IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on: 09.07.2023 Delivered on: 04.10.2024 CORAM :

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MR. JUSTICE P.DHANABAL W.A.No.2786 of 2023 Maiva Pharma Pvt.Ltd.

No.32, Sipcot Industrial Complex, Phase-I, Hosur-635126.

Rep. by its Senior Manager (HR&-IR) Mr.Karthi ..Appellant/3rd Respondent VS.

1. Maiva Pharma Employees Union (R.No.560/drp)

187/5, 9th Cross Street, Kamaraj Nagar, Chinna Elasagiri, Hosur-635126. …1^st Respondent/ Petitioner

2. Joint Director Industrial Safety and Health

3/2 A, Seetharam Nagar, Hosur- 635126

3. Deputy Director Industrial Safety and Health

3/2 A, Seetharam Nagar, Hosur- 635126 …. Respondents/ Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters patent Act, to set aside the order dated 13.09.2023 made in W.P.No.2247 of 2023.

For appellant : Mr.Sanjay Mohan, senior counsel for M/s.S.Ramasubramaniam Associates For respondents : Mr.N.G.R.Prasad for M/s.Row and Reddy for R1 Mr.V.Ravi, Spl.G.P.for R2 and R3.

JUDGMENT

J.NISHA BANU, J.

This Writ Appeal is filed by the Employees Union, challenging the order passed in W.P No.2247 of 2023 dated 13.09.2023.

2. The Appellant Management is a pharmaceutical manufacturer with

125 workers including management trainees, contract laborers, and fixed-term employees. It is registered under the Factories Act and the Tamil Nadu Industrial Establishments Act.

3. In December 2022, a list of festival holidays was submitted to the relevant authority as per Tamil Nadu Industrial Establishment rules. This list was prepared after discussions with a trade union, which requested that festival holidays on Sundays be replaced with holidays on working days. However, the management did not agree to this request, emphasizing the factory's crucial role in drug production for the public.

4. The list of festival holidays dated 30.12.2022, was submitted to the statutory authority on 05.01.2023, after serving the copy upon the trade union. Discussions took place on January 9 and 10, 2023, involving the trade union and management, where the management reiterated its inability to provide holidays on closed days (Sundays) due to the factory's role in drug production. Following the Deputy Director's instructions, a circular was displayed for employees to choose their preferred holiday, and a majority accepted the holidays proposed by management.

5. Out of 850 employees, 638 agreed to the declared festival holidays.

Following discussions, the statutory authority declared the festival holidays for 2023 on 12.01.2023, and posted the list on the notice board. The determination of these holidays was made after consulting the Employees trade union. There is no legal basis for demanding holidays on non-closed days, as festival holidays are intended to be observed on the actual day of the festival, even if it falls on a Sunday. Challenging the said order, Employees union preferred Writ petition in W.P.No.2247 of 2023, whereby the learned Single Judge passed an order dated 13.09.2023 declaring 13.11.2023 as a substitute holiday for diwali instead of

12.11.2023. As against this order, the present appeal had been preferred. 6. The case of the 1^st respondent-employees union is that the employees working under the Appellant management are entitled to four national holidays and five festival holidays, which should be determined in consultation with the employees. However, the management unilaterally proposed festival holidays for 2023, three of which coincided with Sundays—already designated as holidays.

7. The employees union requested compliance with regulations to consult employees about holiday selection but the management ignored this request, leading to a representation from the union suggesting alternative holiday choices. The employees Union met the Joint Director and Deputy Director of Industrial Safety and health to address the concerns about the Appellant Management’s unilateral holiday decisions, which disregarded legal provisions. After unsu