JUDGMENT : ( 1. ) BY this petition under Article 226 of the Constitution of India, the petitioner, Sangh, seeks a mandamus directing the Government to grant the Operative of the Government Regional Press, Gwalior, second saturday of the month a holiday as is allowed to other ministerial staff of the printing Press and a writ of Certiorari to quash the order of the Madhya pradesh Industrial Court, Indore, dated 26-6-1972 refusing to grant the right of holiday on second Saturday to the operatives of the Printing Press. ( 2. ) THE brief facts leading to this petition are these: The petitioner sangh raised a dispute that they were entitled to the holidays on second saturdays which were granted to the ministerial staff of the Printing Press and other Government Servants. Their stand is that all the Government employees are governed by the same set of rules in respect of their service conditions including the leave rules and holidays which they could enjoy. When the Government rules that govern the other employees also govern them, they could not be denied holidays on second Saturdays. ( 3. ) THE Government, keeping in view the recommendations of Justice tarachand Pay Committee constituted in the year 1950, ordered with effect from 1-1-1961 that (a) the hours of work for all Government officers excluding criminal and civil Courts will be from 10. 30 A. M. to 5 P. M. with a break of half an hour from 1. 30 P. M. to 2. 00 P. M. ; and (b) the second Saturday in each month will be a full holiday in all Government offices. The aforesaid pay Committee had considered the working hours of the ministerial employees of the Madhya Pradesh State Officers and recommended an increase of 15 minutes per day in the working hours. This worked to 11 hours per week or six hours in 9 months. Besides this, the casual leaves which were previously admissible to the ministerial employees at the rate of 15 days per year were curtailed to 13 days in a calendar year. The State Government in lieu of the above had passed the above order applicable to the Government offices by which the hours of work were changed and the second Saturday in each month was to be a full holiday. The State Government in lieu of the above had passed the above order applicable to the Government offices by which the hours of work were changed and the second Saturday in each month was to be a full holiday. The Government, when the dispute was raised by the petitioner Sangh referred the matter for an arbitration before the Madhya Pradesh Industrial Court under section 51 (a) of the madhya Pradesh Industrial Relations Act, 1960. ( 4. ) THE learned Judge inter alia held that the demand of the Union based on the ground that they were being discriminated was not justified. The learned Judge also compared the service conditions of the State employees with other States and found that the operatives working in the Government press were not granted holiday on the second Saturday except in Delhi and maharashtra. The total working hours of the operatives were 42 per week while in Maharashtra they were 44. He suggested that if the operatives were agreeable to work more on weekly days, they could be given half holiday on second Saturday. ( 5. ) AGGRIEVED by the order of the Madhya Pradesh State Industrial court, the Union has not filed this writ petition contending in the main that the operatives have been discriminated when they are not being allowed the holidays on second Saturdays as is being given to other Government employees and the employees of the Press. ( 6. ) IN Alembic Chemical Works Co. Ltd. v. The Workmen, (AIR 1961 S C 647.) a similar contention was raised with regard to the clerical staff and the operatives. With reference to the facts of that case, the Supreme Court pointed out that a distinction has to be made between the operatives who do the manual work and the clerical and other staff. The two form separate categories of employees. Therefore, while granting privilege leave to the staff the Tribunals decision did not suffer from the vice of discrimination. It was observed : "the practice prevailing in comparable concerns and the trend of awards both seem to show that a distinction is generally made between the two categories of employees, and since the said distinction is perfectly justifiable no question of discrimination can arise. . . . " (Para 13 ). It was observed : "the practice prevailing in comparable concerns and the trend of awards both seem to show that a distinction is generally made between the two categories of employees, and since the said distinction is perfectly justifiable no question of discrimination can arise. . . . " (Para 13 ). It would be seen that the operatives in the Press in the instant case have rightly been not extended the benefit of leave of second Saturdays as their daily working hours had not been increased nor their casual leave reduced. The working hours prescribed for the technical staff of the Printing Press are 42 hours per week in day shift and 36 hours per week in night shift and they are granted casual leave at the rate of 15 days per year. Whenever an industrial worker works in a factory for more than 9 hours on any day or for more than 48 hours in a week he is allowed over time and is entitled to over time wages at the rate of twice his ordinary rate of wages. The operatives thus become entitled to the over time rule applicable to the Industrial Worker. The ministerial employees of the Government Press and the other Government departments are not given any over time to whatever length of time they work in extra hours in the offices. The ministerial employees are often required to work for extra hours even during Sundays and other holidays for which they are not given any extra compensation. ( 7. ) UNDER section 79 (1) of the Factories Act, 1948, every worker who has worked for a period of 240 days or more in a factory during a calendar year, shall be allowed during the subsequent calendar year leave with wages for a number of days calculated at the rate of, if an adult, one day for every twenty days of work performed by him during the previous calendar year. By Explanation 2 to sub-section (5), if a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (11 or sub section (2), any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year, provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child. The Industrial workers of the Government Press are entitled to avail 16 days of casual leave and 33 days of earned leave (calculated at the rate of one eleventh of the period spent on duty by a permanent employee) with wages in a year. ( 8. ) AS already indicated above at the beginning, it is significant that the leave on second Saturdays was provided because there had been an increase in the working hours of the ministerial staff and that the casual leave had been reduced. There has been no such increase in the working hours of the operatives nor are their casual leaves curtailed. It can safely be said that the ministerial staff formed a different category than the operatives of the press. The nature of the duty of the two classes of workers is different there is no question of equality in the conditions of service of the two sets of employees and the challenge on the ground of discrimination must necessarily fail. Nor the order passed in reference be impugned on the ground that it introduces discrimination and was repugnant to Article 14. The ministerial staff and the operatives formed two distinct categories and that being the case, it cannot be said that the operatives are similarly situated and have been discriminated. ( 9. ) WE, therefore, dismiss this petition with costs. Counsels fee rs. 100, if certified. The balance of the security amount, if any, shall be refunded to the petitioner. Petition dismissed.