Judgment

VAIDIALINGAM, J. :- In this appeal by special leave, the question that arises for consideration is whether the appellant has contravened Section 9-A of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), when at the request of the majority of the workmen the holiday for Diwali was changed from 11th November, 1966 to the next day. According to the usual practice at the commencement of the year 1966, the appellant had published a list of holidays for that year. According to this list, the holiday for Kali Puja was stated to be on Friday, the 11th November, 1966. On November 5, 1966, the appellant notified that the factory will remain closed for Kali Puja on Friday, the 11th November, 1966. This notification was only on the basis of the list of holidays referred to earlier. The workmen in this company were represented by two unions (1) Amco Employees Association (hereinafter referred to as the Association) and (2) Amco Sramik Sangha (hereinafter referred to as the Sangha). There is no controversy that the Sangha represented the majority of the workmen of their company.

2. On November 10, 1966, the General Secretary of the Sangha wrote a letter to the Factor