India is known for its rich diversity of public holidays, with numerous occasions to celebrate such as Gandhi Jayanti, Ambedkar Jayanti, and more. In a recent judgement, the Madras High Court has raised questions on the efficiency of public holidays in India, quoting the views of Dr. Ambedkar in a labour compensation case. The court observed that if Dr. Ambedkar were alive today, he would likely prefer that people work in his honour rather than take a day off. The judgement has sparked significant interest and has raised questions about the impact of excessive holidays on work performance. The court's order highlights the need for a balance between celebrating cultural traditions and maintaining productivity.
The Madras High Court's recent ruling on the Kudankulam Nuclear Power Employees Union's plea for remuneration towards labor conducted on 14th April 2018 a declared holiday on account of Ambedkar Jayanti has sparked significant interest. Co-incidentally, the court ruling has come after 5 years and interestingly, around Ambedakar Jayanti this year.
The hearing featured a thought-provoking statement made by the presiding Judge, Justice GR Swaminathan of the HC's division bench at Madurai, likening public servants to children eagerly anticipating holidays and the abatement of official responsibilities.
Also he praised Baba Saheb Ambedkar for his perseverance and commitment towards his responsibilities. Justice Swaminathan in the order said, "A group of college students organized an 18-hour study marathon at Mumbai as a tribute to Dr.Ambedkar on his birth anniversary. Babasaheb tirelessly studied for long hours in libraries. The same trait of toiling hard continued till the very end as he took up the cause of social emancipation as his life mission".
The petition sought wages for labor executed on April 14, Dr. Ambedkar's anniversary, which had been declared a national holiday by the Central Government.
Madras High Court ruled that public servants are akin to school children who always welcome holidays and exemption from work. Justice Swaminathan said in the order that, though Dr. Ambedkar was someone who would have wanted people to work hard instead of declaring holiday on his anniversary, and that a system of sentiments and symbolism is prevalent.
"Like Bharat Ratna Shri.A.P.J. Abdul Kalam, he too would have said “Don't declare holiday on my death, instead work an extra day, if you love me”. We, however, subscribe to sentiments and symbolism. Courtesy rather than efficiency is our hallmark. Whenever references are held in memory of departed Judges, the Court bell will go at 03.15 p.m. The function will conclude at around 03.45 p.m. with the Hon'ble Chief Justice solemnly announcing suspension of the Court work for the rest of the day as a mark of respect for the departed soul. There is similar loss of 90 minutes of working time when farewell functions are organized. Public servants are like school children. Grant of holidays and exemption from work are always welcome," the order read.
In 2018, the Central Government declared April 14, Dr. Ambedkar's birth anniversary, as a national holiday. Many "round-the-clock shift workers" employed working in the second respondent corporation had to work on that day, and they demanded double wages for their work. The management refused, citing that April 14 was already a declared holiday being a second Saturday.
The petitioners pleaded to the Madras High Court to grant them the benefit of wages as they were working on a holiday.
The High Court of Madras ruled that laborers of Kudankulam Nuclear Power Project are entitled to receive pecuniary rewards in accordance with Section 5(2)(b) of the 1958 Act. During the proceedings, it was elucidated that the 'round-the-clock shift workers' only require remuneration envisaged under the aforementioned provision and not dual benefits. The bench noted that for the 'round-the-clock shift workers', the concept of second Saturday does not exist. It was observed that 14th April 2018 was merely declared as a national holiday in light of Dr. Ambedkar Jayanti. Therefore, any 'round-the-clock shift worker' should obtain the benefit set out in Section 5(2)(b) of the Act if they had worked on that day. Consequently, the court ordered the Site Director of Kudankulam Nuclear Power Project to confer the appropriate remuneration to the laborers.
The current working regimen for Central Government officers entails five days per week, leading to a prodigious total of 104 days Holiday in a year when considering weekends. Additionally, amongst the 19 holidays granted, there exist 3 National Holidays, 2 Restricted Holidays, and 14 Gazetted Holidays.
Civilian Government employees could also relish 30 days Earned Leave, 20 days Half Pay Leave, and 8 days Casual Leave. Other leaves are available based on the prescriptions of the 7th Pay Commission leave rules.
While 17 days in 2023 are labeled as gazetted holidays by the Central Government, the number of public holidays tends to differ across states, for instance, ranging from 14 in a year in Delhi to 34 in Odisha, discovered through a scrutinized analysis by Business Standard. The average public holidays for 24 states (excluding specific north-eastern states and Union Territories) was determined to be 25, with Jharkhand possessing 33, Assam and Himachal Pradesh having 32, and Rajasthan having 31 days of public holidays among the states with over 30 days as public holidays. In contrast, five of the 24 states assigned less than 20 days as public holidays in their office orders.
Apart from public holidays, state employees have the option to choose two or three days off from the reserved list as a holiday. For instance, some states provide additional days off dedicated to their women staff or specific days for certain communities. West Bengal observes the Hul Diwas holiday for Santhals on June 30.
A senior official of the Agriculture Department in Kerala, provided insight to The Mooknayak, on the number of public holidays allocated to state employees. According to him, there are a total of 89 public holidays in 2023, including all Sundays and festivals. He also added that there has been a persistent demand for a five-day workweek approach similar to central government offices, although only the education department in Kerala has currently adopted this approach for their schools and education offices. In addition to the gazette holidays, state employees in Kerala also have access to 20 casual leaves and prescribed half-day leaves, which the officer believes are quite sufficient.
Rajasthan's Chief Minister this year announced 2 new public holidays, one on Devnarayan Jayanti and the second one, recently announced on the occasion of Mahatma JyotiBa Phule's birth anniversary. The move was supported by Ex-MP Raghuveer Singh Meena, who believes that the announcement of public holidays is based on public demand and respects the sentiments attached to that particular day. He added that with Rajasthan being a large region with diverse cultural and religious differences, it is important to consider everyone's feelings. Therefore, the number of holidays may seem more or less from various perspectives. This highlights the significance of public sentiment when it comes to deciding the number of public holidays, especially in regions with diverse cultural backgrounds like Rajasthan. The state observes holidays on Mahaveer Jayanti, Ambedkar Jayanti, Maharana Pratap Jayanti, Ramdev Jayanti, Gandhi Jayanti, GuruNanak Dev Jayanti.
Falguni, a final year student pursuing BA LLB degree, voices concern on the impact of numerous holidays on academic performance. She highlights the problem of limited study time given the high number of holidays in a semester, which leaves only 10-15 days of actual study. This can lead to a rushed syllabus and poor academic outcomes, affecting the overall academic level of students. Falguni's statement points to the need for a re-evaluation of the holiday schedule to ensure that students have sufficient time to cover their course material and achieve their academic goals.
According to a senior Administrative officer in Rajasthan, who spoke on the condition of anonymity, the announcements of new holidays in India is often influenced by political factors. He also highlighted that in foreign countries, people generally have only the weekends to rest and rejuvenate, whereas in India, holidays are declared on the Jayantis of great leaders and other occasions. While these holidays are important for celebrating India's rich cultural heritage, they have an adverse effect on productivity for some individuals. The excessive number of holidays can result in a decrease in efficiency, thereby disrupting work schedules and causing delays in the completion of projects.
While there is no country-wide comparison of holidays available for the Indian populace, studies comparing the numbers to the United States and the United Kingdom imply that the Indian states encompass twice or thrice as many days off. Consequently, eleven days were declared as bank holidays in the United States, while eight days became bank holidays in the United Kingdom in 2022.
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