Jaswant Singh, J. - (1.) This appeal by special leave which is directed against the judgment and order dated April 28, 1975, of the High Court of Punjab and Haryana at Chandigarh, dismissing the Civil Writ Petition No. 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.
(2.) The facts leading to this appeal are:In 1956, the Legislature of the then State of Punjab enacted what is called the Punjab Industrial Housing Act. 1956 (Punjab Act 16 of 1956) (hereinafter referred to as the Act) to provide for allotment, recovery of rent, eviction and other ancillary matters in respect of houses constructed under the subsidised Industrial Housing Scheme for industrial workers in the State of Punjab. In exercise of the powers conferred on it under S. 24 of the Act, the State Government made rules called the Punjab Industrial Housing Rules, 1956 (hereinafter referred to as the Rules). Rule 4 of the Rules as originally made ran as under:- "4. Eligibility for allotment - (1) Two-roomed tenements shall be allotted to industrial workers whose income exceeds Rs. 100 per mensem. (2) One-roomed tenements shall be allotted to workers with an income not exceedings Rs. 100 per mensem."
(3.) This rule was amended vide Notification No. 4119-2HG-60/29333 dated October 5, 1960. The rule, after its aforesaid amendment, read as under:- "4. Eligibility for allotment - (1) Two roomed tenements shall be allotted to industrial workers whose income does not exceed Rs. 350.00 per mensem. (2) One roomed/small two roomed tenements shall be allotted to workers with an income not exceeding Rs. 250.00 per mensem; provided that where sufficient number of industrial workers with income exceeding Rs. 250.00 per mensem is not forthcoming for allotment, the Labour Commissioner may, with the approval of the State Government, allot two roomed tenements to industrial workers with an income not exceeding Rs. 250.00 per mensem. Notes:In towns, where only one roomed/small two roomed tenements have been built, applications should first be invited from such workers only, whose monthly income does not exceed Rs. 250.00. It is only after the demand from these workers has been met that unalloted tenements should be made available for allotment to workers, whose income exceed Rupees 250.00 per mensem. Where these tenements are given to higher paid workers the normal subsidised rent should be charged from them till such time as the regular two roomed tenements do not become available for them. When the two-roomed tenements become available the higher paid workers must be removed from the smaller tenements, failing which they should be charged the full economic rent. (ii) In cases where after allotment of one roomed/small two roomed tenements a worker crosses the wage limit of Rs. 250.00 per mensem, he may be allowed to continue in occupation of the house allotted to him on payment of subsidised rent, till such time as the regular two roomed house does not become available, in other respects the procedure as prescribed in note (i) should be followed. (iii) Two-roomed tenements should, in the first instance, be offered for allotment to workers whose income is in between Rs. 251.00 and Rupees 350.00 per mensem.";