MADURA COATS LTD Vs. MATHEN

JUDGEMENT

(1.) Ext. P1 order of the Labour Court, Kozhikode in C. P. No. 486 of 1976 under S.33C (2) of the Industrial Disputes Act, 1947 is challenged by the petitioner management insofar as the court construed Clause.25 of Ext. P2 agreement dated 26/09/1975 entered into between the company and the Union representing the workmen. This agreement came into operation with effect from 01/01/1975 subject to what is stated therein. Clause.25 relates to eligibility for arrears and payment of arrears. It reads:

(2.) The employees in question are confirmed staff on monthly wages. Admittedly they worked in the company during the period from 01/01/1975 to 26/09/1975. Therefore they claim that they are entitled to the benefit of the increase allowed in the basic salaries and dearness allowance as per the agreement even for Sundays falling within the period. The management recognised that the employees worked during the period from 01/01/1975 to 26/09/1975. But having not worked on Sundays they were not entitled to the increase in respect of those days.

(3.) The Court found that Sunday is not a national or festival holiday and therefore, having worked during the period from 01/01/1975 to 26/09/1975, the employees were entitled to be paid their monthly wages for the entire period inclusive of the intervening Sundays.