MRF LIMITED Vs. DEPUTY CHIEF INSPECTOR OF FACTORIES

JUDGEMENT

(1.) THE writ petitioner is a public limited company. In this writ petition, the challenge is to the order made by the first respondent Deputy Chief Inspector of Factories, Vellore, dated 19.11.1998. By the aforesaid order, the first respondent informed the petitioner management that by an order dated 21.7.1997, the approval sent by the department in Form III read with Rule 3(1) and (4)(4) of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Rules, 1959 (for short 'NAFH Rules') framed under Section 12 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (for short 'NAFH Act') stood cancelled.

(2.) THE writ petition was admitted on 18.12.1998 and an interim-stay was granted on the same day. Due to the default on the part of the respondents, the interim order was also made absolute on 27.12.2002. THE obligation of the employer was to send a form of list of holidays year after year for approval by the competent authority. It is stated by the counsel for the petitioner that since the impugned order relates to the year 1997, the writ petition has become infructuous and therefore it may be dismissed as such. But, in the present case, since the petitioner had enjoyed an interim order for over ten years and the issue is likely to crop up year after year, this Court declined to accede to the request made by the counsel for the petitioner.

(3.) THE learned counsel for the petitioner submitted that the order of the first respondent is arbitrary, illegal and contrary to the provision of NAFH Act. THE workmen have no objection in the procedure adopted by the management. In fact, they are bound by a settlement by which they have also agreed to adopt the procedure laid down by the management. THE workmen are no way prejudiced because they will be getting the nine holidays as per the NAFH Act (4 compulsory national holidays and 5 optional festival holidays).