Case: Muzaffarpur Electric Supply Company Limited Vs. Muzaffarpur Electric Supply Workers' Union

2. The appellant in the present case is the Muzaffarpur Electric Supply Co., Ltd. The demand made by its employees for housing accommodation gave rise to the present industrial dispute. The tribunal directed the appellant to construct at least 12 quarters according to the specifications laid down in the scheme within one year from the date of the publication of the award. This part of the award was challenged by the appellant before the Labour Appellate Tribunal; but the appellate tribunal agreed with the view taken by the tribunal and rejected the appellants contention. It is against the award thus confirmed by the appellate tribunal that the present appeal by special leave has been preferred.

Reasoning: In our opinion this objection is purely technical and must be rejected. It would no. doubt have been more accurate to describe the respondent as the appellants workmen represented by the Union but we do not think that in the circumstances of this case such a misdescription of the respondent can make the appeal incompetent. Therefore the preliminary objection raised by Mr. Jai Krishan cannot bedo not propose to express any opinion about the other awards that may have been passed issuing similar directions; but as we have held in the case of the Patna Electric Supply Co. Ltd., 1959 AIR(SC) 1035) (supra), the scheme sanctioned by the Bihar Government cannot in the present circumstances of industry in Bihar be enforced and an obligation cannot be imposed on the employer requiring him to construct quarters for his employees. That is why we do not think reference to any other awards where such an obligation may have been imposed can assist theare unable to accept this view. We must, therefore, hold that the award under appeal cannot be sustained and must be set aside.