JAGABANDHU PRADHAN Vs. ASSTT HOUSING COMMISSIONER

JUDGEMENT

(1.) The short question involved in this case is whether the petitioner is entitled to protection under the Proviso to Section 12 (1) (b) of the Orissa Industrial Housing Act. 1966 (Orissa Act 1 of 1967). The relevant portion of Section 12 of the Act reads thus:

(2.) The learned District Judge had dismissed the appeal holding that the protection under the proviso to Section 12 (1) (b) is not available to the petitioner since he ceased to be an Industrial Worker on accepting service as Revenue Inspector under the State Government. The, factual position regarding the subsequent appointment of the petitioner as Revenue Inspector was not disputed.

(3.) It is contended on behalf of the petitioner that the appellate authority should have held that the petitioner is entitled to the protection under the proviso to Section 12 (1) (b). The interpretation given by the learned District Judge seems to be correct. The proviso to Section 12 (1) (b) is in the nature of an exception to the provision in the main section which vests the power in the Housing Commissioner to evict any person who is in unauthorised occupation of any house, notwithstanding anything contained in any law for the time being in force, by service of notice in the manner prescribed. As such, the proviso is to be strictly construed. It is apparent from a perusal of the provision that the protection is intended to be given to an industrial worker, the question of whose service is in dispute between himself and the employer and is the subject- matter of an adjudication before an Industrial Tribunal. The protection is not available to an industrial worker who on his own choice and volition accepts employment under another employer and thereby ceases to be an industrial worker. If the contention of the petitioner is accented then he will continue to get the protection as an industrial worker even after he becomes a Government servant. Such an interpretation will lead to an anomalous position which is the duty of the Court to avoid.