Mr. Badrinath has given valuable advice. Kindly follow it.
Send the copy of the formal announcement by the company to print and Electronic media, trade unions, Wages Inspector, Factory Inspector, Labor Inspector, and Inspector under SE Act, State Labor Commissioner, Labor Commissioner {Central} , SDM, Human Rights Activists, State Labor Minister, Central Labor Minister, NGO’s and any one else you can think of.
If you do not wish to reveal the identity of the employee send emails { from any id}and make a phone call to Labor Commissioner and point out that there may be a press conference soon and inaction and apathy of Labor Officials may come up.
This should move them.
Tame and shame such employer.
The employer seems to have taken an idea from the provision that if an employee is made to work on a holiday double wages, substituted holiday or both have to be paid, and has believed that if employee takes leave on a festival day he shall also deduct double wages.
You may check if your state govt. has included Raksha Bandhan in the list of holidays?
Whether the employer has sought suggestions from employees, representatives of employees, trade union etc and have notified the Inspector for list of holidays.
{THE KARNATAKA INDUSTRIAL ESTABLISHMENTS (NATIONAL
AND FESTIVAL HOLIDAYS) ACT, 1963
You may read Sec3,3A.
5. Wages.—(1) Notwithstanding any contract to the contrary, every employee
shall be paid wages for each of the holidays allowed to him under
1
[section 3 or 3A]
1
.
1. Substituted by Act 28 of 1997 w.e.f. 30.9.1997
(2) Where an employee works on any holiday allowed under
1
[section 3 or 3A]
1
, he
shall, at his option, be entitled to,—
1. Substituted by Act 28 of 1997 w.e.f. 30.9.1997
(a) twice the wages; or
(b) wages for such day and to avail himself of a substituted holiday with wages
on any other day.
And
1
[3. Grant of National and festival Holidays.—(1) Every employee shall be
allowed in each calendar year, a holiday of one whole day on the 26th January, 15th
August, 2nd October and five other holidays each of one whole day for such festivals
as the employer may specify, from out of the list of festivals specified in the Schedule
appended to this Act in consultation with the trade unions or in the absence of any
trade union in consultation with the employees or their authorised representatives in
such manner as may be prescribed:
Provided that except in the case of Industrial establishments owned or controlled
by the Government of India, the number of such other holidays shall be seven
including first day of May and first day of November.
(2) Whenever there is any disagreement between the employer and employees or
the trade Unions concerned as to the festivals to be allowed as holidays during each
calendar year the employer or the employees of the concerned Trade Union shall
refer the dispute to the Inspector, having jurisdiction over the area in which the
Industrial establishment is situated, for his decision and his decision shall be final.}
The provision of National holidays are there in the State Shops & Commercial Establishment Act & the State Industrial Establishment (National & Festival Holidays and Casual & Sick Leaves) Act.
In accordance with National Holiday Act 1958, Section 3 Every employee shall be allowed in each calendar year a holiday of one whole day on [the 26th January, the first May, the 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. In accordance with National Holiday Act 1958, Section 5, Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays
NATIONAL AND FESTIVAL HOLIDAYS27
Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanti (October 2) are the three national holidays observed in India. On these days all institutions, irrespective of under which law they are covered, or whether they are public or private organizations or MNCs should necessarily remain closed.
You may look into these enactments as applicable in your state.
e.g. SE Act Delhi:
(13) “holiday” means a day on which an establishment shall remain closed or on which an employee be given a holiday under the provisions of the Act;
(16) “leave” means leave as provided for under this Act;E PAYMENT OF WAGES ACT, 1936
COMMENTS
Sub-section 13—”Holiday” : Holidays are off days granted by the employer to the employees either voluntarily or compulsorily under the force of law.
Sub-section (16)—”Leave”
Sub-section (22)—“religious festival”
3. Rights and privileges under other law, etc., not affected.—Nothing in this Act shall
affect any rights or privileges which an employee in any establishment is entitled to at the date
this Act comes into force or under any other law, contract, custom or usage applicable to such
establishment or an award, settlement or agreement binding on the employer and the employee
in such establishment, if such rights or privileges are more favourable to him than those to which he would be entitled under this Act.
18. Wages for the holiday.—No deduction shall be made from the wages of any employee
on account of the close day under section 16 or a holiday granted under section 17 of this Act
22. Leave.
23. Wages during Leave
Payment of Wages Act:
What is the provision of the Act regarding deductions from the wages payable to an employed person?: The Act prohibits all kinds of deductions except those which are authorized by or under the Act. {Section 7}
