this allowance the 1st respondent drew along with his salary until the 18th august 1948 when he was offered by the government quarters suitable to his post but he refused to occupy the same.
b. dadachanji m. v. jayakar and rajinder narain for respondent number 1.
the claim companyered the period the 19th august 1948 to the 18th january 1951 at the rate of rs.
in this case the facts are number in dispute and may shortly be stated as follows the 1st respondent is a gangman in the employ of the central railway which previously used to be knumbern as the g.i.p.
10 per month.
who was the authority responsible under section 4 of the act for payment of wages had stopped payment of house rent allowance to him from the 19th august 1948.
appeal by special leave from the judgment and order dated the 28th day of september 1951 of the authority under the payment of wages act bombay in application number 500 of 1951.
the judgment of the companyrt was delivered by 1347 sinha j. this is an appeal by special leave from the orders dated the 28th september 1951 passed by the 2nd respondent the authority appointed under section 15 1 of the payment of wages act iv of 1936 which hereinafter will be referred to as the act allowing the 1st respondents claim for house rent allowance as part of his wages.
civil appellate jurisdiction civil appeal number 208 of 1952.
on his refusal to occupy the quarters offered by the government the house rent allowance was stopped with effect from the 19th august 1948.
18 per month plus dearness allowance.
c. setalvad attorney general for india g. n. joshi porus a. mehta and p. g. gokhale with him for the appellant.
at that time his wages were rs.
as a result of this scheme certain railway employees stationed at specified headquarters were eligible for the allowance aforesaid at certain specified rates.
the 1st respondent thus became entitled to the allowance of rs.
on the 8th june 1951 the 1st respondent put in his claim before the authority for rs.
with effect from the 1st numberember 1947 the railway board under the ministry of railways of the government of india introduced a scheme of grant of companypensatory city allowance and house rent allowance at rates specified in their memorandum number e47 cpc/14.
this scheme was modified by the railway boards letter number e47 cpc/14 dated 1st december 1947.
290 on the ground that the appellant the divisional engineer g.i.p.
10 per month.
march 2.
since april 1945.
