(1.) THIS is a case in which the Petitioner's father was an employee in the Electrical Wing of the Municipal Corporation which was transferred to H.P. State Electricity Board on 1 -1 -1974 The Petitioner's father expired on 12 -1 -1981. The Himachal Pradesh Government by their Order No. LSG -A (1)/1/74 -II dated 7th July, 1982 appointed an Arbitrator namely Shri B.C. Negi to consider/examine the claims/ counterclaims of the H.P. State Electricity Board and the Municipal Corporation, Shimla, arising out of transfer of Electricity Wing of Municipal Corporation, Shimla to the H.P. State Electricity Board. The terms of the reference are set out in the award which is produced as Annexure P -l to the petition. It is not necessary to refer to the entire terms of the reference and -suffice it to point out that under Clause (ii) of the Order the Arbitrator was directed to consider the claim preferred against the Board by the Municipal Corporation on account of the value of the assets transferred to the Board with effect from 1 -1 -1974.
(2.) WHEN the arbitration was proceeding the Petitioner's father died on 12 -1 -1981. The Petitioner got employment on compassionate grounds under the Electricity Board. On 13 -11 -1982, the premises which was occupied by the Petitioner's father was allotted to the present Petitioner by the Board. Thereafter, the Arbitrator passed an award on 31 -3 -1983 deciding the dispute between the Municipal Corporation on one hand and the Electricity Board on the other. In the award, following paras are relevant in this case: As a conscquence of the discussions that took place between the Government, the H.P.S.E.B and the Municipal Corporation and the notification referred to earlier the electric supply system stood translerred to H.P.S.E.B. with effect from 1 -1 -1974 subject to terms and conditions of its transfer being sorted out in due course. ... ... ... ... ... ... ... ... ... ... Residential buildings in occupation of the H.P.S.E.B. employees in Suji Lines and market lines (near Sabji Mandi) will continue to remain with them till the present incumbents retire. Thereafter, those buildings will revert to the Municipal Corporation. The H.P.S.E.B. will pass on whatever rent they have been collecting from the occupants with effect from 1 -8 -1982 which will notice less than what was being charged by the Municipal Corporation when these buildings were with them.
(3.) THE Petitioner filed an appeal before the Divisional Commissioner, Shimla The appeal vas decided on 29 -3 -1996. The Order of the Assistant Commissioner was confirmed and the appeal was dismissed. The appellate authority has also interpreted the order in the following terms: There is no doubt that the award of the Arbitrator clearly specifies that the residential buildings in occupation of H.P.S.E.B. employees in Suzi line will continue to remain with them till the present incumbents retire. The Arbitrator has also stated that the rent collected by H.P.S.E.B. will be deposited with the Municipal Corporation. As is clear from the award, this decision was in the context of residential buildings which were under occupation of the Electrical Wing of the Municipal Corporation at the time of the transfer of the Wing to H.P.S.E.B. Therefore, in the present case, the award in effect allowed Shri. Dhani Ram to occupy the premises. The H.P.S.E.B., on Shri. Dhani Ram's death allotted the premises to his son before the award was announced. But clearly in terms of the award it was not entitled to do so, since the concession was only with respect to the incumbent who was transferred with the Electrical Wing.