Day of Polling is Paid Holiday for employees & workers of all Public & Private Organizations in the State whether they are registered electors of Haryana or not — Advocate Hemant
Matter raised with ECI, CEO Haryana & State Govt for rectification of Poll Holiday Notification issued by Haryana Govt
Chandigarh– Saturday 5 October 2024 is day for Polling for all 90 Assembly Constituencies (ACs) in the State of Haryana.
Meanwhile, last week on 18/20 Sep, a Notification bearing No. 28/02/2005-1HR- 1 has been issued by the Human Resources Deptt of Haryana Government which also bears the seal and signature stamp of TVSN Prasad, Chief Secretary, Haryana and which reads as under —
It is hereby notified that Saturday, the 5th October 2024, the day of Poll for General Election to Haryana Legislative Assembly, 2024 shall be observed as Paid Holiday/Special Casual Leave (Paid) in all Haryana Government offices and its Boards/Corporations/Educational Institutions under Section 25 of the Negotiable Instruments Act, 1881 and under section 135-B of the Representation of the People Act, 1951 ( amended in 8/1996) in respect of those employees of the State Government who are registered voters of Haryana State for casting their vote in the General Election to Haryana Legislative Assembly, 2024.
It is also notified that the employees of various factories, shops and private establishments located in Haryana, who are registered voters of Haryana, are entitled to paid leave under section 135-B of the Representation of the People Act, 1951 ( amended in 8/1996) for the same purpose.
Be that as it may, Hemant Kumar, an Advocate at Punjab & Haryana High Court and who also happens to be a registered elector of Ambala City Assembly Constituency (A.C.) in Haryana has written to Election Commission of India (ECI), the Chief Electoral Officer (CEO), Haryana as well the State Government of Haryana to the Human Resources Department firstly asserting that every Saturday is already a State Government declared Gazetted Holiday in all Public Offices under the Haryana Government including in the current year 2024. In this regard, he has referred to the Haryana Govt. Notification No. 28/67/2008-1HR- 1 Dated 22 Dec 2023 in this regard. Hence, there is no need to declare Saturday 5th Oct 2024 as a Holiday as far as all the Public Offices under the Haryana Government are concerned.
Nevertheless, the State Government can declare Saturday 5th Oct 2024. as a Public Holiday within the meaning of Section 25 of Negotiable Instruments Act, 1881.
Furthermore, Hemant asserted that the day of Polling is to be statutorily declared as a Closed Holiday (read Paid Holiday) for every employee or worker working or engaged in every sort of Public Sector and Private Sector Organization irrespective of the fact that whether such person is a registered elector/voter of that State (in the instant case, read the State of Haryana) or not.
Thus, all those employees/workers etc. who are although working/engaged in the State of Haryana in any Public or Private Sector Organization but who are not registered electors/voters of Haryana State ( but rather are registered electors in other States e.g. Delhi, Himachal, Punjab, Rajasthan, Uttar Pradesh etc.) are also to be granted a Closed/Paid Holiday on Saturday, 5th October 2024 on account of Polling/Voting for General Election to Haryana Legislative Assembly, quipped Hemant.
However, when one reads the aforementioned Haryana Government Notification dated 18/20 September 2024, one finds that Paid Holiday/Special Casual Leave (Paid) is in respect of (only) those employees who are registered Voters of Haryana State. This is not an appropriate and correct position of law and thus it must be suitably rectified in letter and spirit, asserted Hemant seeking the intervention of ECI & CEO, Haryana in this matter.
