Section 5(1) in The Kerala Industrial Establishments (National And Festival Holidays) Act, 1958
(1)Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under section 3, whether or not the employer has not required, or could not require, him under sub-section (1) of section 4A to work on that holiday or whether that holiday falls or does not fall during the period of a strike or illegal lock-out:Provided that if such holiday falls during the period of a lay off, the employee shall be paid fifty per cent of the total of the basic wages and dearness allowance that he would have been entitled to, had he not been so laid off:Provided further that no such employee shall be entitled to be paid any wages for any of the holidays if such holiday falls during the period of a strike which is illegal under section 24 of the Industrial Dispute Act, 1947 (Central Act 14 of 1947), and such employee has participated in the strike.Explanation,- For the purpose of this sub-section, the expression " strike", "lock-out" and "lay-off" shall have the meanings respectively assigned to them in the Industrial Disputes Act, 1947 (Central Act 14 of 1947)".)
