Assistant Labour Officer issued a show cause notice to the petitioner, the employer. Dissatisfied with the explanation ... Act which deals with the violations of the provisions tinder the 'Minimum Wages' Act. The complaints alleging violation of the provisions under the Act are to be fifed on obtaining sanction from the appropriate Government or an officer authorised on that behalf. Section 22-B(1)(b) deals with the filing of complaints for offences under Section 22-B or Section 22-A of the Act. Section ...

Oct 31 1991

Excel Glasses Ltd. and Ors. Vs. State of Kerala

  • Decided on : 31-Oct-1991

Court : Kerala

Reported in : (1992)IILLJ330Ker

... Industrial Establishments (National and Festival Holidays) Act (for brevity, the Act) came into force on December 29, 1988, providing for seven paid holidays, comprised of three national and four festival holidays. National holidays are Republic Day (26th of January), May Day (1st of May), and Independence Day (15th of August). Kerala Industrial Establishments (National and Festival Holidays) Amendment Act, 1990 (for short, Amendment Act) increased the national holidays from three to four with the addition of ... of the President was also obtained under Article 254(2). On behalf of the petitioners, it was argued that the number of paid national and festival holidays in the neighbouring States, like Tamil Nadu and Karnataka, were also not taken into account.13. As held in Sant Lal Bharti v. State of Punjab(AIR) 1988- SC-485, ... , the first limb and the proviso alone survived the decision. Then Article 31C was again amended by the 42nd Amendment Act, which received the assent of the President on January 3, 1977.Section 4 of the Act amended Article 31C to include all or any of the principles laid down in Part IV instead of the ... 1963-I-LLJ-543) and some other decisions were cited before me. All these decisions dealt with awards on industrial disputes in relation to holidays. Supreme Court said that in our country, there are too many holidays and that too when the need for industrial production is urgent and paramount and it may be advisable to reduce the number of holidays in industrial ...

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