Section 5 in The Orissa Industrial Establishments (National and Festival) Holidays Act, 1969
5. Wages.
(1)Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under Section 3.(2)Where an employee works on any holiday allowed under Section 3, he shall, at his option be entitled to-(a)twice the wages ; or(b)wages for such day and to avail himself of a substituted holiday with wages on any other day within six months from the holiday, on which he so works.(3)Notwithstanding anything contained in Sub-section (1) or Subsection (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 for the days on which he actually worked during the month immediately preceding such holiday ;(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 that rate on any other day within six months from the holiday on which he so works :Provided that no such employee shall be entitled to be paid any wages for any of the holidays allowed under this section, if his name was not on the rolls of the industrial establishment continuously for a month immediately prior to the holiday :Provided further that no such employee shall be entitled to be paid any wages for any of the holidays allowed under this section if he was enjoying leave with pay.(4)Where any money is due to an employee from an employer under this Act, the employee or any other person authorised by him in writing in this behalf, or, in the case of death of the employee, his assignee or heir may, without prejudice to any other mode of recovery make an application to the State Government for recovery of the money due to him, and if the State Government are satisfied that any money is so due, they shall issue a certificate for that amount to the Collector within whose jurisdiction the industrial establishment is situate and the Collector shall thereupon proceed to recover the same in the same manner as if it were an arrear of land revenue payable to the State Government :Provided that every such application shall be made within one year from the date on which the money became due to the employee :Provided further that any such application may be entertained after the expiry of the said period of one year, if the State Government are satisfied that the applicant had sufficient cause for not making the application within the said period.
