Andhra Pradesh Factories And Establishments National Festival And Other Holidays Rules 1974

Three spinning mills situated in Anantapur in Andhra Pradesh operated round the clock. The first shift at the mills was from 8:00 am to 4:30 pm. The second shift was from 4:30 pm to 1:00 am, and the third shift was from 1:00 am to 8:00 am. Since elections were going to be held, the workers demanded a paid holiday in order to vote.

The owners of the mills filed a petition and questioned the notification issued by the state government under the Andhra Pradesh Factories And Establishments (National Festival and Other Holidays) Act of 1974, which used the 1974 calendar with festivals as the basis for deciding paid holidays to be granted to the workers.

The Act declared that all election days were paid holidays and stated that a day was defined as twenty-four hours starting from midnight. Since the spinning mills worked in three shifts, the owners declared that if they shut down production for twenty-four hours under the said Act, they would suffer an irreparable loss due to wastage of yarn.

Thus, it is important to know the conditions under which workers are entitled to paid holidays. Read the following to know:

Andhra Pradesh Factories and Establishments Act of 1974 decided paid holidays to be granted to employees on the basis of the 1974 calendar with festivals
Definition of important terms covered by the Act
Andhra Pradesh Factories And Establishments Rules based on the said Act which used the 1974 calendar with festivals for deciding paid holidays
Notification of Festival Holidays under Andhra Pradesh Factories and Establishments Act, 1974
Granting Holidays and Paying Wages under the said Act that used the 1974 calendar with festivals as the basis for determining paid holidays
Appointing Inspectors and Conferring Powers under the Act
Recovery of Wages in Case of Default under the Andhra Pradesh Factories and Establishments Act that decided the paid holidays based on the 1974 calendar with festivals

The Verdict: The petitioners stated that since the election hours were from 8:00 am to 5:00 pm, there was no need to declare the entire twenty-four hours starting from midnight as a paid holiday. Since the purpose of declaring the election day as a paid holiday was to enable the workers to go to the polling booths and cast their votes to elect their representatives, the judge felt that there was no justification in declaring the entire twenty-four hours as a paid holiday.

The courts ruled that it was enough if the spinning mills stopped production in the first shift. The decision was issued in accordance with the Andhra Pradesh Factories and Establishments Act which used the 1974 calendar with festivals for determining paid holidays.

In this articles, we cover:

Andhra Pradesh Factories and Establishments Act (Used The 1974 Calendar with Festivals)

The Andhra Pradesh Factories and Establishments Act used the 1974 calendar with festivals as the basis to grant national and festival holidays to people employed in industries in the state of Andhra Pradesh. As per the Act, the minimum number of paid holidays is 8 days in a calendar year.

Some Definitions Covered by the Act (1974 Calendar with Festivals Used)

According to the Andhra Pradesh Factories Act of 1974 that used the 1974 calendar with festivals to determine paid holidays, a day refers to the period of twenty-four hours beginning at midnight
An employer is a person who controls the affairs of the factory or establishment. This act covers the cases where the affairs of the factory or establishment are entrusted to a managing agent, manager, or superintendent
As per the Act that used the 1974 calendar with festivals as the basis for deciding paid holidays, an employee is any person working in a factory or an establishment performing skilled or unskilled work, manual, supervisory, technical, or clerical work for wages, compensation and allowance. According to the Act, even an apprentice is considered an employee
The term establishment is defined by the Andhra Pradesh Shops and Establishments Act of 1966. The term establishment also includes any other place which the Government declares to be an establishment for the purposes of this Act
The term factory is defined by the Factories Act of 1968. The term factory also refers to any place which is deemed to be a factory under the same Act
The government refers to the State Government
The term inspector is used for a person appointed under subsection (1) of Section 6
Notification refers to the notice published in the Andhra Pradesh Gazette
According to the Andhra Pradesh Factories and Establishments Act that used the 1974 calendar with festivals for determining paid holidays, wages refer to all the remuneration capable of being expressed in terms of money that is payable to the employees if the terms of employment are fulfilled. Wages include dearness allowance and the value of accommodation, electricity, water, medical facilities, food grains, and other facilities provided at a concessional rate. Wages don't include bonuses and contributions made by the employer to the pension fund, provident fund, or for the benefit of the employees. Any gratuity that is paid on the termination of service is also not a part of wages. Amount paid to the employees in lieu of special expenses that they are entitled to due to the nature of their employment and concessions for travel are also not included in wages.

Andhra Pradesh Factories And Establishments Rules (1974 Calendar with Festivals Used)

The Governor of Andhra Pradesh made rules in accordance with the aforementioned Act. These rules were called the Andhra Pradesh Factories And Establishments Rules and they used the 1974 calendar with festivals as the basis to decide on paid holidays
The Andhra Pradesh Factories And Establishments Rules that used the 1974 calendar with festivals to decide paid holidays did not affect any rights or privileges than the employees were entitled to in case such rights or privileges were more favorable to the employees that those conferred by the Act
The said Act that used the 1974 calendar with festivals to determine holidays did not apply to employees who were working as managers and employees who traveled for the purpose of work. The rules didn't apply to factories or establishments under the control of the Central or State Government, local authority, Reserve Bank of India, and railway administration. People working in mines and oil fields too did not benefit as a result of this Act
The government could exempt either permanently or for any specified period, a factory or an establishment, a class of factories or establishments, and persons or class of persons from all or any of the provisions of the Andhra Pradesh Factories And Establishments Rules that used the 1974 calendar with festivals subject to the certain conditions

Notification of Paid Holidays (1974 Calendar with Festivals Used)

Under the Andhra Pradesh Factories and Establishments Act that used the 1974 calendar with festivals for determining holidays, the Deputy Commissioner of Labour could notify the organizations of employers and employees of five festival holidays other than 26th January, 15th August and 2nd October.

The Act that used the 1974 calendar with festivals as the basis to decide paid holidays stated that if most of the employees or the employees' union in any factory or establishment chose to have the 1st of May as one of five holidays, they had to submit their request in writing to the Deputy Commissioner of Labour of the area before the end of November each year.

The Deputy Commissioner of Labour would have to consider the request and notify the employees and employers of the five holidays by the 10th of December of each year in accordance with Andhra Pradesh Factories and Establishments Act that used the 1974 calendar with festivals to determine paid holidays.

Payment of Wages Under the Act (1974 Calendar with Festivals Used)

In accordance with the Andhra Pradesh Factories and Establishments Act that used the 1974 calendar with festivals for deciding paid holidays, every employee will be allowed in each calendar year a holiday on 26th January, 15th August, and 2nd October. 1st of May will be declared a holiday if the employees so desire. In addition to these holidays, four other holidays will be declared for other festivals.

The festival holidays can also be substituted by other holidays provided the employees agree and the employer informs the state government. Under the Act that used the 1974 calendar with festivals as the basis for deciding holidays, the government due to emergency or special circumstances in the state can declare a holiday in any calendar year.

Employers have to send a statement to the Inspector having jurisdiction over the area in which the factory or establishment is situated and display on the premises of such a factory or establishment a notice showing the holidays allowed in each calendar year in accordance with the Andhra Pradesh Factories and Establishments Act that used the 1974 calendar with festivals for deciding paid holidays.

All employees have to be paid wages for the holidays granted to them. However, employees have to be paid wages for holidays only if they have worked at least thirty days in a span of ninety days immediately preceding the holiday. Employees who are on paid leave for a period of time preceding the holiday are not entitled to a paid holiday.

Any employee may be required by the employer to work on a holiday that has been declared provided the employer has had less than twenty-four hours notice before such a holiday. The employees however have to be given the notice to work in writing. The notice has to be sent to the Inspector having jurisdiction over the area in which the factory or establishment is situated. It also has to be displayed on the premises of the factory or establishment.

When employees work on holidays, the Act that used the 1974 calendar with festivals as the basis for determining paid holidays, states that employees are entitled to twice the wages. They can also take a paid holiday on one of the three days immediately before or after the day on which they work. Employees who are paid daily wages are entitled to wages for any holiday at a rate that is equivalent to the daily average of their wages.

Any employer who violates Section 3 and Section 5 of the Andhra Pradesh Factories and Establishments Act that used the 1974 calendar with festivals to decide paid holidays will be punished with a fine which can amount to Rs 150 for the first offense. For second and subsequent offenses the fine may extend to seven hundred and fifty rupees.

Appointing Inspectors and Conferring Powers Under the Act (1974 Calendar with Festivals Used)

Under Andhra Pradesh Factories and Establishments Act that used the 1974 calendar with festivals as the basis for determining paid holidays, the Government can appoint inspectors who are considered public servants for the purpose of implementing the Act. Inspectors are bound by the rules made by the Government and ensure that the holidays and wages in the local area within their jurisdiction are in accordance with the Act.

The inspectors have the authority to enter a factory or an establishment along with their assistants who are employees of the government or local authorities at all reasonable times. They can examine the premises, registers, records, and notices and gather evidence from people on the spot to make sure that the employees are granted holidays and paid wages in accordance with the Andhra Pradesh Factories and Establishments Act that used the 1974 calendar with festivals to determine paid holidays.

Even though the inspectors can exercise their powers for implementing the Act that used the 1974 calendar with festivals to decide paid holidays, people cannot be compelled to answer any question or give any evidence that can incriminate them. If anybody obstructs the inspectors while they are trying to enforce the Act that used the 1974 calendar with festivals to determine paid holidays, they will be punished with a prison term of up to three months or with a fine of up to five hundred rupees or both. The inspectors can make a complaint to the court in writing within 6 months from the time an offense comes to their notice and the court will issue a verdict on the same.

Recovery of Wages in Case of Default Under the Act (1974 Calendar with Festivals Used)

If any employer doesn't pay wages to the employees for each of the holidays allowed under the Andhra Pradesh Factories and Establishments Act that used the 1974 calendar with festivals to determine holidays, the employees or any trade union of which they are members can claim wages for the holidays allowed under this Act. It is even possible for an Inspector or any authorized representative to claim wages for the employees for the holidays allowed under the Act that used the 1974 calendar with festivals as the basis for determining holidays.

Conclusion

There have been several instances of factory workers being denied holidays by their employers even though the state governments declare holidays on certain days. There are also instances of the workers demanding holidays when they are not entitled to them. Many years ago there was a dispute between the owners of a well-known factory and the employees.

The state government declared a paid holiday for the workers on election day. However, the factory owners decided that there was no need for all the shift workers to be granted a paid holiday since it was possible for some of the workers to show up at work and still vote once their shift was over.

The workers decided not to show up at work on election day. The management responded by informing the workers that they would not be paid since they had taken a holiday without the management's consent. When the matter went to court, the judge ruled in favor of the management.

A case like this highlights the importance of the Andhra Pradesh Factories and Establishments Act that used the 1974 calendar with festivals to determine paid holidays that the workers are entitled to. If factories and establishments follow the rules, there will be no dispute between the workers and the management.

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Key Takeaways

Andhra Pradesh Factories and Establishments Act used the 1974 calendar with festivals for deciding on paid holidays
The Act clearly stated the minimum number of holidays that the factory workers were entitled to in a calendar year. According to the Act, the workers were entitled to at least 8 holidays in a calendar year
Andhra Pradesh Factories and Establishments Act that used the 1974 calendar with festivals as the basis for deciding paid holidays stated that every employee would be allowed in each calendar year a holiday the whole day on 26th January, 15th August, and 2nd October. 1st May would be declared as a holiday if the employees so desire. In addition to these holidays, four other holidays would be declared for other festivals
The Act stated that the Deputy Commissioner of Labour could notify the organizations of employers and employees of the five festival holidays other than 26th January, 15th August, and 2nd October
The Act that used the 1974 calendar with festivals to decide paid holidays declared that all employees had to be paid wages for all the holidays granted to them
Andhra Pradesh Factories And Establishments National Festival and Other Holidays Act ordered the Government to appoint inspectors who were considered public servants for the purpose of implementing the Act
Andhra Pradesh Factories and Establishments Act that used the 1974 calendar with festivals for deciding paid holidays allowed for the recovery of wages in case of default