Notwithstanding any contract to the contrary, every worker shall, for each of the national and festival holidays and of the casual or sick leave, be paid by the employer wages at a rate equivalent to his average daily wage;
Provided that –
(a) no worker shall be entitled to be paid such wages for any holidays, or leave other than a national holiday, if his name was not on the rolls of the industrial establishment continuously for a period of one month immediately preceding such holidays or leave;
(b) where a worker is entitled to sickness benefit under the Employees State Insurance Act 1948, or sickness allowance under the Plantation Labour Act, 1951, he shall not be entitled to be paid such wages for the days of sick leave allowed to him under this act; and
(c) where a worker is not entitled to such sickness benefit or sickness allowance, he shall be paid waes for the days of sick leave, allowed to him under this Act at a rate equivalent to one half of the average daily wage.
(2) Where a worker works on any holiday allowed under section 3, he shall at his option, be entitled to—
(a) twice his average daily wage for that day, or
(b) his average daily wage for that day and a substituted holiday will his average daily wage on any other day within ninety days from the day on which he so works.
Explanation. – For the purpose of this section, the average daily wage of a worker shall be computed on the basis of his total full time wages during the preceding three calendar months exclusive of any over-time wages, if any;
Provided that the average daily wage of worker who is paid wages by the day of at piece fate shall be computed on the basis of his wages for the days on which he actually worked during the month immediately preceding such holidays or leave.