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1998 (11) TMI 674

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..... d from four to nine. The total number of compulsory paid holidays were thus raised from seven to thirteen. This alteration was challenge by the appellants on the ground that the holidays, national and festival, so increased were violative of the Fundamental Right guaranteed to them under Article l9(i)(g) to carry on their trade, business or profession. It was also challenged en the ground of arbitrariness as the contention was that the increase in the number of national and festival holidays was wholly arbitrary, without there being any reasonable basis for such increase which has compelled the appellants to pay to their labour and other employees salary even for closed days on which they do not work. Article 19(1)(g) provides as under: 19. Protection of certain rights regarding freedom of speech, etc.-(1) All citizens shall have the right- (a) ................................... (b) ................................... (c) ................................... (d) ................................... (e) ................................... (f) ................................... (g) to practice any profession, or to carry on any occupa .....

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..... assicus, written down by Patanjali Sastri, C.J., in the State of Madras vs. V. G. Row: 1952 SCR 597 =AIR 1952 SC 196 : It is important in this context to bear in mind that the test of reasonableness, wherever prescribed, should be applied to each individual statute impugned, and no abstract standard, or general . pattern, of reasonableness can be laid down-as applicable to all cases. The nature of the right alleged to have been infringed, the underlying purpose of the restrictions imposed, the extent ana urgency of the evil sought to be remedied thereby, the disproportion of the imposition, the prevailing conditions at the time should all enter into the judicial verdict. In evaluating such elusive factors and forming their own conception of what is reasonable in all the circumstances of a given case, it is inevitable that the social philosophy and the scale of values of the judges participating in the decision should play an important part, and the limit to their interference with Legislative judgment in such cases can only be dictated by their sense of responsibility and self-restraint and the sobering reflection that the Constitution is meant not only for people of their way .....

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..... ess of the restrictions, no abstract or general pattern or a fixed principle can be laid down so as to be of universal application and the same will vary from case to case as also with regard to changing conditions, values of human life, social philosophy of the Constitution, prevailing conditions and the surrounding circumstances. (4) A just. balance has to be struck between the restrictions imposed and the social control envisaged by clause (6) of Article 19. .^- (5) Prevailing social values as also social needs which are intended to be satisfied by restrictions have to be borne in mind. (See: State of U.P. vs. Kaushailiys, (1964) 4 SCR 1002 = AIR 1964 Sp 416) (6) There must be a direct and proximate nexus or a reasonable connection between the restrictions imposed and the object sought to be achieved. If there is a direct nexus between the restrictions, and the object of the Act, then a strong presumption in favour of the constitutionality of the Act will naturally arise. (See: Kavalappara Kottarathil Kochuni @ Moopil Nayar vs. States of Madras and Kerala. (1960) 3 SCR 887 = AIR 1960 SC 1080; O.K. Ghosh vs. E.X. Joseph. (1963) Supp. (1) SCR 789 = AIR 1963 SC 812) Hav .....

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..... t be compelled to work on all days. While other employees may enjoy national and festival holidays, the workers in an industry or an agricultural farm must work throughout and should not avail of any holiday is not the philosophy of Article 43. As human beings they are entitled to a period of rest which would enable them to fully enjoy their leisure and participate in social and cultural activities. It was for this reason that this Court in Manohar Lal vs. State of Punjab). (1961) 2 SCR 343 = AIR 1961 SC 418, upheld the compulsory closure of shop on one day. This decision was followed in Ramdhandas vs. State of Punjab. (1962) 1 SCR 852 = AIR 1961 SC 1559 upholding the restriction placed on the opening and closing hours of the shop. Both these decisions were followed in Collector of Customs,. Madras vs. Nathella Sampathu Chetty, AIR 1962 SC 316 = (1962) 3 SCR 786. These decisions were treated as social and industrial welfare legislation. On the principles of this philosophy, this Court has already upheld the provisions of the Industrial Disputes Act in Niemla Textile Finish ins Mills Ltd. vs. 2nd Punjab Tribunal. AIR 1957 SC 329 = 1957 SCR 335; Minimum Wages Act in U. Unichoyi vs. S .....

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..... ower to Increase production required healthy labour force. Some recreation and rest would make the labour more fit and capable of doing their work more efficiently and satisfactorily which would result in more production. The Kerala Institute of Labour and Employment had already made a study of paid holidays available to industrial workers in Kerala State in 1982 and after studying the conditions prevailing in about one hundred and eighty public and private industrial establishments as to the national and festival holidays available to their workers had published a report. As per the analysis made in that report, it was noticed that the number of paid holidays available to industrial workers in the public sector in Kerala ranged from seven to twenty one days and in private sector, from seven to seventeen days. It was also noticed that the Government of India had declared sixteen holidays while Government of Kerala had declared eighteen holidays for the year 1990 which were repeated in 1991. Having regard to the factors enumerated in the counter-affidavit as also to the Directive Principles of State Policy contained in Article 43, we are of the opinion that the Act by which the .....

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