BEAS CONSTRUCTION BOARD Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) This writ petition is directed against the order dated December 9, 1985, Annexure P -11, made by the Presiding Officer, Labour Court (Central), Shimla, in a proceeding under section 33 -C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act").

(2.) The claim of the respondent -workman in the said proceeding was that he was a work charged employee of the Beas Satluj Link Project (hereinafter referred to as "the management*) at Sundernagar, that the work -charged employees were entitled to the grant of rent free accommodation or 10% house rent allowance in lieu thereof (unless tentage accommodation was provided, in which case, the house rent allowance would be admissible at the rate of 71/2%), that he was not provided with rent free accommodation nor any house rent allowance was paid to him for the period from January 1978 to March 1984 at the rate of 10% although it was due to him and was actually paid to him earlier and that he be awarded the sum Rs. 1,179.15 P. being the arrears of house rent allowance for the aforesaid period at the rate of 10% admissible to him. The Labour Court upheld the claim of the respondent -workman on the basis of the orders Annexure P -5 and P -6 dated September 27, 1965 and June 2/3, 19o6, respectively, and passed an order directing the management to pay within a period of two months the arrears of house rent allowance as claimed by him. Hence the present writ petition.

(3.) In Central Bank of India v. Rajagopalant AIR 1964 SC 743, the scope and ambit of section 33 -C(2) was examined and explained. It was pointed out in that case :