P. R. GOKULAKRISHNAN, J.

( 1 ) THE common respondent Gujarat Mineral Development Corporation Limited in Recovery Applications Na. 2324 of 1982 etc. before the Presiding officer of the Labour Court Ahmedabad is the petitioner in all these special civil applications under Article 227 of Constitution of India. Independent recovery applications under sec. 33 (C) (2) of the Industrial Disputes Act were filed by various employees of the petitioner-Corporation to recover house rent allowance and project allowance. The petitioner-Corporation is a limited Company registered under the Companies Act 1956 It is established for the purposes of prospecting and exploiting minerals within the territory of the State of Gujarat. The Government of Gujarat holds all the 100% of its shares. The Corporation has seven projects in Gujarat. One of the projects is situated at village Kadipani Taluka Chhotaudepur District Baroda known as Flourspar Project. It is for the purpose of excavation and benefication of Flourspar Another of the projects of the Corporation is situated at village Ambaji in Banaskantha district. It is for the purposes of mining different metals.

( 2 ) VARIOUS employees have been engaged by the petitioner-Corporation for winning minerals for the Corporation which enables the Corporation to earn large scale profits. Majority of the concerned respondents who are 835 in number in diverse petitions are working as miners in the Corporation in the aforesaid two projects. The rest are doing miscellaneous work concerned with the same projects. They moved separate applications under sec. 33 (C) (2) of the Industrial Disputes Act before the Labour Court at Ahmedabad against the petitioner Corporation. It is enough if we state the details of Recovery Application No. 2324 of 1982 since the averments made therein except the amount claimed are the same in all these recovery applications. The respondent therein who is the petitioner in Recovery Application No. 2324 of 1982 was serving as a permanent light vehicle driver for a long time. It is allowed by him that he is in service at Ambaji Project from 24-6-1976 that he is being given all the leave casual leave dearness allowance etc. to which the is entitled that he is paid monthly wages calculated at the rate of daily wages that on such calculation the respondent is paid Rs. 208. 00 per month calculated at the rate of Rs. 8. 00 per day that the respondent has served the Corporation for more than 240 days and that as such he is the permanent employee of the petitioner herein. It is further submitted by the respondent that in spite of Provident Fund being deducted from his salary and gratuity being given to him the petitioner-Corporation has not paid the house rent allowance and the project allowance as it gives to other employees of the Corporation. According to the respondent the other employees of the Corporation are paid house rent allowance and project allowance and as such the respondent must also be paid such allowances calculating the project allowance and house rent allowance in all at Rs. 1700. 00 and Rs. 3 650 respectively. The respondent claimed 3 sum of Rs. 5 350 in all.

( 3 ) FOR the above stated claim by the respective employees of the Corporation the Corporation filed a common written statement inter alia contending that the applications are not legally tenable an d that such applications are false and vexatious. According to the petitioner the respondents are working as daily rated workmen either at Ambaji Multi-Metal Project or at Flourspar Project Kadipani and there are subsisting agreements between Shree Ambaji Multimetal Project Employees Union and the Gujarat Mineral Development Corporation Employees Union dated 25-5-1979. 26-5-1979 3 and 13-8-1981 respectively. It is the further case of the petitioner herein that the respondents have not been made regular workmen and therefore they are not entitled to receive project allowance and house rent allowance for period they were cove

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