STEEL COMPLEX LIMITED Vs. ASSISTANT LABOUR OFFICER

JUDGEMENT

(1.) The question is whether respondents 2 to 18 who are casual employees of the petitioner are entitled to wages for holidays as provided under S.5 of the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 as amended by Act 8 of 1969 with effect from 1-1-1970 (hereinafter referred to as the "Act"). S.3 of the Act provides:

(2.) It is not disputed by the petitioner that casual employees come within the ambit of S.5. But according to the petitioner they would do so only if the employer-employee relationship existed on the date of the holiday. If they had ceased to be employees in the establishment prior to the holiday, as in the case of such casual workers who are engaged from morning to evening of each day - i.e., on a day-to-day basis - they would not, according to the petitioner, be entitled to wages for the holiday under S.5.

(3.) The Statement of Objects and Reasons concerning the Act as stated in the Kerala Gazette, Extraordinary, dated 24-2-1969 says in Clause.3 as follows:-