(1.) Kerala Industrial Establishments (National and Festival Holidays) Act (for brevity, the Act) came into force on 29-12-1988, providing for seven paid holidays, comprised of three national and four festival holidays. National holidays are Republic Day (26th of January), May Day (1st of May), and Independence Day (15th of August). Kerala Industrial Establishments (National and Festival Holidays) Amendment Act, 1990 (for short, Amendment Act) increased the national holidays from three to four with the addition of Gandhi Jayanthi, birthday of the Father of the Nation, falling on 2nd of October. Festival holidays were increased from four to nine. Constitutional validity of the Amendment Act is under challenge in these original petitions. At the time of arguments, all concerned made it clear that Gandhi Jayanthi may continue as a national holiday. Challenge was, therefore, confined to the addition of five festival holidays.
(2.) The Act is applicable to industrial establishments, which take in plantations also. Some of the petitioners are plantations and some are industrial or commercial establishments. Challenge is that Amendment Act is violative of Art.14 and 19(1)(g) of the Constitution of India. Respondents denied violations and said that the restrictions, if any, are reasonable in the interest of the general public. But main argument was that the challenge cannot stand, in view of the constitutional protection available under Art.31C of the Constitution, particularly when the legislation was enacted in discharge of the constitutional obligations under Art.43. Therefore, I shall first advert to the claim for protection under Art.31 -C, because if that claim is found in favour of respondents, further considerations may be unnecessary, though it could be said the other way that if the legislation could stand scrutiny under Art.14 and 19(1)(g) the question of protection under Art.31C may not arise.
(3.) Art.31C was introduced in the Constitution by the 25th Amendment, in the year 1971. First part of the Article says that notwithstanding anything contained in Art.13, no law giving effect to the policy of the State towards securing the principles specified in Clause (b) or (c) of Art.39 shall be deemed to be void on the ground that it is inconsistent with or takes away or abridges any of the rights conferred by Art.14,19 or 31. Second part of Art.31C is to the effect that no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy. Proviso says that when such law is made by the Legislature of a State, provisions of the Article shall not apply thereto, unless such law, having been reserved for the consideration of the President, has received his assent.
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