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The Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act, 1965

Punjab Act 14 of 1965

hl278

(a) "day" means a period of twenty-four hours beginning at mid-night :

(b) "worker" means -

(i) any person (including an apprentice) employed in any industrial establishment to do any skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied; or

(ii) any other person employed in any industrial establishment whom the Government may, by notification, declare to be a worker for the purposes of this Act;

(c) "employer", when used in relation to an industrial establishment, means the person who has ultimate control over the affairs of the industrial establishment, and, where the affairs of any industrial establishment are entrusted to any other person, whether called a managing agent, manager, superintendent, or by any other name, such other person shall be deemed to be the employer;

(d) "Government" means the Government of the State of [Haryana];

(e) "Industrial establishment" means -

(i) any factory as defined in clause (m) of section 2 of the Factories Act, 1948 (Central Act 63 of 1948), or any place which is deemed to be a factory under sub-section (2) of section 85 of that Act; or

(ii) any plantation as defined in clause (f) of section 2 of the Plantation Labour Act, 1951 (Central Act 69 of 1951);

(f) "Inspector" means an Inspector appointed under sub-section (1) of section 7;

(g) "prescribed" means prescribed by rules made under this Act;

(h) "wages" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a worker in respect of his employment or of work done in such employment, but does not include -

(a) any bonus;

(b) the value of any house accommodation, supply of light, water, medical facilities or other amenity or of any service or of any concessional supply of foodgrains or other articles;

(c) any contribution paid or payable by the employer :-

(i) to any pension or provident fund, and the interest which may have accrued thereon; or

(ii) for the benefit of the worker under any law for the time being in force;

(d) any travelling allowance or the value of any travelling concession;

(e) any sum paid to the worker to defray special expenses entailed on him by the nature of his employment; or

(f) any gratuity payable on the termination of employment.

(a) three national holidays of one whole day each on the 26th January, 15th August and 2nd October; and

(b) [five] other holidays on any of the festivals specified in the Schedule appended to this Act :

(a) no worker shall be entitled to be paid such wages for any holidays or leave, other than a national holiday, if his name was not on the rolls of the industrial establishment continuously for a period to one month immediately preceding such holiday or leave;

(b) where a worker is entitled to sickness benefit under the Employees' State Insurance Act, 1948, or sickness allowance under the Plantation Labour Act, 1951, he shall not be entitled to be paid such wages for the days of sick leave allowed to him under this Act; and

(c) where a worker is not entitled to such sickness benefit or sickness allowance, he shall be paid wages for the days of sick leave allowed to him under this Act at a rate equivalent to one half of the average daily wage.

(a) twice his average daily wage for that day, or

(b) his average daily wage for that day and a substituted holiday with his average daily wage on any other day within ninety days from the day on which he so works.

(a) enter at all reasonable times any place which is, or which he has reason to believe to be, an industrial establishment;

(b) make such examination of the premises and of any prescribed registers, records and notices and take on the spot or otherwise the evidence of such person as he may deem necessary for carrying out the purposes of this Act;

(c) exercise such other powers as may be necessary for carrying on the purposes of this Act :

(a) any worker drawing wages exceeding five hundred rupees per mensem and employed mainly in the managerial, administrative or supervisory capacity;

(b) any worker employed in any industrial establishment under the control of the Government or the Central Government, or any State Government to whom the Civil Service Rules or any other similar rules or regulations notified in this behalf by the Government, Central Government or any State Government, as the case may be, apply, and

(c) any mine or oil field.

(a) the manner in which, and the conditions on which, national and other holidays shall be allowed to the workers under section 3;

(b) the number of days for which, the manner in which, and the conditions on which, casual and sick leave shall be allowed to workers under section 4;

(c) the form and manner in which an account of festival holidays, casual leave and sick leave of workers shall be maintained by employers under section 6.

The Schedule

(See Section 3(1)(b))