THE WORKMEN OF TANNING AND FINISHING UNIT, VINNAMANGALAM, REPRESENTED BY THE PRESIDENT, GOVT. TANNING AND WOOL PROCESSING CENTRE WORKERS UNION, AMBUR, NORTH ARCOT Vs. THE MANAGEMENT OF TANNING AND FINISHING UNIT, VINNAMANGALAM (P. O. MUNNUR) NORTH ARCOT DIST. AND ANOTHER

JUDGEMENT

(1.) The petitioner is the President of the Government Tanning and Wool Processing Centre Workers' Union. The employment is a scheduled employment coming under the purview of the ' Minimum Wages Act, 1948. The members of the Union made a claim before the Labour Court, Madras, the second respondent for realisation of the amount due to them for weekly holidays. The Management the first respondent resisted the claim contending that the workers were not entitled to any wages for weekly holidays separately on the ground that wages fixed for them had taken into account the weekly holidays and were higher than the rates fixed under the Act. The Labour Court accepted that contention and rejected the claim of the petitioner. This petition is filed for quashing that award.

(2.) Sec. 12 of the Minimum Wages Act, 1948, deals with payment of minimum rate of wages. It reads thus:

(3.) Rule 23 of the Madras Minimum Wages Rules, 1953, inter alia provides that unless otherwise permitted by the Government, no worker shall be required or allowed to work in a scheduled employment, on the first day of week except where he has or Will have a holiday for the whole day on one of the three days immediately before or after the said day. Every worker who is required or allowed to work in a scheduled employment on the said day and who gets a substituted holiday within the same week shall be paid the rate of wages to which he is entitled for a normal working day.