Does Public Holiday Include Private Companies Also

Bharat Ratna “GanSamradni” Ms Lata Mangeshkar’s sad demise on 6th February 2022 has left an irrevocable void in the world of music and arts.

To mourn the great singer’s departure and the resultant loss; under the authority conferred to the State Government by Negotiable Instruments Act ,1881(statute 26 of 1881) section 25, the Govt. of Maharashtra hereby declares Monday, 7th February 2022 as a public holiday for mourning.

For notification Visit :- Public Holiday for Bharat Ratna Ms Lata Mangeshkar’s sad Demise

After getting Notification Public Holiday for the sad demise of Bharat Ratna Ms Lata Mangeskar, every one has started asking is Private Sector or company shall also remain closed on the public holiday for mourning by the Nation & State.

It is contended that on the demise of Bharat Ratna Ms Lata Mangeskar the Government of Maharashtra issued No. SarVasu-1122/Pr kra. 21/Karya – 29 under Negotiable Instruments Act, 1881

The object of the Negotiable Instruments Act, 1881 is only to define and amend the law relating to promissory notes, bills of exchange and cheques. Section 2(22) of the Negotiable Instruments Act, 1881, defines “Maturity” as follows:-

“The maturity of a promissory note or bill of exchange is the date at which it falls due.”

Section 25 of the Negotiable Instruments Act, 1881, deals with a situation when the day of maturity is a holiday by stating that

“When the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding business day”

It means “public holiday” includes Sundays and any other day declared by the Central Government, by notification in the Official Gazette, to be a public holiday.

A combined reading of preamble, Section 2(22), 24 and 25 of the Negotiable Instruments Act, 1881, would reveal that the power of the Government to declare public holiday under the Negotiable Instruments Act, 1881, is applicable only to Government Sector, Banks and Financial Institutions. The Negotiable Instruments Act, 1881 have no application to a private industry.

In support of above expression please refer to the Tara and Others vs. Director, Social Welfare and Others [(1998) 8 SCC 671], the Hon'ble Supreme Court observed as follows

“2. There is no infirmity in the conclusion reached by the Labour Court on the basis of the decision of this Court in Ganesh Razak [(1995) 1 SCC 235 : 1995 SCC (L&S) 296 : (1995) 29 ATC 93] that the claim made by the appellants is not maintainable under Section 33-C(2) of the Act. This is obvious from the fact that the status and nature of employment of the appellants is itself disputed and unless there is a prior adjudication on merits of the status which is the foundation for making the claim for wages at the specified rates, the question of moving an application under Section 33-C(2) for computation of the wages does not arise. We find that the Labour Court has recorded some findings which may be relevant for the disputed status of the appellants as anganwadi workers/helpers even though it has rightly reached the conclusion that the applications do not lie under Section 33-C(2) of the Act. It is clear that the question of maintainability of the applications under Section 33-C(2) was required to be determined at the threshold and the question of examining the appellants' claim on merits relating to their status could have been gone into thereafter if the applications were held to be maintainable under Section 33-C(2). In view of the conclusion rightly reached by the Labour Court that the applications were not maintainable under Section 33-C(2), its other findings relating to the status and nature of employment of the anganwadi workers/helpers were wholly uncalled for. All such findings are, therefore, not to be construed as deciding any point relating to the status of the appellants.”

With reference to the facts presented in the lis on hand, admittedly, the Government declared a holiday in G.O.Ms.No.1005, 2018 (Protocol-I) Department, dated 28.07.2015. However, the said Government Order is inapplicable to the Private Companies, which all are otherwise governed under the provisions of the Factories Act

Also refer :- The Management Of vs The Presiding Officer on 4 October, 2019 by the Hon'ble Madras High Court which was contended that on the demise of the former President of India, Dr.A.P.J. Abdul Kalam on 27.07.2015, the Government of Tamil Nadu issued G.O.Ms.No.1005 Public (Protocol -I) Department dated 28.07.2015 announcing that 30.07.2015 was declared as a public holiday for all Educational Institutions and for all Government/Private Establishments under the Negotiable Instruments Act, 1881 as a mark of respect to the former President, said The said notification issued under Negotiable Instruments Act, 1881, is not applicable to the private sector employee.