(A) The IT MNC is under the preview of SE Act of the state of Maharashtra.
You may go thru the clauses/sections of the Act in particular Sec 35: (3) and (4)
The Bombay Shops and Establishments Act, 1948
(11) "Holiday" means a day on which an establishment shall remain closed or on which an employee shall be given a holiday under the provisions of ihis Act
(13) "Leave" ^means leave provided for in Chapter VII of this Act
(15)Local authority" means a body specified in Schedule I-A and includes any other body which the State Government may, by notification in the Official Gazetpfe, declare to be a local authority for the purposes of this Act];
(30) "Wages" means wages as defined in the Payment of Wages Act, 1936 (IV
14. Daily and weekly hours of work in shops and commercial establishment.-
18. Holidays in a week in shops and commercial establishments,- [(l) Every Shop and commercial establishment shall remain closed on one day of the week. [Except where the day is fixed under the provisions of sub -section (1B), the employer shall prepare] a calendar or list of such closed days at the beginning of the year, notify such calendar or list to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the shop or commercial establishment:
Leave with Pay and Payment of Wages
(3) If an employee entitled to leave under sub -section (1) [or (1-A) is refused the leave, he may give intimation to the Inspector o r any other officer authorised in this behalf by the [State] Government regarding such refusal. The Inspector shall enter such intimation in a register kept in such form as may be prescribed. 16
[The employee shall also send a copy of such intimation to his employer and, thereupon, the employee shall be entitled to carry forward the unavailed leave without any limit.
(4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to additional hol iday on the 26th January, 1st May, 15th August and 2nd October every year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the conditions that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.
38. Application and amendment of the Payment of Wages Act.
^[ЗВ-В. Application of Industrial Employment (Standing Orders) Act to .
You may also go thru: “Payment of Wages Act”:
3*[(vi) "wages" means
(b) any remuneration towhich the person employed is entitled in respect of overtime work
or holidays or any leave period;
13A. Maintenance of registers and records.
Generically speaking: It is felt that the company has to abide by the National and Festival Holidays Act.
You can find court cases on this subject at:
Supreme Court of India
Indian Oxygen Ltd vs State Of Bihar & Ors on 16 February, 1990:
“this Court. HELD: Section 3 of the Bihar Industrial Establishments (National and Festival Holidays and Casual Leave) Act, 1977 provides for three National holidays”
Probably IN Maharashtra:
National Holidays are. 15th August - our independence day, 26th Jan - Our republic day, 2nd October - Gandhi Jayanti and 1st may - labor day and Maharashtra day.
(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.
The festival holiday are decided based on the local festival of that locality and are granted)
Employers obligation is to pay double the wages to the employees who works on national and festival holidays, and compensatory off wherever applicable.
Statement of National and Festival Holidays to be sent to the Labor Inspector and copy of the same to be displayed on Notice Board.
Permission is given by assessing whether the organization is involved in continuous process where production can not be stopped.
You need to get the gazette of holidays from Commissioner of Labor from your state.
Dept of Labor Maharashtra can be accessed at:
The question arises whether the company in question communicates in writing which employee shall have to work on National Holidays implying that the working is pre sanctioned, and whether the company circulates the policy on compensation and compensatory off for working on a National Holiday e.g. the employee shall have to avail the compensatory off within a year???? E.g. as in Attachment.
Thus you may check if the Inspector has granted any permission to the company to remain open and work on National Holidays.
(B) Maharashtra IT/ITES Policy-2009
3.1.3 Initiatives related to Laws
1. IT-ITES Units will continue to benefit from:
1) Relaxations under the Shops and Establishment Act with regard to working hours, work shifts and employment of women.
5. IT-ITES units (other than IT hardware and Telecom hardware manufacturing units) will be treated as continuous process units for the purposes of power supply.
If the IT units are declared continuous process units and needed to work on National Holidays the concerned Authority might have granted approval.
You may run a check on the facts and probe to find the lapses and violations.
Thereafter you can proceed.
If you wish to avail the services of LCI lawyer you can conduct search at;
The experts working at Pune and Maharashtra can provide deep insights.
The IT union can also help you.
IT/BPO Voice of India | Facebook
The Indian Headquarters at Bangalore
Prithviraj Lekkad - President, UNITES Professionals India
Karthik Shekhar - General Secretary, UNITES Professionals India
#6/2, 1st Main, Next to Kodava Samaj, Vasanthnagar, Bangalore - 560 052
Phone: + 91 - 80 - 2235 5959 . 4123 5499
Email: email@example.com / firstname.lastname@example.org
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