ASSAM MATCH COMPANY LIMITED Vs. BIJOY LAL SEN

JUDGEMENT

(1.) In this appeal by special leave, the question that arises for consideration is whether the appellant has contravened Section 9-A of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), when at the request of the majority of the workmen the holiday for Diwali was changed from 11th November, 1966 to the next day. According to the usual practice at the commencement of the year 1966, the appellant had published a list of holidays for that year. According to this list, the holiday for Kali Puja was stated to be on Friday, the 11th November, 1966. On November 5, 1966, the appellant notified that the factory will remain closed for Kali Puja on Friday, the 11th November, 1966. This notification was only on the basis of the list of holidays referred to earlier. The workmen in this company were represented by two unions (1) Amco Employees' Association (hereinafter referred to as the Association) and (2) Amco Sramik Sangha (hereinafter referred to as the Sangha). There is no controversy that the Sangha represented the majority of the workmen of their company.

(2.) On November 10, 1966, the General Secretary of the Sangha wrote a letter to the Factory Manager of the appellant requesting him to close the factory on Saturday, the 12th November, 1966, on account of Kali Puja instead of the 11th instant, as already notified by the company on November, 5, 1966. A further request was made in this letter that the factory may be kept working on Friday, the 11th November, in accordance with the timings mentioned therein. The General Secretary further stated in this letter that if the request of change in the holiday is not accepted, a large number of workmen will not be attending on Saturday, the 12th November, which will result in heavy loss of production. On receipt of this letter, the appellant put up a notice the same day that in response to the request of the Sangha, the factory will remain closed for Kali Puja on Saturday, the 12th November, instead of Friday, the 11th, as previously notified. This notice stated that the factory will remain open on Friday, the 11th November, during the hours mentioned therein. Quite naturally, this notice cancelled the previous notice dated November, 5, 1966.

(3.) After the Company's notice regarding the change of holiday for Diwali was put up on the notice-board, the Association, on the day (November, 10, 1966) addressed a letter to the management that the change of holiday for Diwali was not justified and that the date originally declared as a holiday, namely, the 11th November, should be allowed to stand. The company obviously did not accede to this request of the Association with the result that most of the workmen attached to the Association did not attend to work on November 11, 1966. The wages for that day were not paid by the appellant to those workmen on the ground that they were absent from duty.