Section 5(3) in The Kerala Industrial Establishments (National And Festival Holidays) Act, 1958
(3)Notwithstanding anything contained in sub-section (1) or sub-section (2), an employee who is paid wages by the day or at piece rates shall be entitled to be paid wages for any holiday allowed under section3,-(i)Only at a rate equivalent to the daily average of his wages for the days on which he actually worked during the thirty working days immediately preceding such holiday;(ii)where he works on any such holiday, only at twice the rate mentioned in clause (i) and to avail himself of a substituted holiday with wages at that rate on any other day:Provided that no such employee shall be entitled to be paid any wages for any of the holidays allowed under section 3, other than the 26th January, the 15th August the 1st May and the 2nd October unless he has been in the service under the employer for a total period of thirty days within a continuous period of ninety days immediately preceding such holiday.Explanation.-A weekly or other holiday or authorized leave availed of by an employee shall be included in computing the period of thirty days mentioned in the preceding proviso).
