Satya Parkash Goyal, J. - (1.) The Government of India framed a scheme known as Subsidised Industrial Housing Scheme to provide houses to the Industrial workers in the various industrial towns. In order to regularise the allotment of chase houses, the Punjab Government enacted the Punjab Industrial Housing Act. 1956 and framed rules, under Sec. 24 of this Act known as the Punjab Industrial Housing Rules, 1,956 (hereinafter called the Act and the Rules respectively). The procedure for the allotment of the houses is provided in Rule 5 of the Rules and its relevant portion reads as under: 5. Procedure of Allotment: - -(1) Whenever houses constructed under the Scheme are vacant arid The Labour Commissioner is of the view that they would be let out, he shall issue a notice specifying therein the number of houses available for allotment, the monthly rent and other particulars thereof along with the terms and conditions of allotment. Copies of the notice shall be sent at least ten clear days in advance of the proposed allotment to the managements of all local factories governed by the Factories Act, 1948. Copies of the notice shall also be pasted at such other prominent places as deemed proper by the Labour Commissioner. (2) Applications for allotment of houses shall be submitted in Form 'A' appended to these rules. (3) The Labour Commissioner shall prepare separate lists of such workers whose wages do not exceed two hundred and fifty, rupees per mensem. The names of application shall be arranged in the order in which they submit their applications for allotment of houses. (4) Allotments shall be made in the order of the date of sub -mission of application preference being given to Applicants who have not already been provided with suitable houses by the employers: Provided that the Labour Commissioner may allottee 10 percent of the accommodation out of turn, for reasons to be recorded in writing in each case. In the month of June, 1979, 222 one -room quarters were available for allotment in the Industrial Housing Colony, Dhahdhari Kalan, Ludhiana. Consequently a notice Annexure P -I, dated. June, 5, 1979 was issued in accordance with the provisions of Rule 5 of the Rules inviting applications from industrial labourers drawing less than Rs. 500/ - per mensem" The Petitioners along with many other workers submitted their applications within the prescribed period which were duly entered in the register serial wise. Before the expiry often days, the notice period, some of the industrial workers challenged the issuance of the fresh notice, Annexure P -I and an order staying its operation was secured from the Court on June 13, 1979. The petition was, however, ultimately dismissed vide judgment dated November 5, 1979. Thereafter a fresh notice, Annexure P -4, was issued on June 11. 1980 inviting applications for allotment of the quarters in respect of which earlier notice, Annexure P -l had been issued. The Petitioners have challenged by way of petition under Article 226 of the Constitution of India the validity and legality of fresh notice, Annexure P -4, mainly on the ground that a valid notice having been already issued and the applications submitted in response thereto, the Labour Commissioner, Respondent No. 2 had no authority to issue a fresh notice which would necessarily deprive them of the right of allotment of the quarters on the "first come first served" basis.
(2.) The petition has been opposed both by the State as well as the private Respondents. Some labour unions were also impleaded as Respondents to the petition by the Motion Bench but after hearing the counsel representing them, I find that they have no locus standi to intervene and their counsel was not heard on merits. The defence set up by the State as well as the private Respondents is that ten days period of the earlier notice had not expired when its operation was stayed by this Court. The earlier notice thus having become invalid a fresh notice had to be issued It was further pleaded that the fresh instructions had been issued by the Government of India whereby the criteria for allotment was further changed giving first preference to the workers getting wages upto Rs. 350/ -per month which also necessitated the issuance of a fresh notice.
(3.) A perusal of the provisions of Rule 5 of the Rules would show that whenever the quarters are available for allotment to industrial [labourers, notice has to be issued requiring the eligible labourers to submit their applications within ten days to the labour Commissioner. These applications are registered serial wise in the register of allotment and the quarters are allotted on the basis of "first come first served." In the present case when the quarters is dispute were available for allotment, notice Exhibit P -I, was issued in accordance with the Rules. The Petitioners and many industrial Labourers submitted their applications in the prescribed form which were duly entered in the allotment register. The Petitioners and the other industrial labourers who submitted their applications got a right of allotment of the quarters in accordance with the serial number allotted to them. The right accrued to tic Petitioners, being a statutory right granted under the provisions of the Act and the Rules, the Labour Commissioner has no authority to deny them that right or set it at naught by issuing fresh notice in the absence of any provision in the Rules enabling him to do so.;