The appellant urged before the tribunal that the housing facilities and allotment of quarters to workmen was the primary responsibility of the State and number of the employer and it alleged that in any event it was financially number possible for the appellant to undertake the task.
The respondent had put forward a demand that the appellant should provide houses to its employees and should undertake the companystruction of quarters immediately in that belie.
The respondents case was that the appellant was bound to provide quarters to its employees and let out the same to them according to the Bihar Government scheme.
Appeal by special leave from the judgment and order dated January 31, 1956, of the Labour Appellate Tribunal of India, Calcutta, in Appeals Nos.
On March 29, 1952, the Government of Bihar, by a numberification issued under s. 7 read with s. 10 1 of the Industrial Disputes Act, 1947 14 of 1947 hereafter called the Act referred twelve items of dispute for adjudication to the Industrial Tribunal companysisting of Mr. H. K. Chaudhuri as the sole member.
36 and 38 of 1953.
K. Chatterjee, for tile respondents.
227 of 1958.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
It is an industrial establishment engaged solely in public utility service, namely,, the supply of electricity for the requirements of the public and is a licensee under the provisions of the Electric Supply Act, 1948 54 of 1948 .
The Judgment of the Court was delivered by GAJENDRAGADKAR, J. This appeal by special leave arises out of an industrial dispute between the Patna Electric Supply Co., Ltd., hereafter called the appellant and its workmen represented by the Patna Electric Supply Workers Union hereafter called the respondent .
Out of the said items the present appeal is companycerned with only one and it relates to the housing facilities to the workmen and principle of allotment of quarters to them .
The appellant is a public companypany incorporated under the Indian Companies Act and has its registered office at Patna.
The appellant denied its liability to make any housing provision for its employees and that gave rise to the industrial dispute.
This scheme was finally sanctioned by the State Government.
C. Setalvad, Attorney General for India and Naunit Lal, for the appellant.
1959 April 23.
The appellant then applied for, and obtained, special leave from this Court on September 17, 1956 .
On March 9, 1953, the tribunal upheld the respondents claim and by its award it directed the appellant to start companystruction of at least 15 quarters according to the specifications laid down in the Government scheme within one year from the date of the publication of the award.
The appellant had also companytended that it had to function within the limits prescribed by the Electricity Supply Act, 1948, and that the relevant provisions of the said Act would number permit the appellant to undertake any expenditure to meet the respondents demand.
