The workers of the second shift and third shift are entitled for a holiday as per the Government Orders, which was issued under the Negotiable Instruments Act. So also the said concession would not form a pre-existing right for the purpose of filing a claim petition under Section 33-C(2) of the Industrial Disputes Act, 1947.

JUDGMENT :

Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records of the 1st respondent in C.P.No.30 of 2016 and quash its order dated 14.11.2017.

1. The order dated 14.11.2017 passed by the first respondent in C.P.No.30 of 2016 is under challenge in the present writ petition.

2. The writ petitioner is the Management of Bimetal Bearings Limited. The learned Senior counsel appearing on behalf of the writ petitioner made a submission that the petitioner factory is covered under the provisions of the Factories Act, 1948 and Tamil Nadu Industrial Establishment (National and Festival Holidays) Act, 1958. The petitioner factory operates on one general shift and three continuous shifts. The general shift working hours is from 8.30 a.m to 5.00 p.m. The first shift working hours is from 7.30 a.m to 4.00 p.m. The second shift working hours is from 4.00 p.m to 12.30 a.m. and the third shift working hours is from 12.30 a.m to 7.30 a.m.

3. In terms of Section 52 of the Factories Act, the petitioner factory should grant weekly holiday on the first day of the week to the worker. In terms of Section 79 of the Act, in respect of a worker, who has worked for a period of 240 days or more in a calendar year, the petitioner should grant one day leave with wages to the said worker for every 20 days worked by him during preceding calendar year. Section 3 of the Tamil Nadu National and Festival Holidays Act, 1958, provides for 4 National Holidays and 5 festival holidays in each calendar year to the workmen working in the factory. It is further submitted that there is no other Labour Legislation which provides for holiday/leave to be granted by the employer to the workmen working in the factory.

4. It is contended that on the demise of the former President of India, Dr.A.P.J. Abdul Kalam on 27.07.2015, the Government of Tamil Nadu issued G.O.Ms.No.1005 Public (Protocol -I) Department dated 28.07.2015 announcing that 30.07.2015 was declared as a public holiday for all Educational Institutions and for all Government/Private Establishments under the Negotiable Instruments Act, 1881 as a mark of respect to the former President. The said notification issued under Negotiable Instruments Act, 1881, is not applicable to the petitioner's factory.

5. The object of the Negotiable Instruments Act, 1881 is only to define and amend the law relating to promissory notes, bills of exchange and cheques. Section 2(22) of the Negotiable Instruments Act, 1881, defines “Maturity” as follows:

“The maturity of a promissory note or bill of exchange is the date at which it falls due.”

6. Section 24 of the Negotiable Instruments Act, 1881, deals with calculating the days for maturity of bill or note payable. Section 25 of the Negotiable Instruments Act, 1881, deals with a situation when the day of maturity is a holiday by stating that “When the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding business day”.

Explanation:- The expression “public holiday” includes Sundays and any other day declared by the Central Government, by notification in the Official Gazette, to be a public holiday.

7. A combined reading of preamble, Section 2(22), 24 and 25 of the Negotiable Instruments Act, 1881, would reveal that the power of the Government to declare public holiday under the Negotiable Instruments Act, 1881, is applicable only to Banks and Financial Institutions, by which the maturity date of an instrument would be postponed to the next day of the public holiday by the Government.

8. The learned Senior Counsel while enumerating this position made a submission that on the morning of 30.07.2015, the petitioner factory informed the office bearers of the Bimetal Bearings Employees' Union that it was granting holiday with wages to the workmen who should report for working during general shift and first shift only and th