M.L.JAIN, J. - (1.) THIS writ petition is directed against the award of the learned Industrial Tribunal, Jaipur, dated 12th December, 1975. The State Government had refused the following question for adjudication by the Tribunal, namely: Whether the workmen of J.K. Synthetics Ltd., Kola, who as required to work on any national pr festival holiday, are entitled to twice he daily wages or thrice the daily wages for the day.
(2.) THE learned Tribunal held that the worker who is called upon to work on any paid holiday should get double the wages in addition to the wages the will get for that paid holiday. The basis for this award was as office order dated 15th April, 1964, issued by the J.K. Synthetics L.d., Kota, be which the management declared four more days as paid holidays besides three notional holidays. In respect of these paid holidays it was stated that fence the factory was a continuous process factory, there was no possibility of its closing down on any day and as such those persons who are called upon to work on any of the paid doubles shall be paid double the normal rate of wages. The learned Tribunal was of the view that the true interpretation of the said order was that the labour shall in all get three times the normal Wages. The Tribunal thought that if the intention was 10 pay only twice the wages, then there was no necessity to state 'if called upon to work on any of the above paid holiday.' It would have been sufficient to mention or by 'if called upon to work on any holiday'. The fact that the words 'paid holidays' have been used, means that the worker shall get double the wages in addition to what he shall ordinarily get on that paid holiday. There will be a different in wages if a worker is railed upon to work on any unpaid holiday and if he is called upon to work on any paid holiday. The Tribunal had refined that in other industries, namely, the Gopal Industries and the Nagpal Combing Mills, the workers are paid thrice the normal rate if they are require to work on paid holidays. The learned Counsel for the petitioner challenging the correctness of the adjudication, submitted that in the evidence that was ltd before he Tribunal, there was no mention of the Nagpal Combing Mills in the evidence, while in a similar concern namely, the Shri ram Rayons, the wags for working on a paid holiday are just tie same as the petitioner were giving. It was also contended that the decision of the Tribunal is contrary to the provisions of the Factor its Act.
(3.) NOW , the question that arises is whether the Tribunal has committed such in illegality as is apparent on the face of the record, and has resulted in substantial failure of justice. It appears that the reference was made under Section 25F of the Industrial Disputes Act, with a view to obtain interpretation of the said office order of the petitioners dated 15th April, 1964, other wise there was no need to ask for adjudication whether the wages should be double or treble and the question should have been in general terms. The aforesaid circular it was urged, shows quite clearly that if a worker is on called upon the work on any such holiday, even then he in entitled to payment at normal rate of wages. But if he is called upon to work, then he will get double the normal rate of wages, that is to say, the payment will be two times the normal rate of wages.;