(1.) Sri Vinod Upadhyay, Senior Advocate, assisted by Sri Ritvik Updhyay for the petitioner and learned Standing Counsel for respondent no.1 and 3. Initially, Sri P.C. Jhingam had put in appearance and filed counter affidavit and after his death notice was issued to respondent no.2 to engage another counsel vide order dated 21.10.2011. None has appeared on behalf of respondent no.2 though the case has been called in revised list.
(2.) The writ petition is directed against the award dated 29th April 1991 of Industrial Tribunal-I, U.P. at Allahabad (hereinafter referred to as "the Tribunal") in Adjudication Case No. 40 of 1989 whereby the Tribunal has directed the petitioner i.e., M/S Hindalco Industries Ltd. (hereinafter referred to as "the employer") to pay 10% of the basic pay towards house allowance to workers who are not provided housing accommodation by the employer, from the date of their appointment till such time housing accommodation is not offered to them.
(3.) Respondent no.2 is a union of workers of Hindustan Aluminium Corporation Limited, Renukoot, in district Sonbhadra. An industrial dispute was raised by the Union that some of the workers who are not provided with housing accommodation should be provided house rent allowance. A reference was made for adjudication of the above dispute vide State Government notification dated 1.5.1989 under Section 4-K of U.P. Industrial Disputes Act to the following effect: