Sir
My question was not clear posted earlier as I am new the forum. I wanted to know if the Holiday declared under NIA also applicable to private establishments. There a communication addressed to Labour Commissioner to issue instruction to all the private establishments, including Industrial and Commercial & Shop.Factory Act to declare Holiday on 30-07-2015 on the day of Funeral of the former President of India.
Now would the seniors /experts clarify if the establishments after declaring the Holiday, ask the employees to compensate the day as it is rather confusing that on one hand we have the Honble Supreme Courts' decision and on the other G.O. and letter to Labour Commissioner issued.
Shall be thankful if clarified.
From India, Chennai
My question was not clear posted earlier as I am new the forum. I wanted to know if the Holiday declared under NIA also applicable to private establishments. There a communication addressed to Labour Commissioner to issue instruction to all the private establishments, including Industrial and Commercial & Shop.Factory Act to declare Holiday on 30-07-2015 on the day of Funeral of the former President of India.
Now would the seniors /experts clarify if the establishments after declaring the Holiday, ask the employees to compensate the day as it is rather confusing that on one hand we have the Honble Supreme Courts' decision and on the other G.O. and letter to Labour Commissioner issued.
Shall be thankful if clarified.
From India, Chennai
Dear Hassan,
Since govt asked for one day national holiday for our beloved exp president who passes away, we should consider it as grieve day and should not compensate with other day .
Regards,
Parvez
9766623200
From India, Mumbai
Since govt asked for one day national holiday for our beloved exp president who passes away, we should consider it as grieve day and should not compensate with other day .
Regards,
Parvez
9766623200
From India, Mumbai
Dear All
It is correct that on the day of death or funeral of national leaders, we have to observe mourning. But the real question is @ what and whose cost ?. PFA copy of Supreme Court Judgement as per which the Negotiable Instruments Act is not applicable to private industrial establishments. If the employers have to declare paid holiday, it will a loss in production plus several crores of payment of wages and other charges. PFA the message of our great and beloved leader Bharat Ratna Dr A P J Abdul Kalam in this regard which is to be appreciated and followed to pay respects for the great leader. Employer's federation and other forums should represent to the Govts to grant exemption to Industrial establishments and such other commercial establishments or permit them to compensate the day or to declare as holiday without pay. This issue assumes great significance and we have to take some collective decision immediately in the interest of all concerned and to avoid any untoward happenings after any such incident in future.
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail :
)
From India, Bangalore
199It is correct that on the day of death or funeral of national leaders, we have to observe mourning. But the real question is @ what and whose cost ?. PFA copy of Supreme Court Judgement as per which the Negotiable Instruments Act is not applicable to private industrial establishments. If the employers have to declare paid holiday, it will a loss in production plus several crores of payment of wages and other charges. PFA the message of our great and beloved leader Bharat Ratna Dr A P J Abdul Kalam in this regard which is to be appreciated and followed to pay respects for the great leader. Employer's federation and other forums should represent to the Govts to grant exemption to Industrial establishments and such other commercial establishments or permit them to compensate the day or to declare as holiday without pay. This issue assumes great significance and we have to take some collective decision immediately in the interest of all concerned and to avoid any untoward happenings after any such incident in future.
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail :
From India, Bangalore
Mr Hassan1953,
It's highly regrettable that the State Governments don't care two hoots about a Supreme Court(Constitution Bench) judgement on the subject. A holiday declared under the NI Act is solely for the purpose of saving the validity period of a negotiable instrument like cheque, pronote or bill of exchange, but for which it would be barred by limitation and for no other purpose. A holiday so declared by the Government to protect banking transactions has nothing to do with the working hours/holidays pertaining to industrial/commercial establishments, which are governed by other specific legislations. Therefore your establishment ought not to have declared a holiday in the first place.
Now, having availed of a holiday on 30.07.2015 to 'mourn' and 'grieve' over the death of Dr. Kalam, I feel your establishment would be well within its right to ask its employees to compensate for the holiday granted, which was not legally due. When you make such a demand, I am sure that you will get a true picture of how much we really 'love' and 'respect' our beloved former president who was an epitome of hard work and who passed away during work !.
From India, Coimbatore
It's highly regrettable that the State Governments don't care two hoots about a Supreme Court(Constitution Bench) judgement on the subject. A holiday declared under the NI Act is solely for the purpose of saving the validity period of a negotiable instrument like cheque, pronote or bill of exchange, but for which it would be barred by limitation and for no other purpose. A holiday so declared by the Government to protect banking transactions has nothing to do with the working hours/holidays pertaining to industrial/commercial establishments, which are governed by other specific legislations. Therefore your establishment ought not to have declared a holiday in the first place.
Now, having availed of a holiday on 30.07.2015 to 'mourn' and 'grieve' over the death of Dr. Kalam, I feel your establishment would be well within its right to ask its employees to compensate for the holiday granted, which was not legally due. When you make such a demand, I am sure that you will get a true picture of how much we really 'love' and 'respect' our beloved former president who was an epitome of hard work and who passed away during work !.
From India, Coimbatore
Thanks for the Reply posted .
I agree with Mr.N. Nataraajhan that the Central and State government should be represented by the Employers' Federation to avoid untoward incidents and law and order situation and financial cost of the Small and Medium size industries . We do not deny the greatness of the National or State level leaders and at the same time we need a clear cut guidelines to act upon. There are different type of industries dealing with continues process also.
Hassan1953.
From India, Chennai
I agree with Mr.N. Nataraajhan that the Central and State government should be represented by the Employers' Federation to avoid untoward incidents and law and order situation and financial cost of the Small and Medium size industries . We do not deny the greatness of the National or State level leaders and at the same time we need a clear cut guidelines to act upon. There are different type of industries dealing with continues process also.
Hassan1953.
From India, Chennai
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Holiday Notification-NI A.pdf