in accordance therewith the workmen resumed work on february 6 1976 and the management paid them wages for the month of january 1976 after excluding there from the wages payable for the period of strike during january namely for the period from january 21 to 31 1976.
the terms of the settlement were inter alia that the strike was to be called off forthwith and the workmen would companymence work on february 6 1976 that the managements proposal 10 make a penal cut of eight days wages of the workmen for going on an illegal strike would be waived and that there would be numberwages payable for the period of the strike.
from the judgment and order dated 7 11 1979 of the madras high companyrt in writ petition number 2886/76.
the strike was called off by the workmen on february 6 1976 due to the intervention of the commissioner of labour madras who brought about a settlement.
k. garg and v. j. francis for the respondent.
civil appellate jurisdiction civil appeal number 34 of 1980.
the companyton textile industry had been declared to be a public utility service for purposes of the industrial disputes act 1947.
soli j. sorabjee d.n.
the workmen were on strike from january 21 1976 to february 5 1976.
gupta and h. k. dutt for the appellant.
the proceedings of the companymissioner of labour dated february 5 1976 show that the parties i.e. the management and the workmen had agreed to abide by his decision in the matter.
the facts of the case are number in dispute.
the judgment of the companyrt was delivered by sen j. this appeal on certificate from the judgment of the madras high companyrt raises a question of some complexity.
the ques tion is whether an employer is statutorily bound to pay wages if the workmen are on strike for any of the national or festival holidays falling within the period of strike under s.3 read with sub s. 1 of s.5 of the tamil nadu industrial establishments national and festival holidays act 1958 hereinafter to referred to as the act .
in respect of claim for bonus for the year 1974 75 a settlement was entered into which stood superseded by the payment of bonus ordinance 1975.
