INDIAN OXYGEN COMPANY LTD. Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) As both these writ petitions involve common question of law, they are being disposed of by this judgment. However, the respective facts of each case would be noticed separately. In C.W.J.C. No. 1133 of 1982 (R), the petitioner company has prayed for the following reliefs: - -

(2.) The facts of the case as stated in the writ petition are that the matter relating to grant of leave to the workmen employed in its Industrial Establishment is covered by the certified standing orders as also by the terms of settlement entered into by and between the Management Company and the Union at different places and in additions thereto, settlements have been arrived at therefor The petitioner stated that the case of the workmen in relation to the Industrial Establishment of the petitioner Company is covered by the terms of the settlement entered into by and between the Management of the Company and respondent No. 3 on Nth of March, 1971. It is further stated that thereafter the concerned Union submitted a charter of demands to the Management and negotiations therefor were held with the Union on 26.2.1971 and again from 8.3.1971 to 13 3.1971 and as a result whereof the aforementioned settlement dated 14th March, 1971 was arrived at.

(3.) The petitioners contend that the aforementioned rights and obligations of the periods relating to number of holidays admissible under the terms of the settlement aforementioned have been affected by reason of the provisions of the Industrial Establishments (National & Festival Holidays and Casual Leave) Act, 1976 (Bihar Act No. 17 of 1977 and the rules framed thereunder) hereinafter referred to as the Act 'and ' the Rules').