2[xxx]
(4) Every employee in an establishment shall be allowed in each week holiday of one whole day :
2[xxx]
(5) No deduction shall be made from the wages of any employee in an establishment on account of any day on which it has remained closed as a holiday under sub-section (1) or on which an employee has been on his weekly holiday under sub-section (2) and if an employee is employed on daily wages, he shall nonetheless be paid the daily wages of the day on which such establishment remains closed or on which the employee is on his weekly holiday unless he is absent on the day preceding such day.)
Comments & Case-law [The cognizance of the offence u/s 12 (1) can be taken only if the complaint is filed within six months on the date on which the offence has been committed. If period of six months expires on a holiday, the complaint must be filed on the re-opening day. Sitaram. v.
State of Bihar, 1977 BBCJ 694.
Opening of shop for work on a closed day is an offence. Khan Mohd. v. State of A.P., 1973 Lab. IC 239. See also 1961 (2) LLJ 67 : 1961 (2) LLJ 57.
The restriction imposed is not unreasonable. Shambhu Pd. v. State of U. P., 1960 (1) LLJ 431. See also 1959 (2) LLJ 257.]