K.P.Singh, J. - (1.) A short question involved in this writ petition is where the notice contained in Annexure I, dated Ist March 1988, regarding change of weekly holiday from Wednesday to Sunday with effect from 6th March 1988, is bad in law and against the provisions of Section 4-1 of the Uttar Pradesh Industrial Disputes Act read with the Third Schedule thereof.
(2.) The relevant portion of the aforesaid Section 4-I of the Uttar Pradesh Act reads as below: "Notice of change: No employer who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Third Schedule, shall effect such change (a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected, or (b) within twenty-one days of giving such notice: Provided that no notice shall be required for effecting any such change ( i).......... (ii)........." The Third Schedule of the Uttar Pradesh Act reads as below: "(See Section 4-I) (Conditions of service for change of which notice is to be given) 1. ........... 2. ........... 3. ........... 4. Hours of work and rest intervals. 5. Leave with wages and holidays. 6. ............ 7. ............ 8. Withdrawal of any customary concession or privilege or change in usage. 9. ............ 10............. 11. ..........."
(3.) The aforesaid Se ction 4-I read with the Third Schedule thereof is almost similar to the provisions of Section 9-A read with the Fourth Schedule of the Central Act. Most of the rulings brought to our notice are concerning the provisions of Section 9-A read with the Fourth Schedule of the Central Act but they provide valuable guidelines to determine the question involved in the present case.;