Ramanujam, J.

An interesting question that arises for consideration in this writ petition is whether an employer is bound to pay wages to his employees for national and festival holidays which fall within a period during which the employees were on strike. Koshal, J. (as he then was) has, in an earlier case in Vasudevan v. Lotus Mills Ltd., 1977 (52) FJR 127 held that the employer cannot escape his obligation to pay wages to his workmen for national and festival holidays even if those holidays occurred during a period when the workmen were on strike. When the said judgment was relied on by the respondent herein before Natarajan, J., when this case came up before him, the learned Judge was unable to share the view expressed by Koshal, J., and, therefore, referred the case to a Division Bench. That is how the matter has come before us.

2. The facts of the case may briefly be set out. The petitioner is a well-known company, hereinafter referred to as the management, engaged in the manufacture of textile goods at Madurai, Ambasamudram and Tuticorin. A dispute arose between the management and its employees regarding the payment of bonus for the year 1974-75 and that led to the