(1) Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under section 3.
(2) (a) Notwithstanding anything contained in section 3, any employee may be required by the employer to work on any holiday allowed under that section if the employer has not less than twenty-four hours before such holiday --
(i) served in the prescribed manner on the employee a notice in writing requiring him to work as aforesaid; and
(ii) sent to the Inspector having jurisdiction over the area in which the industrial establishment is situated and displayed in the premises of the industrial establishment a copy of such notice.
(b) Where an employee works on any holiday allowed under section 3 he shall, at his option, be entitled to ---
(i) twice the wages; or
(ii) wages for such day and to avail himself of a substituted holiday with wages on any other day.
1 Ins. by Act 10 of 1970, section 2, w.e.f. 5-5-1970.
* Amended vide Act No. 10 of 1971 w.e.f. 24-04-1971.
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(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 section 3 --
(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,*[1st May,] the 15th August, the 16th August 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. – For the purpose of this proviso a weekly or any other holiday or authorized leave availed of by an employee shall be included in computing the period of thirty days mentioned therein.