Murray-Aynsley CJ:

This case gives rise to a considerable amount of difficulty.The workmen concerned are labourers casually employed as and when inquired.They are free to work or not when any job offers.They are paid collectively when they do a job, for which they seem to contract collectively.

The workmen claim double wages for certain holidays on which they worked.In order to be entitled to double wages it seems that they must be entitled to a holiday with pay under sub-section (1) of s. 19A. For that the day must fall within a period of employment.It seems difficult to apply this term to persons casually employed for particular jobs.This is quite different from persons employed for a period of time but remunerated by piece-rates. "Within the period of his employment" is not the same as "during the time that he is employed". In the circumstances the appeal must be allowed.

Appeal allowed.