SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, OLAVAKKOT Vs. PRESIDING OFFICER, C.G.L. COURT, QUILON AND OTHERS

JUDGEMENT

(1.) The Senior Divisional Personnel Officer, Southern Railway, Olavakkot, has filed this appeal against the judgment of a learned Judge, who dismissed the writ petition to quash the decision of the Labour Court, Quilon, under Sec. 33-C (2) of the Industrial Disputes Act, evidenced by Ext. P2 dated 18-9-1975. The application under Sec. 33-C (2) of the Industrial Disputes Act was made by certain employees of the Railway Administration for recovery of House Rent Allowance and City Compensatory Allowance. These allowances were sanctioned under Ext. P1 letter of the Railway Board, and, clarified by Ext. P2 letter. These letters have the force of law as explained by the Supreme Court in Railway Board Vs. P.R. Subramamyam (AIR 1978 SC 284) , which was followed recently by a Division Bench of this Court in Writ Appeals Nos. 121, 135, 138 etc., of 1978. Ext. P1 letter stated that the Board has been examining the grant of house rent allowance and city compensatory allowance and had decided that these allowances should be granted subject to two conditions mentioned therein; viz., (1) that the distance between the place of duty and periphery of the municipal limits of the qualified city does not exceed 8 kilometres and, (2) that the staff concerned have to reside within the qualified city out of necessity i.e., for want of accommodation nearer their place of duty. Paragraphs 2 & 4 of Ext. P1, which are relevant and with which we are concerned, read thus:

(2.) Counsel for the Railway Board raised a contention before us, that the application under Sec. 33-C (2) of the Industrial Disputes Act is not maintainable to enforce payment of these allowances. We are unable to agree. The point in that form does not appear to have been raised before the Labour Court, or, even before the learned single Judge. We are unable to see any substance in this contention. We dismiss the writ appeal with no order as to costs. Appeal dismissed.