MANAGEMENT OF NATHANS PRESS Vs. K KRISHNAN

JUDGEMENT

(1.) THIS writ petition is directed against the order of the second respondent in C. P. 515 of 1979. That was a claim petition preferred by the first respondent against the petitioner. In I. D. 314 of 1977 an award was passed holding that the non-employment of the first Management of Nathan's Press vs. K. Krishnan and Ors. (21. 01. 1987 -MADHC) Page 2 of 3 gement of Nathan's Press vs. K. Krishnan and Ors. (21. 01. 1987 -MADHC) Page 2 of 3 respondent by the petitioner was not justified and the petitioner was directed to reinstate the first respondent with full back wages and continuity of service etc.

(2.) THE petitioner reinstated the first respondent only on 2. 5. 1979, but did not pay back wages and other attendant benefits. It was only on this background the first respondent filed the claim petitions, claiming amounts under the following heads- 1. Arrears of salary from February 1977 to April 1979 Rs. 10107. 26. 2. Leave salary for national and festival holidays Rs. 843. 86. 3. Bonus for the year 1975-76 Rs. 260. 4. Bonus for the year 1977-78 Rs. 374. 85. 5. Interest at the rate of 6 percent Rs. 350. The second respondent countenanced all the claims of the first respondent by the impugned order.

(3.) MR. G. R. Lakshmanan, learned counsel for the petitioner, would choose to concentrate only two heads of claims. One is with reference to the award of leave salary for national and festival holidays amounting to Rs. 843. 86. Learned Counsel rightly contends that the first respondent was monthly rated workman, and the salary for the month included the salary for the national and festival holidays, and there could not be an independent claim for salary on those days. It is not a case where the workman was asked to work on the national and festival holidays. Hence. I could not sustain the order of the second respondent when he countenanced the claims of the first respondent for this sum of Rs. 843. 86.