MANAGEMENT OF INTERNATIONAL INSTRUMENTS Vs. LABOUR OFFICER

JUDGEMENT

(1.) In this batch of Writ Petitions, presented by the managements of four industrial undertakings, the following common question of law, arises for consideration.

(2.) The facts of the case, in brief, are as follows: (i) W.P.No. 17715/1984 : The Petitioner in this Petition is the management of International Instruments Limited. Clause 20 of the agreement entered into between the management and its workmen fixed the holidays for the industry. It reads: "National/Festival Holidays will be increased from 11 to 12 days a year effective from 1st January, 1980." Section 3 of the Act, which was in force as in 1980 reads:

(3.) A preliminary objection was raised on behalf of the workmen and the Labour Officer to the effect that as the calendar year 1984 had already expired and the workmen have already enjoyed the extra holiday in terms of the order of the Labour Officer, the cause of action does not survive and therefore the writ petitions should be dismissed.