The fundamental rights of citizens to work on a particular day prevail over the restrictions imposed by the Tamil Nadu Industrial Establishments(National Festival holidays)Act, 1958.

1. The relief sought for in this writ petition is for a direction to the respondents 1 to 3, to formally declare the national holidays including May Day, that is, 1st of May as holiday with wages for the workers employed in the wholesale market under the Respondents 4 to 16 at Koyembedu administered by the Principal Administrative Officer, Market Administrative Committee at Koyembedu, the 3rd Respondent.

2. The learned Senior Counsel appearing on behalf of the writ petitioner raised a serious concern over the activities of the authorities in not allowing the labourers to go on holiday with full salary as contemplated under the Tamil Nadu Industrial Establishments(National Festival holidays)Act, 1958[hereinafter referred to as “the Act”]. The learned Senior Counsel further contended that the petitioner has to approach this Court and get an order every year for the purpose of declaration of the holiday for 1st May. Thus, the authorities are not implementing the provisions of “the Act” in its letter and spirit and allowing these traders to engage the labourers on 1st May and extracting the work contrary to the provisions of “the Act”.

3. This Court is of an opinion that 1st May of every year is declared as National Holiday and undoubtedly, all the labourers are entitled to avail the Holiday and get salary for that day.

4. Let us now look into the provisions of the “the Act”. “The Act” was enacted for the grant of National and Festival holidays to persons in Industrial Establishment in the State of Tamil Nadu. Section 2(e) of “the Act” defines “Industrial Establishment”. Section(3) of “the Act” denotes Grant of National and Festival holidays, which states that Every employee shall be allowed in each calendar year a holiday of one whole day on [the 26th January, the first May, the 15th August and the 2nd October] and five other holidays each of one whole day for such festivals as the Inspector may, in consultation with the employer and the employees, specify in respect of any industrial establishment.

5. Accordingly, nine(9) days are declared as holidays for the benefit of these labourers falling within the meaning of the employee under the Act.

6. Section(5) of “the Act” stipulates that “Notwithstanding anything contained in Section 3, any employee may be required by the employer to work on any holiday allowed under that section if the employer has, not less than twenty-four hours before such holiday,-

(i) served in the prescribed manner on the employee a notice in writing requiring him to work as aforesaid; and

(ii) sent to the Inspector having jurisdiction over the area in which the industrial establishment is situated and displayed in the premises of the industrial establishment a copy of such notice.

(b) Where an employee works on any holiday allowed under Section 3, he shall, at his option, be entitled to –

(i) twice the wages; or

(ii) wages for such day and to avail himself of a substituted holiday with wages[on one of the three days immediately before or after the day on which he so works].”

7. Section (5) of “the Act” categorically enumerates and providing an option to an employer to engage an employee on a holiday, the procedures contemplated under the Section is to be followed. However, in case, the employee is willing to work at his choice, then he can be permitted to work in view of the fundamental rights ensured to him under Article 19(1)(g) of the Constitution of India.

8. “Powers of Inspectors” are enumerated in Section (7) of “the Act”. Section (8) of “the Act” speaks about “Penalties”, which states that “Any employer who contravenes any of the provisions of Section 3 or 5 shall be punishable with fine which, for the first offence, shall not be less than five hundred rupees but which may extend to one thousand rupees and for the second and subsequent offences, shall not be less than one thousand rupees but which may extend to two thousand and five hundred rupees”. Section (11) of “the Act” denotes “Rights and Privile