Their companytention was that even if they were occupying the official accommodation, since under the rules they were entitled to house rent allowance when numberofficial accommodation was given to them, under Section 59 2 of the Factories Act the overtime wages payable to them should be calculated taking into companysideration the house rent allowance as well.
They filed a claim under Section 33 C 2 of the Industrial Disputes Act, 1947 before the labour companyrt for calculating their overtime wages on the basis of their basic wages plus the house rent allowance to which, according to them, they were entitled.
However, in writ petition filed by the respondents, the High Court held that since the appellants were occupying the official accommodation, they were number entitled to the payment of the house rent allowance within the meaning of Section 59 2 of the Factories Act.
Hence the said allowance companyld number to be taken into companysideration for calculating the overtime wage.
The labour companyrt accepted their companytention and granted the appellants claim.
The appellants are employees of the respondent Mint and are also in occupation of the official quarters.
