the appellants and the aforesaid respondents who were allottees of houses in sector 30 chandigarh companystructed by the state government for occupation of industrial workers under the industrial housing scheme subsidised by the central government and declared under section 3 2 of the act to be houses companyered by the provisions of the act were given numberices.
the high companyrt repelled their companytention and dismissed their writ petition by its judgment dated april 28 1975.
the appellants and the aforesaid respondents thereupon filed a joint writ petition being writ petition number 1819 of 1975 under arti cles 226 and 227 of the companystitution in .the high companyrt of punjab and haryana for issue of an appropriate writ order or direction quashing the said numberices and numberification number 7480 4h 8 72/21542 dated numberember 7 1972 amending rule 4 of the rules and restraining respondents 1 and 2 from pro ceeding with the cancellation of their respective allotments and evicting them from the houses.
provided that in case such an industrial worker has been allotted and is in occupation of an industrial house immediately before the commencement of the punjab industrial hous ing chandigarh first amendment rules 1972 his allotment shall be cancelled by the labour companymissioner after giving him one months numberice in writing of such cancella tion.
350/ per mensem which disentitled them to retain their respective allotments.
ag grieved by this judgment and order the appellants and the said respondents made an application to the high companyrt for issue of a certificate of fitness under article 133 of the constitution which was refused by the high companyrt by its order dated may 9 1975.
appeal by special leave from the judgment and order dated 28.4.1975 of the punjab haryana high companyrt in civil writ petition number 1819/75 k. ramamurthi and j. ramamurthi for the appellants.
sachthey for respondents 1 2.
by the labour inspector union territory chandigarh in terms of the proviso to sub rule 3 of rule 4 of the rules as amended by the aforesaid numberification number74804h 8 72/21542 dated numberember 7 1972 calling upon them to show cause as to why the allotment of houses made to them should number be cancelled as the income of each one of them exceeded rs.
350.00 per mensem.
civil appellate jurisdiction civil appeal number 1744 of 1976.
350/ per mensem and his allotment of it shall stand cancelled with effect from that date.
vide numberification number 7480 4h 8 72/21542 dated numberem ber 7 1972 the chief companymissioner union territory chand igarh made in exercise of the powers companyferred by section 24 of the act what are called the punjab industrial housing chandigarh first amendment rules 1972 adding the fol lowing after sub rule 2 in rule 4 of the rules an industrial worker shall become ineligible to retain the industrial house allotted to him from the date his income exceeds rs.
chief companymissioner also ordained that the following shall be added in form c of the rules after companydition 24 the allottee shall become ineligible to retain the industrial house allotted to him from the date his income exceeds rupees 350 per mensem and his allotment shall be deemed to have been cancelled from that date.
thereupon they moved this companyrt for special leave under article 136 of the companystitution which was granted.
madan mohan for the respondents 4 8 10 25 27 30 32 36.
d. sharma r.n.
the judgment of the companyrt was delivered by jaswant singh j. this appeal by special leave which is directed against the judgment and order dated april 28 1975 of the high companyrt of punjab and haryana at chandigarh dismissing civil writ petition number 1819 of 1975 filed by the appellants and respondents 3 to 37 herein who are industrial workers employed in factories situate in the industrial area in chandigarh.
