Shivaraj V. Patil, J. - (1.) In these appeals the validity and correctness of the Award dated 18-10-1993 passed by the Industrial Tribunal, Patna, as affirmed by the learned single Judge and confirmed by the Division Bench of the High Court, is challenged.
(2.) By the impugned award, the Tribunal ordered that the workmen shall get one day's paid holiday on the occasion of Deepawali which was available to them prior to 1979. However, they will not get any arrears on that count.
(3.) Rai Bahadur Hurdut Ray Motilal Jute Mills Pvt. Ltd. (for short 'the Mill') had remained closed from 25-2-1975 to 17-8-1979. On coming into force of the Jute Companies (Nationalisation) Act, 1980 (for short the 'Nationalisation Act') it stood transferred and vested in the Central Government with effect from 21-12-1980. In turn the Central Government under the provisions of the said Act transferred the Mill to the National Jute Manufacturers Corporation Limited (for short the 'Corporation'). Though the provisions of the Bihar Industrial Establishment (National and Festival Holidays and Casual Leave) Act, 1976 were not applicable to this Corporation being under the control of the Central Government as per S. 12(b) of the Act, the management through a tripartite settlement dated 27-4-1983 continued to allow the workmen the existing number of 10 national and festival holidays in addition to seven days casual leave in a calendar year. Further the said holidays thereafter were to be regulated in the manner as specified and within the framework of the said Act and Rules made thereunder.;