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1972 Supreme(SC) 185

I.D.DUA, C.A.VAIDIALINGAM
Bijili Cotton Mills Private – Appellant
Versus
Presiding Officer, Industrial Tribunal Ii – Respondent


I.D. DUA, J.

(1) THE following dispute between M/s. Bijili Cotton Mills (P) Ltd.) and their workmen was referred to the Industrial tribunal II, U. P. for adjudication:

"SHOULD the employers be required to pay wages for the festival holidays allowed to their workmen in a year? If so, from which date and with what other details?"

According to the workmen the employers had been giving 17 festival holidays to their workmen in a year and though those holidays should have been paid ones the employers were not making any payment.

(2) THE dispute was originally espoused at the instance of Hathras Mazdoor Panchayat but later three other unions namely Sooti Mill Mazdoor Panchayat, Congress Mazdoor Sangh and Sooti Mill Karmachari Sangh were also accorded right of representation on their applications. The employer mills contested the claim on various grounds. The plea on the merits in substance was to the effect that neither in law nor in practice was there any provision for festival, holidays with wages. The Mill, it was averred, was already paying wages for three holidays allowed to the workmen under the U. P. Industrial Establishments (National Holidays) Act (U. P. Act XVII































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