HOUSING BOARD HARYANA Vs. HARYANA HOUSING BOARD EMPLOYEES UNION
LAWS(SC)-1995-10-61
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on October 30,1995

HOUSING BOARD OF HARYANA Appellant
VERSUS
HARYANA HOUSING BOARD EMPLOYEES' UNION Respondents

JUDGEMENT

S. Saghir Ahmad, J. - (1.) Whether the Haryana Housing Board is a "Local Authority" within the meaning of Section 32 (iv) of the Payment of Bonus Act, 1995 is the question to be decided in these appeals. If it is held that it is a "Local Authority:, this Act, namely, the Payment of Bonus Act, would not apply to its employees, as it is provided in Section 32 (iv) that it would not apply to those categories of employees (including the employees of the "Local Authority") enumerated, specified and categorised therein.
(2.) "Local Authority" has not been defined in the Payment of Bonus Act, 1995 but it has been defined in Section 3 (31) of the General Clause Act, 1897 as under: "'Local authority' shall mean a municipal committee, district board body of Port Commissioners or other authority legally entitled to, or entrusted by the Government with, the control of management of a municipal or local fund."
(3.) Incidentally, "local authority" has also been defined in Section 2 (J) of the Haryana Housing Board Act, 1971 as under: "(J) 'Local authority' means a municipality constituted under the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911), or a Gram Panchayat constituted under the Punjab Gram Panchayat Act, 1952 (Punjab Act 4 of 1953),or a Panchayat Sanity or a Zilla Parishad constituted under the Punjab Panchayat Samities and Zilla Parishad Act, 1961 (Punjab Act 3 of 1961), or an Improvement Trust constituted under the Punjab Town Improvement Act. 1992 (Punjab Act 4 of 1922)." ;


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