Section 5(3) in The Orissa Industrial Establishments (National and Festival) Holidays Act, 1969
(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.
