MANAGEMENT BIMETAL BEARINGS LIMITED Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The order dated 14.11.2017 passed by the first respondent in C.P.No.30 of 2016 is under challenge in the present writ petition.

(2.) The writ petitioner is the Management of Bimetal Bearings Limited. The learned Senior counsel appearing on behalf of the writ petitioner made a submission that the petitioner factory is covered under the provisions of the Factories Act, 1948 and Tamil Nadu Industrial Establishment (National and Festival Holidays) Act, 1958. The petitioner factory operates on one general shift and three continuous shifts. The general shift working hours is from 8.30 a.m to 5.00 p.m. The first shift working hours is from 7.30 a.m to 4.00 p.m. The second shift working hours is from 4.00 p.m to 12.30 a.m. and the third shift working hours is from 12.30 a.m to 7.30 a.m.

(3.) In terms of Section 52 of the Factories Act, the petitioner factory should grant weekly holiday on the first day of the week to the worker. In terms of Section 79 of the Act, in respect of a worker, who has worked for a period of 240 days or more in a calendar year, the petitioner should grant one day leave with wages to the said worker for every 20 days worked by him during preceding calendar year. Section 3 of the Tamil Nadu National and Festival Holidays Act, 1958, provides for 4 National Holidays and 5 festival holidays in each calendar year to the workmen working in the factory. It is further submitted that there is no other Labour Legislation which provides for holiday/leave to be granted by the employer to the workmen working in the factory.