Inspector alone can specify holidays.

K. P. SIVASUBRAMANIAN, J.

This appeal is directed against the order of the learned single Judge, in W.P. No. 6303 of 1999 dated July 30, 1999.

2. The appellant had sought for a writ of declaration declaring that the action of the respondent/management in unilaterally changing the service condition as illegal and contrary to the Industrial Disputes Act, 1947 (hereinafter called "the Act") and consequently, to direct the respondent not to effect any change in service conditions except by means of a settlement or an award or by giving a notice under Section 9-A of the Act. According to the petitioner/appellant, the petitioner Union was registered under the Trade Unions Act, 1926 and the respondent was a company registered under the Companies Act, 1956, involved in the manufacture of Air-conditioners, Water-Coolers, etc. The company has a service station and a godown at Madras. The company grants 12 days of national and festival holidays apart from one extra day for the year in case of extraordinary situation. This has been agreed to by the Union and the management as early as December 28, 1984 and from 1984 the management used to send the list of national and festival holidays during December of every year grid ask the Union to select 12 days according to the choice of the workers. On receipt of information from the Union, the management would exhibit in the Notice Board the list of 12 national and festival holidays for the following year. Even though this practice was prevalent before 1984 in order to avoid controversy, a Memorandum of Understanding was signed. It was further contended by the Secretary who had sworn to the affidavit that from the year 1964 when he joined the service, the Union had requested Good Friday to be declared as a holiday apart from various 11 holidays depending upon the requirements of the workmen. This had been the practice till 1998 and in December, 1998, the Union submitted a list of holidays which included April 2, 1999 being Good Friday. The Management instead of intimating the list of holidays for the year 1999 stated affixing in the Notice Board the list of holidays for the year. The holidays requested by the Union for the months of January, February, and March, 1999 were accepted and declared, but unfortunately the management refused to declare Good Friday as a holiday and directed the workers to report for work. But as the workers used to avail Good Friday as a holiday, they did not report for work and this was duly intimated to the management. The management put up a notice on April 2, 1999 stating that the workers will not be adjusted in April 1999. According to the petitioner, the management, started deviating from the practice of granting holidays as per the list sent by the Union and it was only with reference to 1999, the management was not acceding to the Union's request. The workers working in the service station are governed by the Factories Act and the employees working in godown are governed by the Shops and Establishments Act, 1948. As far as holidays are concerned the employees working in the aforesaid places are given 12 days national and festival holidays apart from one extraordinary situation. The Tamil Nadu Industrial Establishments (National and Festival Holidays) Act is applicable to the respondent management. As per Section 3 of the said Act the employees shall be allowed in each calendar year 9 holidays. Section 11 of the said Act protects the festival holidays and also the rights and privileges of any employee should not be curtailed. The employees have been enjoying 12 + 1 National and festival holidays which are selected by them and the said practice was in vogue for a very long time and this had become a service condition for the employees. As such, the management cannot withdraw any customary concession or privilege or change in usage except by issuing a notice under Section 9-A of the Act. But unfortunately, the management without following the mandatory pro