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1965 Supreme(SC) 130

K. N. WANCHOO, M. HIDAYATULLAH, P. B. GAJENDRAGADKAR, V. RAMASWAMI
Tata Oil Mills Company LTD. – Appellant
Versus
K. V. Gopalan: K. J. Xavier – Respondent


Advocates:
G.B.PAI, J.B.DADACHAN, M.R.Krishna Pillai, O.C.MATHUR, Ravindra Narayan

Judgement

GAJENDRAGADKAR, C.J.I.: The short question of law which these two appeals raise for our decision (sic) to the construction of Ss. 3 and 11 of the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958 (No. 47 of 1958) (hereinafter called the Act). That question arises in this way. Two complaints were filed against the appellant, the Tata Oil Mills Co. Ltd., by the two groups of respondents, its workmen, respectively under S. 33A of the Industrial Dispute Act. These applications alleged that the management of the appellant had contravened the provisions of S. 33 of the said Act inasmuch as it had denied its employees leave with wages on Founder s Day and Good Friday in 1962. According to the respondents, they were entitled to have holidays with pay on the said two days under the terms and conditions of service, and so, they claimed that the Tribunal should direct the appellant to give its employees holidays under the said existing arrangement and should pass other appropriate orders for the payment of wages for, the two holidays in question. The appellant disputed the correctness of the respondents contention. The Tribunal has rejected the appellants





















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