MAIVA PHARMA EMPLOYEES UNION Vs. JOINT DIRECTOR

JUDGEMENT

(1.) Assailing the order passed by the 2nd respondent in approving the list of festival holidays submitted by the 3rd respondent as arbitrary, illegal and for a consequential direction to declare the days mentioned in Annexure 'A' as festival holidays, as suggested by the petitioner, the present petition has been filed.

(2.) It is the case of the petitioner that the 3rd respondent is engaged in the manufacture of pharmaceutical products and employs 125 workers; 50 workers were termed as Management Trainees; 100 workers are termed as Contract Labourers; 50 fixed term employees and about 450 staff are working in the 3rd respondent.

(3.) It is the further case of the petitioner that Sunday is a holiday with the 3rd respondent. The 3rd respondent is registered under the Factories Act, 1948 and is covered under the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (for short 'the Act'). It is the case of the petitioner that Sec. 3 of the Act contemplates 4 national holidays, whether it falls on a Sunday or not. That apart, the employees are entitled to 5 festival holidays.