The Industrial Establishments (National and Festival Holidays) Act is a state legislation and therefore, the number of holidays differ from state to state. In Tamil Nadu it is 4 national holidays, ie, 26 January, May 1st, 15th August and 2nd October, and five festival holidays which the employer in consultation with the workers can decide. The same in Karnataka is five national holidays (in Karnataka November 1st being state formation day is a national holiday) and five festival holidays whereas in Kerala there are four national holidays and nine festival holidays (probably the highest in India with respect to holidays). In UP, there is no mention about Festival Holidays but only national holidays are to be allowed. In Punjab there are four festival holidays and in Hariyana the number of festival holidays is five. In both these states, the number of national holidays is three. Therefore, in order to make sure whether you are following the statute, you have to go through your state’s enactment on National and Festival Holidays. But in any case 2nd of October is a national holiday.
An establishment which has an employment strength of more than 20 is certainly under an obligation to follow the holidays prescribed under the state Industrial Establishments (National and Festival Holidays) Act. Therefore, please take it up and ensure that you follow the rules.
Madhu.T.K