PRABHAT SINGH Vs. STATE

JUDGEMENT

(1.) The question to be decided in this case is whether the petitioner, Parbhat Singh, is a, 'worker' as defined in the Factories Act 1948. It has arisen in a somewhat devious way. For over two decades the petitioner has been employed by Indian Oxygen Limited who manufacture oxygen and acetylene gases. He started as a, labourer ('mazdoor') in the factory of the company at Delhi.' On 1st October 1953, he was promoted and became a 'booking sircar'. He has been working as such ever since. In a letter written by the company the duties of booking sircars have been described as follows:

(2.) In 1952, a scheme known as the Government of India Subsidised Housing Scheme for Industrial Workers was formulated. Under the scheme, houses were to be constructed by Government and allotted to industrial, workers. To regulate allotment of such houses in Delhi, the Delhi Subsidised Industrial Housing Scheme (Allotment of Houses) Rules 1963 were made. It is common ground that both under the scheme and the rules the allotment of a house could be made only to a 'worker' as defined in the Factories Act, and he could retain it only till such time as he continued to fulfil that requirement.

(3.) The petitioner was allotted a house covered by the scheme on 5th August 1958. It was situated in an Industrial Housing Colony built by the Government at Karampura, Najafgarh Road, New Delhi. Simultaneously, two other booking sircars employed by the company were allotted houses in that colony.