Section 52 and 53 of factories act, 1948

This query is : Resolved 

21 August 2015

Dear Experts

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?

Jayashree Hariharan (Expert)
21 August 2015

Pls note that S53 applied to cases where there is an Order or provisions exempting the workers from S52. Pls verify if you fall under this gamut.

praveen kumar (Querist)
21 August 2015

Order as in order of Chief of Factories?

Kumar Doab (Expert)
21 August 2015

Such queries should preferably be sent to contracted Labor Law Consultant/Service Matters Lawyer/Law firm for detailed opinion.

The companies can afford it too.

Rajendra K Goyal (Expert)
22 August 2015

Consult local labor law consultant and show him the related documents.

Sudhir Kumar (Expert)
29 August 2015

I reiterate views of Mr Kumar Doab

Sudhir Kumar (Expert)
29 August 2015

your query

"Please enlighten as to when and how section 53 is operated? "

Please use RTI to get a copy of the file of labour ministry and law ministry (leading to placement of this legislation in house) know the genesis of the rule.

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