Definitions.

In this Act, unless the context otherwise requires,—

1. (1) “day” means a period of twenty-four hours beginning at midnight;
2. (2) “employee” means,—
   • (i) any person (including an apprentice) employed in any industrial establishment to do any skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied;
   • (ii) any other person employed in any industrial establishment whom the State Government may, by notification, declare to be an employee for the purposes of this Act;
3. (3) “employer”, when used in relation to an industrial establishment, means a person who has the ultimate control over the affairs of any industrial establishment and where the affairs of any industrial establishment are entrusted to any other person (whether called a managing agent, manager, superintendent or by any other name) such other person;
4. (4) “industrial establishment” means,—
   • (i) any shop or commercial establishment as defined in clauses (e) and (u) of section 2 of the 1[Karnataka]1 Shops and Commercial Establishments Act, 1961; 1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
   • (ii) any factory as defined in clause (m) of section 2 of the Factories Act, 1948 (Central Act LXIII of 1948), or any place which is deemed to be a factory under subsection (2) of section 85 of that Act;
   • (iii) any plantation as defined in clause (f) of section 2 of the Plantation Labour Act, 1951 (Central Act LXIX of 1951);
   • (iv) any other establishment which the State Government may, by notification, declare to be an industrial establishment for the purpose of this Act;
5. (5) “Inspector” means an Inspector appointed under sub-section (1) of section 6;
6. (6) “notification” means a notification published in the official Gazette;
7. (7) “wages” means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of the work done by him in such employment, and includes,—
   • (i) such allowances (including dearness allowance) as the employee is for the time being entitled to;
   • (ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles; but does not include,—
   • (a) any bonus;
   • (b) any contribution paid or payable by the employer to any pension fund or provident fund, or for the benefit of the employee under any law for the time being in force;
   • (c) any gratuity payable on the termination of his service;
   • (d) any sum paid to an employee to defray special expenses entailed on him by the nature of his employment;
   • (e) any travelling concession. 1[3. Grant of National and festival Holidays.—(1) Every employee shall be allowed in each calendar year, a holiday of one whole day on the 26th January, 15th August, 2nd October and five other holidays each of one whole day for such festivals as the employer may specify, from out of the list of festivals specified in the Schedule appended to this Act in consultation with the trade unions or in the absence of any trade union in consultation with the employees or their authorised representatives in such manner as may be prescribed: Provided that except in the case of Industrial establishments owned or controlled by the Government of India, the number of such other holidays shall be seven including first day of May and first day of November.
8. (2) Whenever there is any disagreement between the employer and employees or the trade Unions concerned as to the festivals to be allowed as holidays during each calendar year the employer or the employees of the concerned Trade Union shall refer the dispute to the Inspector, having jurisdiction over the area in which the Industrial establishment is situated, for his decision and his decision shall be final.