DALMIA DADRI CEMENT, LIMITED Vs. THEIR WORKMEN

JUDGEMENT

(1.) THIS appeal by special leave raises a short question about the propriety of the order passed by the industrial tribunal, Punjab, Patiala, directing Dalmia Dadri Cement Ltd., to construct and allot or otherwise provide separate residential quarters of the existing ones to the chaukidars in its employment so that each quarter should be spacious enough for his and his family's residence. The industrial dispute consisting of several items arose between the appellant and its employees, the respondents. Item 8 had reference to the claim made by the respondents that the watch and ward staff should be provided with rent-free family quarters. This claim has been allowed by the tribunal and an award has been made issuing the necessary directions in that behalf against the appellant. Mr. Anand Prakash contends that the award is not justified and should be set aside.

(2.) IN Patna Electric Supply Company, Ltd., Patna v. Patna Electric Supply Workers' Union [1958 - II L.L.J. 366] this Court has held that at the present stage of our national economy it would not be expedient for industrial tribunals to impose upon the employer the liability to provide housing accommodation to his employees. The argument is that the award under appeal is inconsistent with the principles laid down by this Court in the above judgment. In our opinion, this argument is sound and must be accepted. It appears that there are certain quarters which are made available by the appellant for its chaukidars, but the chaukidars' grievance is that these quarters are insufficient for their habitations as there is no privacy to each one. The tribunal was impressed by this grievance and so it has called upon the appellant to provide the chaukidars with adequate quarters. In doing so, the tribunal has not considered the financial liability involved in providing for adequate quarters and has merely made the order out of humanitarian grounds. We do not think, in the circumstances of this case, the tribunal was justified in making the award that it has made. Mr. Anand Prakash has stated that in regard to the chaukidars the appellant has implemented the recommendations of the wages board with the result that chaukidar now gets a minimum house-rent allowance of Rs. 7.50 per month. That being so, we do not think that, at this stage, the appellant could be called upon to provide proper quarters for the chaukidars in question. The result is the award in question is set aside and the claim by the respondents under item 8 is rejected.