Judgment

S. Saghir Ahmad, J.-The classic Judgment of Patanjali Sastri, C.J. in State of Madras v. V.G. Row1, has again to be referred to and relied upon in this case to settle the controversy regarding the constitu­tional validity of the Kerala Industrial Establishments (National and Festival Holidays) (Amend­ment) Act, 1990 (for short, ‘the Amending Act’) which has already been upheld by a Single Judge, and in appeal, by the Division Bench of the Kerala High Court.

2. By the Amending Act, national and festival holidays, fixed under the Principal Act, namely, the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 (for short, ‘the Parent Act’) were alter­ed. The national holidays were increased from three to four (with the addition of 2nd of October as Mahatma Gandhi’s Birth­day) and festival holidays were increased from four to nine. The total number of compulsory paid holidays were thus raised from seven to thirteen. This alteration was challenged by the appellants on the ground that the holidays, national and festival, so increased were violative of the Fundamental Right guaranteed to them under Article 19(1)(g) to carry on their trade, business or profess