HIND SAMACHAR LTD Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) WE have gone through the impugned order. The only contention raised by the learned counsel for the petitioner is that a workman is entitled to twice his average daily wage for the day he has worked on any holiday allowed under Section 3 of the Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act, 1965 (hereinafter referred to as 'the Act. ' ). It would be expedient to notice Section 5 (2) of the Act, which runs as under:-

(2.) PRINCIPLE of Interpretation, as established by law and accepted as such by the Courts, is that while interpreting a Statute or a Rule, the plain meaning of the words has to be given unless these are capable of more than one interpretation. As observed above, the Rule reproduced hereinbefore is capable of no other interpretation. The plain reading of the Rule provides that the workers will be entitled to twice their average daily wages for the national and festival holidays or in the alternative their average daily wages for that day and a substituted holiday with their average daily wages on any other day within 90 days from the day on which they had worked. Consequently, award dated September 21, 1995, passed by the Labour Court is modified to the extent that the workers would be entitled to double the wages for the holiday or one average daily wage and a substituted paid holiday within 90 days at his option. In view of the observations made above, the writ petition is allowed and the impugned award is modified to the above extent.