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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, J.
Kudankulam Nuclear Power Employees Union – Appellant
Versus
Government of India – Respondent
W.P(MD)No.18462 of 2020
Decided on : 11-04-2023
Overtime Wages - Labor Dispute - The court interpreted Section 5(2)(b) of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958, and concluded that 'round-the-clock shift workers' who worked on a declared holiday are entitled to the benefit set out in the provision, even if the holiday falls on another holiday.
Fact of the Case:
A group of 'round-the-clock shift workers' demanded overtime wages and compensatory off for working on a declared holiday, which was rejected by the Ministry of Labour. The writ petition was filed challenging the rejection.
Finding of the Court:
The court found that the 'round-the-clock shift workers' were entitled to the benefit under Section 5(2)(b) of the Act, as the holiday fell on a declared holiday and they had worked on that day.
Issues: The main issue was whether the 'round-the-clock shift workers' were entitled to claim double benefit for working on a declared holiday that fell on another holiday.
Ratio Decidendi: The court interpreted Section 5(2)(b) of the Act and concluded that the provision applies to workers who worked on a declared holiday, even if it falls on another holiday.
Final Decision: The court disposed of the writ petition, ruling in favor of the 'round-the-clock shift workers' and directing the second respondent corporation to confer the monetary benefit on them.
ORDER :
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Certiorarified Mandamus, calling for the records pertaining to the order No.L.42011/143/2019-IR (DU) dated 9.1.2020 issued by the 1st respondent quash the same and consequently direct the 1st respondent to refer to the dispute raised by the petitioner union with regard to the demand for overtime wages and compensatory off for the work done by the workmen in the 2nd respondent on the declared holiday, that is 14.4.2018 for adjudication to the Central Government Industrial Tribunal Cum Labour Court, Chennai-600006 within a specified time frame as may be fixed by this Court, Award costs.
A group of college students organized an 18-hour study marathon at Mumbai as a tribute to Dr.Ambedkar on his 126th birth anniversary. Babasaheb tirelessly studied for long hours in libraries. The same trait of toiling hard continued till the very end as he took up the cause of social emancipation as his life mission. Like Bharat Ratna Shri.A.P.J.Abdul Kalam, he too would have said “Don't declare holiday on my death, instead work an extra day, if you love me”. We, however, subscribe to sentiments and symbolism. Courtesy rather than efficiency is our hallmark. Whenever references are held in memory of departed Judges, the Court bell will go at 03.15 p.m. The function will conclude at around 03.45 p.m. with the Hon'ble Chief Justice solemnly announcing suspension of the Court work for the rest of the day as a mark of respect for the departed soul. There is similar loss of 90 minutes of working time when farewell functions are organized. Public servants are like school children. Grant of holidays and exemption from work are always welcome.
2. In the year 2018, the Central Government issued notification under Section 25 of the Negotiable Instruments Act, 1881 declaring April 14, the birth anniversary of Dr.Ambedkar as national holiday. Many of the 'round-the-clock shift workers' employed in the second respondent corporation of course had to work on the said date also i.e., 14.04.2018. They are members of the petitioner-trade union. They demanded that they should be paid twice the wages for having worked on the said date. The management took the stand that 14.04.2018 happened to be second Saturday; since the workers had already been granted the benefit for having worked on a holiday, they cannot be given double benefit. Espousing their cause, the petitioner demanded reference under Section 10 of the Industrial Disputes Act, 1947. The request was rejected by the Ministry of Labour on the ground that they did not consider the dispute fit for adjudication. Challenging the impugned communication dated 09.01.2020 issued by the first respondent, the present writ petition came to be filed.
3. The learned counsel for the petitioner as well as the learned senior counsel for the management submitted that the legal issue raised by the petitioner can be decided by this Court.
4.14th April 2018 happened to be a second Saturday. It was already a declared holiday. Where a holiday falls on an already declared holiday, the employee will not be entitled to claim double benefit. Section 5(2)(b) of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 is as follows:-
(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.]”
A plain reading of the aforesaid statutory provision would lead anyone to the conclusion that the employee must have worked on a holiday to claim the benefit conferred by the provision. The expression employed is “any holiday”. It only means that the day concerned should have been a working day but for its declaration as a holiday. If it is already a holiday, the aforesaid provis
The main legal point established is that 'round-the-clock shift workers' are entitled to the benefit under Section 5(2)(b) of the Act, even if the declared holiday falls on another holiday.
Festival holidays cannot be declared on days already classified as holidays unless proper consultative processes are adhered to.
The Civil Court lacks jurisdiction to interpret awards without prior recourse to designated labor tribunals under S.36A of the Industrial Disputes Act.
The management's obligation to pay wages for national holidays is contingent on the employee's availability for work; if workmen are on strike, they cannot claim such wages.
Temporary employees under the Kalelkar Award are entitled to the same holiday benefits and overtime pay as permanent employees, regardless of government circulars to the contrary.
Discrimination in working conditions between similarly situated employees violates Article 14 of the Constitution, and claims regarding continuing wrongs can be raised despite delays.
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