``Giving such a direction will be adding premium to illegality, and against the interest of the society,'' Justice K Govindarajan said on Thursday while allowing, with costs, two revision petitions filed by the management of Nagammal Mills, Nagercoil, challenging a direction of the State Government in 1990.

On July 20, 1990, there was a State-sponsored bandh. The management did not declare a holiday, and only 24 workers reported for work. The management refused wages for the bandh day to those who did not come for work.Those refused approached theDeputy Labour Commissioner, Tirunelveli, who upheld their plea for payment of bandh day wages. The management then appealed before the District Judge, Nagercoil, who upheld the Deputy Labour Commissioner's ruling. Hence, the present revision petition filed by the management of Nagammal Mills in the High Court.

Allowing the petition, the judge observed that the finding of the district court, that if workers do not participate in the bandh, there will be a law and order problem, is without substance.

``When the Government is duty-bound to maintain law and order, merely because somebody is not participating in the bandh, it cannot be said that there will be law and order problem.''

Since the employees did not report for work, the management lost out on production. Thus, the workers cannot insist on the day's wages, the judge said.

``If they want to participate in the bandh, they must be ready to lose their benefit also. They cannot participate in the bandh at the cost of the employer,'' the judgeadded.

The judge said since holding a bandh itself is against the interest of the nation, can a Government or its authorities direct employers to declare the day a holiday with wages?

``Even if it is so, as has been done in this case, such a direction will be nothing but illegal,'' he declared.

In this case, the judge said, the Government declared a holiday in support of the bandh, ``which is nothing but supporting the illegality.'' The employees, who participated in the bandh, are not entitled to wages and no employer can be compelled to pay wages to such employees, he said while quashing the orders of the lower court.