Judgment

SINHA J.: This is an appeal by Special leave from the orders dated 28-9-1951 passed by respondent 2, the Authority appointed under S. 15(1), Payment of Wages Act (4 of 1936), (which hereinafter will be referred be to as the Act) allowing respondent 1 s claim for house rent allowance as part of his wages.

2. In this case the facts are not in dispute and may shortly be stated as follows : Respondent 1 is a gangman in the employ of the Central Railway (which previously used to be known as the G. I. P. Rly.), since April 1945. At that time his wages were Rs. 18 per month plus dearness allowance. With effect from 1-11-1947 the Railway Board under the Ministry of Railways of the Government of India introduced a scheme of grant of Compensatory (city) allowance and house rent allowance at rates specified their memorandum No. E47CPC/14. This scheme was modified by the Railway Board s latter No. E47CPC/14 dated 1-12-1947.

As a result of this scheme of certain railway employees stationed at specified headquarters were eligible for the allowance aforesaid at certain specified rates. Respondent 1 thus became entitled to the allowance of Rs. 10 per month. This allowance respondent 1 drew a