Section 52 of Factories Act says : (1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless— (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day
As per proviso to section 52 of Factories act - .." no substitution shall be made which will result in any worker working for more than 10 days consecutively without a holiday for a whole day".
Section 53 of the Act on Compensatory holidays.— (1) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost. (2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed.
**** A factory seeks to declare a Sunday as working day.
The said Factory instead of giving holiday as per 52 (1) (a) seeks to apply Section 53 and to give holiday in lieu of the working Sunday beyond the statutory 10 days Limit. Is it correct in doing so? Please enlighten as to when and how section 53 is operated?