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2023 Supreme(Online)(MAD) 16434
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on Pronounced on
07.09.2023 13.09.2023 CORAM THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NO.2247 OF 2023 AND W.M.P. NOS.2328, 2330 & 2332 OF 2023 Maiva Pharma Employees Union
187/5, 9th Cross Street Kamaraj Nagar, Chinna Elasagiri Hosur 635 126, Krishnagiri Dist. .. Petitioner - Vs -
1. Joint Director Industrial Safety & Health
3/2A, Seetharam Nagar Hosur 635 126.
2. Deputy Director Industrial Safety & Health
3/2A, Seetharam Nagar Hosur 635 126.
3. Maiva Pharma Pvt. Ltd.
No.32, SIPCOT Industrial Complex Phase-I, Hosur 635 126 Rep. By its Senior Manager (HR & IR)
Mr. Karthi. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus calling for the records from the 2nd respondent Deputy Director, Industrial Safety and Health, Hosur, relating to the order dated 12.01.2023 bearing reference Na.Ka. N.24/2023 and N.Pa.Mu/A/30/2023 and quash the same as illegal, arbitrary , without jurisdiction and consequently direct the 2nd respondent to declare the festival days suggested by the petitioner Union under Rule 4 of the Tamil Nadu Industrial Establishments (National and Festival Holidays) Rules, 1959 as the festival holidays.
For Petitioner : Mr. N.G.R.Prasad, for Mr. K.K.Ram Siddhartha, for M/s.Row & Reddy For Respondents : Mr. Sanjay Mohan, for M/s.Ramasubramaniam Associates for R-3 Mr. M.S.Premkumar, GA for RR-1 & 2
ORDER
Assailing the order passed by the 2nd respondent in approving the list of festival holidays submitted by the 3rd respondent as arbitrary, illegal and for a consequential direction to declare the days mentioned in Annexure ‘A’ as festival holidays, as suggested by the petitioner, the present petition has been filed.
2. It is the case of the petitioner that the 3rd respondent is engaged in the manufacture of pharmaceutical products and employs 125 workers; 50 workers were termed as Management Trainees; 100 workers are termed as Contract Labourers; 50 fixed term employees and about 450 staff are working in the 3rd respondent.
3. It is the further case of the petitioner that Sunday is a holiday with the 3rd respondent. The 3rd respondent is registered under the Factories Act, 1948 and is covered under the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958 (for short ‘the Act’). It is the case of the petitioner that Section 3 of the Act contemplates 4 national holidays, whether it falls on a Sunday or not. That apart, the employees are entitled to 5 festival holidays.
4. It is the further case of the petitioner that before finalizing the 5 festival holidays, the 2nd respondent, in consultation with the employer and employees may specify the 5 festival days, which could be treated as holidays. It is the further case of the petitioner that the 3rd respondent, without consultation, suggested the following 5 festival holidays for the year 2023, of which 3 festival days fall on a Sunday, which by itself is a holiday :-
| S. No. | Description of Festival | Date & Day |
| 1 | Pongal | 15.01.2023 – Sunday |
| 2 | Tamil New Year | 14.04.2023 – Friday |
| 3 | VinayakarChathurthi | 17.09.2023 – Sunday |
| 4 | Vijaya Dasami | 24.10.2023 – Tuesday |
| 5 | Deepavali | 12.11.2023 - Sunday |
5. It is the further case of the petitioner that on 20.12.2022, the petitioner sent a representation to the 3rd respondent requesting it to consult the employees in compliance of Rule 3 of the Tamil Nadu Industrial Establishments (National & Festival Holidays) Rules, 1959 (for short ‘the Rules’). However, the 3rd respondent, without consulting the employees and displaying its proposal in the manner specified under Rule 3, unilaterally displayed Form V by choosing the festival days in such a way that 3 of them fell on Sunday, which otherwise is a holiday. Therefore, the Union sent a representation dated 27.12.2022 to the 1st respondent and suggested the following 5 days :-
| S. No. | Description of Festival | Date & Day |
| 1 | Pongal | 16.01.2023 – Monday |
| 2 | Tamil New Year | 14.04.2023 – Friday |
| 3 | VinayakarChathurthi | 22.03.2023 – Wednesday |
| 4 | Vijaya Dasami | 24.10.2023 – Tuesday |
| 5 | Deepavali | 13.11.2023 - Monday |
6. It is the further case of the petitioner that the office bearers of the petitioner Union met the 1st respondent and submitted Form IV and they were informed that the 2nd respondent is the appropriate authority. Thereafter, the petitioner met the 2nd respondent on 2.1.2023 and explained the actions of the 3rd respondent in totally disregarding the provisions of the Act and Rules, whereinafter the Union was invited for talks on 5.2.2023, which ended in failure.
7. It is the further case of the petitioner that only after the petitioner Union raised an objection vide letter dated 27.12.2022, the petitioner was invited for talks clearly reveal that the display of Form V as early as on 24.12.2022 is totally illegal as it was done unilaterally and no proposal was sent to the Authority under the Act. It is the further case of the petitioner that the petitioner met the 2nd respondent on 2.1.2023 and 10.01.2023 to ascertain the status of their representation dated 27.12.2022.
8. It is the further case of the petitioner that the 2nd respondent, who is the authority under Section 3 of the Act, vide the impugned order dated 12.01.2023, rejected the claim for 16.1.2023 and went with 15.1.2023, which is a Sunday, which otherwise even is a holiday. Similar fate was meted out
