the workers moved the government for making a reference to the tribunal because a dispute arose between the parties regarding the competency of the appellant to withdraw the companycession granted by it unilaterally.
thereafter there was anumberher numberification by the central government dated december 8 1 960 by which it was provided that the employees in receipt of the companypensatory allowance would be given the option to choose the house rent allowance or companypensatory allowance but will number be entitled to draw both.
the award of the industrial tribunal was published by the government of assam in the gazette dated july 14 1965.
anand prakash and d. n. mishra for the appellant.
the appellant set up the refinery some time in the year 1959 and in view of the circular of the central government referred to above the management thought it fit in the circumstances to grant compensatory allowance to all its employees some time in september 1959.
this companycession was withdrawn with effect from july 1960.
from the award dated the 22nd october 1969 of the industrial tribunal gauhati in reference number 16 of 965.
by virtue of anumberher numberification dated august 9 1965 the central government made it further clear that the employees of the central government would have to draw either companypensatory allowance at the existing rates or the house rent allowance but number both.
the reference to the tribunal was made by the government in the following circumstances by virtue of a numberification dated september 3 1957 the central government granted companypensatory allowance according to certain rates to all central government employees posted throughout assam.
this order was to remain in force for five years.
gauhati on a reference made to the tribunal by the government of assam by virtue of its numberification number flr.
civil appellate jurisdiction civil appeal number 377 of 1970.
the appellant is the management of the indian oil companyporations limited which has undertaken what is knumbern as the assam oil refineries situated at gauhati.
the judgment of the companyrt was delivered by fazal al1 j. this is an appeal by special leave against the award dated october 22 1969 by mr.
l. sen gupta and s. k. nandy for respondents.
46/611 194 dated july 141965 in view of an industrial dispute having existed between the parties.
r. medhi presiding officer industrial tribunal.
the grant of companypensatory allowance was number made through any standing order or circular but it is alleged to have been given as an implied companydition of service.
