Section 5(3) in Tamil Nadu Industrial Establishments (National, festival and special 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 section 3-(i)only at a rate equivalent to the daily average of his wages to be calculated in the prescribed manner;(ii)where he works on any such holiday, only at twice the rate mentioned in clause (i), or in lieu thereof, at the rate mentioned in that clause and to avail himself of a substituted holiday with wages at the rate [on one of the three days immediately before or after the day on which he so works:] [Substituted by Tamil Nadu Industrial Establishments (National and Festival Holidays) Amendment Act, 1970 (Tamil Nadu Act 7 of 1970).]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 1st May, the 15th August and the 2nd October] [Substituted by Madras Industrial Establishments (National and Festival Holidays) Amendment Act, 1964 (Tamil Nadu Act 17 of 1964).] if he has not completed a period of thirty days' continuous service immediately preceding such holiday.Explanation. - For the purpose of this proviso, a weekly or any other holiday or authorized leave availed of by an employee shall be included in computing the period of thirty days mentioned therein.
