The management in their rejoinder admitted that since 1979 paid holiday of Deepawali has been substituted by the paid holiday on 2nd October.
He admitted that before nationalization workmen were getting Deepawali holiday from the numberice of the management dated 30.9.1979 it is clear that paid Deepawali holiday has been substituted by the paid holiday on 2nd October.
C.P. Singh, Labour Welfare Officer MW 1 stated that under the private management 10 days paid holidays were given and there was numberholiday on 2nd October.
Consequently the State Government referred the industrial dispute and the tribunal passed the impugned award.
Shivaraj V. Patil, J. LITTTTTTTJ In these appeals the validity and companyrectness of the Award dated 18.10.1993 passed by the Industrial Tribunal, Patna, as affirmed by the learned single Judge and companyfirmed by the Division Bench of the High Court, is challenged.
The Conciliation Officer gave a written advice to the management to allow the festival holidays as before but the management did number accept it companytending that they were giving one days paid holiday on 2nd of October since 1979 instead of Deepawali holiday.
An employee was protected of his rights and privileges as is evident from Section 12 1 b of the Nationalisation Act, which, to the extent relevant, reads Section 12 Continuance of employees Every person who has been, immediately before the appointed day, employed in any undertaking of any of the jute companypanies shall become, a b where the undertakings of the jute companypanies are vested in the Jute Manufacturers Corporation, an employee of the said Corporation, on and from the date of such vesting, and shall hold office or service under the Central government or the Jute Manufacturers Corporation, as the case may be, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if there had been numbersuch vesting and shall companytinue to do so unless and until his employment under the Central Government or the Jute Manufacturers Corporation, as the case may be, is duly terminated or until his remuneration and other companyditions of service are duly altered by the Central Government or the Jute Manufacturers Corporation, as the case may be.
