D. Hari Paranthaman, J.

1. The petitioner is a Trade Union registered under the Trade Unions Act. It is not in dispute that the petitioner is a representative Union that enters into various settlements with the first respondent Management. It is the grievance of the petitioner Union that when Parliamentary Election and Tamil Nadu State Assembly Election took place on 10.05.2004 and 08.05.2006, respectively, the first respondent Management did not adhere to Section 135-B of the Representation of the People Act, 1951 ("the Act" for short), the Circular dated 07.04.2004 issued by the Election Commission of India based on the aforesaid provision and the consequential letters issued by the Commissioner of Labour dated 26.04.2004 and 10.04.2006, requiring the first respondent to grant paid holiday on the date of election.

2. The first respondent filed a counter affidavit stating that it had rescheduled the shift so as to facilitate the workmen to cast vote and thereafter to come and work and therefore, no fault can be attributed on the part of the establishment in not granting paid holiday to its workmen. While the aforesaid averment was on the merits of the case, the first responde