K. Jagannatha Shetty, J. - (1.) Special Leave granted.
(2.) Whether International Labour Day (1st May) should be paid holiday in addition to the existing holidays for the employees of the appellant Company is the sole question for determination in this appeal. The appellant is a public limited company having manufacturing units and selling outlets in the different parts of the country. In the State of Bihar the company has an establishment at Mona Road, Burma Mines, Jamshedpur manufacturing Industrial and Medical Cases and there is another establishment located, at Ranchi manufacturing liquid oxygen explosives.
(3.) The holidays available to the employees of the company's establishment are provided by the settlement dated 14 March 1971. The settlement provides for a total number of 18 holidays for office staff and 14 holidays for the factory staff. The relevant portion of the settlement reads: "Provision of Settlement dated 14-3-1911. ARTICLE:Leave and Holidays (c) The number of National/ Festival Holidays to which the factory staff and factory general staff are entitled will be enhanced from the present number of 10 to 14 days including 3 National Holidays viz. Republic Day, Independence Day, Mahatma Gandhi's birthday and Viswakarma Puja. (d) The number of National/ Festival holidays for office and office general staff will be enhanced from 17 to 18 days per calendar year including 3 National Holidays viz. Republic Day, Independence Day and Mahatma Gandhi's birthday.";