Section 5 in The Kerala Industrial Establishments (National And Festival Holidays) Act, 1958
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, 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)".)(2)Where can employee works on any holiday allowed under section 3, he shall be entitled to twice the wages and to avail himself of a substituted holiday 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 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).(4)Any amount due to an employee under this Act shall be recoverable as arrears of land revenue under the Revenue Recovery Act for the time being in force.
