Grover, J. - (1.) This is an appeal by special leave from the award of the Seventh Industrial Tribunal, West Bengal.
(2.) The appellant company is a unit of the Engineering Industry in West Bengal having three Factories in various parts of Calcutta. The company employs about l650 workmen in all these factories. According to the appellant, it is solely engaged in the production of brakes and signalling equipment for the railways. Its products, it is claimed, are essential for the smooth working of the railways, which are its sole customers In order to ensure smooth production and uninterrupted flow of supply, the government of West Bengal declared the appellant to be a public utility service in exercise of the power conferred by sub-clause (vi) of clause (n) of Section a of the Industrial Disputes Act, 1947, and also as 'essential service' under the Defence of India Rules. It is said as a unit of engineering industry, the appellant was a party to certain omnibus major awards made in 1958 and the earlier awards of 1949 and 1950. In these awards, the service conditions, including leave and holidays of the workmen were standardised. The appellant has granted leave and holidays as per those awards and in accordance with the provisions of the Factories Act, the Shops and Establishment Act and the Employees' State Insurance Act. The paid holidays which are being granted are ten in a year. There used to be a system in the appellant company's establishment of granting nine days unpaid festival holidays in addition to the paid festival and other holidays. It is pointed out that in no other major industry in the region this system of unpaid festival holidays is being followed any longer.
(3.) At the instance of the appellant company, the Government of West Bengal referred the following issue by an order dated June 7, l966 to the industrial tribunal for adjudication. "Curtailment of unpaid festival holidays.";