Legal Question in Employment Law in

Sir, I am working in a PSU of INDIA Govt. Recently I had to undergone duties on my scheduled weekly off days. Earlier Management gives us one OVERTIME and one Compensatory Off day as per one provision of Factory Act. Other provision of the act (a substitute off day within 3 days) was not applied by Management to us.

Recently our recognized union has made an agreement with Management that Compensatory Off will not be accrued to workmen normally. If accrues then same Compensatory Off will be enchased only not to be availed.

After the agreement , now our Management is forcing us to take a substitute off day within 3 days.

Sir, now my question is what is my entitlement if I do duty in my scheduled weekly off day or wheather a union can do agreement with Management violating the Factory Act 1948?

We were availing CCL(Compensatory Casual Leave) under section -53(1) of The Factories Act-1948 in INDIA. There is no provision for the en-cashment of C-OFF in the act.

THE FACTORIES ACT-1948 (in INDIA)

52. Weekly holidays.-

(1)

No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless-

(a) He has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and

(b) The manager of the factory has, before the said day or the substituted day under clause (a). whichever is earlier, -

(i) Delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and

(ii) Displayed a notice to that effect in the factory:

Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.

(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.

(3) Where, in accordance with the provisions of sub-section (1) , any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.

53. Compensatory holidays. -

(I) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.

(2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed

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