ORDER

1. The appellants are employees of the respondent-Mint and are also in occupation of the official quarters. They filed a claim under Section 33-C(2) of the Industrial Disputes Act, 1947 before the labour court for calculating their overtime wages on the basis of their basic wages plus the house rent allowance to which, according to them, they were entitled. Their contention was that even if they were occupying the official accommodation, since under the rules they were entitled to house rent allowance when no official accommodation was given to them, under Section 59(2) of the Factories Act the overtime wages payable to them should be calculated taking into consideration the house rent allowance as well. The labour court accepted their contention and granted the appellants claim. However, in writ petition filed by the respondents, the High Court held that since the appellants were occupying the official accommodation, they were not entitled to the payment of the house rent allowance within the meaning of Section 59(2) of the Factories Act. Hence the said allowance could not to be taken into consideration for calculating the overtime wage. In this view of the matter, the High C