This numberice further stated that the factory will remain open on Friday, the 11th November during the hours mentioned therein.
The numberice issued on November 5, 19766, declaring November 11, 1966, as a holiday for Diwali was in companyformity with the right of the workmen under the companyditions of their service.
The companypany obviously did number accede to this request of the Association with the result that most of the workmen attached to the association did number attend to work on November 11, 1966.
6 of 1968 published in the Assam Gazette dated the 4th September 1968.
According to them, one day holiday for Kali Puja was being allowed for a number of years and that it has become a companydition of service.
Appeal by special leave from the Award dated August 9, 1968 of the Labour Court Gauhati in Case No.
After the companypanys numberice regarding the change of holiday for Diwali was put up on the numberice board, the Association, on the same day November 10, 1966 , addressed a letter to the management that the change of holiday for Diwali was number justified and that the date originally declared as a holiday, namely, the 11th November, should be allowed to stand.
On November 10, 1966, the General Secretary of the Sangha wrote a letter to the factory Manager of the appellant requesting him to close the factory on Saturday, the 12th November, 1966, on account of Kali Puja instead of the 11th instant as already numberified by the company pany on November 5, 1966.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The wages for that day were number paid by the appellant to those workmen on the ground that they were absent from duty.
Sen, G. Mukhuty and D. N. Gupta, for the Appellant.
On November 5, 1966, the appellant numberified that the factory will remain closed for Kali Puja on Friday, the 11th November,1966.
According to this list, the holiday for Kali Puja was stated to be on Friday, the 11th November, 1966.
Quite naturally, this numberice cancelled the previous numberice dated November 5, 1966.
L. Sen Gupta and S. K. Nandy, for the respondents.
2433 of 1968.
The workmen in this companypany were represented by two unions 1 Amco Employees Association hereinafter referred to as the Association and 2 Amco Sramik Sangha hereinafter referred to as the Sangh .
According to the usual practice, at the companymencement of the year 1966, the appellant had published a list of holidays for that year.
This numberification was only on the basis of the list of holidays referred to earlier.
The Judgment of the, Court was delivered by VAIDIALINGAM, J. In this appeal, by special leave, the question that arises for companysideration is whether the appellant has companytravened section 9 D of the Industrial Disputes Act, 1947 hereinafter referred to as the Act , when at the request of the majority of the workmen the holiday for Diwali was changed from 11th November, 1966 to the ,next day.
