HINDUSTAN STEEL LIMITED Vs. THEIR WORKMEN

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment and award of the Ninth Industrial Tribunal, Durgapur, in connection with a reference made by the Government of West Bengal under the Industrial Disputes Act. The appeal relates, in substance, to only one question as to whether the workmen of M/s. Hindustan Steel Limited, Alloy Steel Plant, Durgapur are entitled to have the 10 holidays sanctioned by She Certified Standing order of the Company increased to 11 by the addition of the May Day as a compulsory national holiday. The order of reference made by Government of West Bengal raised three issues in the following terms:

(2.) To understand clearly the dispute between the parties it is essential to realise that the workmen are not satisfied if May Day is included within the 10 paid holidays prescribed by the Standing Orders. Indeed M/s. Hindustan Steel Limited, hereinafter referred to as the company, are quite prepared to grant May Day as a holiday to their workmen subject to the total of 10 holidays which are provided for under the Certified Standing Order of the Company. This, however, is not acceptable to the workmen who are represented in this dispute by the Hindustan Steel Employees' Union, Alloy Steel Projects Unit. We shall, hereinafter, refer to this union merely as "the employees' union". It is obvious from the framing of the three issues that the substantial issue between the parties is the first one. The answer to the other two issues is more or less consequential.

(3.) The Tribunal holds in favour the workmen and finds that the workmen have acquired a customary right to enjoy the May Day as a compulsory holiday and also as an additional paid holiday. Strangely enough, after recording this finding the Tribunal goes on to observe that even it this finding of the Tribunal be incorrect the workmen must get May Day as an additional paid holiday, under the circumstances that are obtaining at present in the plant and in the world at large. The Tribunal considers it unnecessary to answer the two other issues in view of this finding on issue No. 1. The Tribunal further directs:"The salary for May Day if advanced to the workmen for 1st May 1970 can not be recovered from them The workmen would get this salary for this day not only in 1970 but for all the years as additional payment."