ALLWYN EMPLOYEES UNION Vs. HYDERABAD ALLWYN LTD

JUDGEMENT

(1.) Petitioner is one of the trade unions representing the employees of the 1st respondent Company. They seek the issue of a writ of mandamus restraining the 1st respondent from enforcing circular No. PERS/GM (P) 2722 dated 26-2-1991 as illegal and invalid. The purport of the circular is to substitute 1st March, 1991 as paid holiday on account of 'Holi' in the place of 1st May, 1991. That substitution was made on the request of the Joint Secretary of the Hyderabad Allwyn Mazdoor Sangh. Petitioner submits that the company had declared four national holidays and four festival holidays as per its circular dt. 22-12-90 and that the respondent company had no jurisdiction to make any alterations in the national holidays which statutorily prescribed under Section 3 (1) of the A.P. Factories & Establishments (National, Festival and other Holidays) Act, 1974, for short 'the Act'. On 28-2-1991 the petitioner Union requested that 1st of May may be retained as before as a paid holiday. That request was reiterated in letter dt. 10-4-91. Because there was no response from the Management, the petitioner Union has filed this Writ Petition.

(2.) The controversy is in a very narrow compass. Section 3 of the Act as it originally stood, read as follows:

(3.) Sri Kannabiran, appearing for the Union submits that there is a clear cut distinction between the four named holidays falling in the first group and "four other holidays" of the other group. In the case of the latter, the employer can substitute a holiday falling in that group and not the first group. He submits that this position is clear from the provision as at present. He lays great emphasis on the introduction of the "1st of May" into the group of specified holidays and submits that there is no question of any option for the management to declare the 1st May as a substituted holiday in lieu of any festival holiday.