Section 5 in The Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963
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 or 3A.(2)Where an employee works on any holiday allowed under section 3 or 3A, 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.(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 holidays allowed under sections 3 and 3A,—(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 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 and the 2nd October and the holiday allowed under section 3A 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.—For the purpose of this proviso, a weekly or any other holiday or authorised leave availed of by an employee shall be included in computing the period of thirty days mentioned therein.
