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2013 Supreme(Mad) 164

K.CHANDRU
TNPL Annal Ambedkar Tholilalar Sangham, Represented by its President, Kagithapuram – Appellant
Versus
Secretary to Government of Tamil Nadu, Industries Department, cum Chairman – Respondent


Advocates appeared:
For the Petitioner:M. Purushothaman, Advocate.
For the Respondents:R1, V. Subbiah, Spl G.P, R2, S. Muthuraj, Advocate.

Judgment

1. The petitioner is a trade union registered under the Trade Union Act, 1926 with registration No.1107/TRY. The claim of the petitioner was that they are functioning in the second respondent Company. In the second respondent company, more than 51% of the shares are held by the Government of Tamil Nadu. It is a Government company within the meaning of Section 617 of the Companies Act.

2. It is the claim of the petitioner union that they along with various other unions were constantly requesting for a holiday to be declared for their factory at Pugalur on account of the birth anniversary of Dr. B.R. Ambedkar, which was celebrated by both State and Central Governments. The State Government had issued G.O.Ms.No.911, Public Department, dated 20.10.2011 declaring 14.04.2012 as a public holiday on account of the birth anniversary of Dr. B.R. Ambedkar. The Central Government through the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training vide their Office memorandum dated 21.3.2011 had also declared 14.04.2011 as a closed holiday for all Central Government offices including Industrial Establishments throughout India. Notwithstanding the same,




























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