BHASKARA MENON Vs. ASSISTANT LABOUR COMMISSIONER

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution for a writ of certiorari or other appropriate writ, direction or order quashing an order, Ext. P5, passed by the first respondent, the Inspector under S.3 and R.1 of the Kerala Industrial Establishments (National & Festival Holidays) Act 47 of 1958. The petitioner is the General Secretary of Tomco Employees Union, Ernakulam, and the four respondents are (1) the Assistant Labour Officer, (2) the Manager, Tata Oil Mills Company Ltd., (3) the Secretary, Tata Oil Mills Workers Union, Ernakulam, and (4) the Secretary, Tata Oil Mills Co. Ltd., Staff Association, Ernakulam.

(2.) The facts may be briefly stated: The petitioner is the General Secretary of the Tomco Employees Union, a trade union registered under the Indian Trade Union Act. A section of the workers in the Tata Oil Mills Co. Ltd., at Ernakulam are members of this Union. Under the Standing Orders of the Company, copy of which has been filed as Ext. P1, the employees were entitled to get holidays with pay on five days, namely, New Years day, Founders Day, Good Friday, Onam, and Christmas Day. It was also provided in the Standing Orders that in the event of the Company being compelled to observe a holiday or holidays for reasons of State, such day or days would also be counted as Company holiday or holidays. There was a later agreement, Ext. R2, between the management and the workers by which one more day, namely, the Union Day, i. e. the last Monday in the month of March, was also made a holiday with pay. According to the petitioner, the Standing Orders stand modified by this agreement. The Kerala Industrial Establishments (National and Festival Holidays) Act 47 of 1958, became law in the State on 29-12-1958. Under S.3 of the said Act, every employee is to be allowed in each calender year a holiday of one whole day on 26th January, 15th August, 1st May and four other holidays. The three compulsory holidays are National Holidays. Under rules framed under the Act the Assistant Labour Officer, Ernakulam has been appointed Inspector under the Act. The second respondent addressed a communication to the first respondent stating that seven holidays inclusive of the three National Holidays would be given to the workers. The first respondent invited objections and Ext. P2 is the notice received by the petitioner in that behalf. Ext. P3 is copy of the objections filed by the petitioner. The first respondent called a conference to decide this question and the petitioner and the respondents attended the same. Ext. P4 is copy of the proceedings of the conference. On 9th March 1959 the petitioner received an order, Ext. P5, from the first respondent, fixing four holidays in addition to the three National holidays. These four days are Founders Day, Good Friday, Onam Day and Christmas Day. The Union Day is not a holiday under Ext. P5. According to the petitioner, Ext. P5 has to be quashed on the following grounds: (1) The Standing Orders under which six holidays are provided cannot be amended except in the manner provided in the Industrial Employment (Standing Orders) Act, 1946, and the Rules framed thereunder. No such amendment having been made, the order reducing the number of festival holidays is illegal. (2) The first respondent has no jurisdiction to amend the Standing Orders. (3) The first respondent should have found that the workers were entitled to get the six holidays which they were formerly enjoying in addition to the three National holidays.

(3.) The members of the Tomco Employees Union did not attend work on the 30th March 1959 which was one of the holidays provided by the agreement referred to earlier. On 6th April 1959 an interlocutory application was filed praying for an injunction directing the second respondent from proceeding with the enquiry against the workmen for absence on 30th March, 1959. This application does not appear to have been moved for orders.