Judgment

SEN, J. :- This appeal on certificate, from the judgment of the Madras High Court raises a question of some complexity. The question is, whether an employer is statutorily bound to pay wages if the workmen are on strike, for an of the national or festival holidays falling within the period of strike, under S. 3 read with sub-s. (1) of S. 5 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (hereinafter referred to as the Act).

2. The facts of the case are not in dispute. Messrs Madura Coats Limited are an industrial establishment within the meaning of S. 2 (e) of the Act, owning textile mills at Madurai, Ambasamudram and Tuticorin in the State of Tamil Nadu. The cotton textile industry had been declared to be a public utility service for purposes of the Industrial Disputes Act, 1947. In respect of claim for bonus for the year 1974-75 a settlement was entered into which stood superseded by the Payment of Bonus Ordinance, 1975. The management accordingly took the view that no bonus was payable for the year in question, since its payment would be against the provisions of the Act, as amended by the Ordinance. This resulted in a strike by the