MADURA COATS LTD Vs. MATHAN

JUDGEMENT

(1.) This appeal is by the Management of Madura Coats Limited against the judgment or the learned single Judge rendered in O. P. No. 2600 of 1978-H.

(2.) Between the appellant Management and the Union of workmen, there was a settlement evidenced by Ext. P2 dated 26th September, 1975 in regard to the revision of pay and other emoluments. It is provided in the settlement that it shall have retrospective effect from 1st January, 1975 except in regard to some specified matters. Though the benefit of enhanced revised pay etc. was made available by the appellant to its workmen, the Management withheld payment of emoluments in respect of 38 Sundays that fell between 1-1-1975 and 26-9-1975, on the basis of the enhanced salaries and dearness allowance on the ground that Clause.(a) of Para.25 of the settlement makes specific provision to the effect that the workmen are not entitled to holiday pay on the basis of the enhanced salaries and dearness allowance. Respondents 1 to 5 in this appeal made an application to the Labour Court at Calicut under S.33C(2) of the Industrial Disputes Act for computation of the monetary benefits in this behalf, and for consequential directions for payment. The Labour Court allowed the petition and directed the appellant to pay the withheld emoluments in respect of 38 Sundays at the enhanced rates. The Management then challenged the decision of the Labour Court in O.P. No. 2600 of 1978. The learned single Judge having dismissed the said original petition, the Management has come up with this appeal.

(3.) The principal contention of the learned counsel for the appellant is that Clause.(a) of para 25 of the settlement is attracted to the facts of the present case in respect of the emoluments payable for 38 Sundays which, according to the appellant, are holidays that fall between 1-1-1975 and 26-9-1975. Clause.(a) of para 25 which calls for interpretation in this case reads as follows: