- (1.) These are three petitions under Art. 226 of the Constitution of India challenging the award of the Industrial Tribunal upholding the workmen's claim for treating half-working day as full day for the purposes of computing annual leave under S. 79 of the Factories Act.
(2.) The workmen of six textile mills of Cawnpore including Messrs Elgin Mills, Cawnpore, Textiles Limited and Swadeshi Cotton Mills raised disputes in respect of two matters. Firstly, they claimed that three national holidays and two festivals holidays should be treated as working days in calculating the period of 240 days entitling the workmen to. annual leave with wages under S. 79 of the Factories Act. Secondly, they claimed that half day's working of the mills should be treated as full day while calculating 240 days for the purposes of computing annual leave with wages under S. 79 of the Factories Act. The State Government referred these two matters for adjudication to the Industrial Tribunal, Lucknow under six different orders. The employers as well as the workmen contested the proceedings before the Industrial Tribunal. The Tribunal held that the festivals and national holidays could not be treated as working days while computing 240 days working days under S. 79 of the Factories Act, The Tribunal, however, answered the second question in favour of the workmen and held that half working day of mills should be counted as full day in computing 240 days for the purposes of determining the annual leave with wages under S. 79 of the Factories Act. Aggrieved the employers of the three mills, namely, M/s. Elgin Mills Co., M/s. Cawnpore Textiles Ltd. and M/s. Swadeshi Cotton Mills have filed these three petitions challenging the award of the Tribunal.
(3.) Section 79 of the Factories Act provides for the grant of annual leave with wages to workmen employed in the factories and industrial establishments It, further, provides method for computation of the annual leave with wages The relevant part of S. 79 of the Factories Act is in the following terms: "79. Annual leave with wages (1) Every worker who has worked for a period of 240 days or more in a factory during calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of (i) if an adult, one day for every 20 days of work performed by him during the previous calendar year; (ii) if a child, one day for every 15 days of work performed by him during the previous calendar year: Explanation 1. For the purpose of this sub-section (a) any days of lay-off, by agreement or contract or as permissible under the Standing Orders; (b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and (c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purposes of computation of the period of 240 days or more, but he shall not earn leave for these days. Explanation 2. The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.";