JUDGMENT

D.S. Mathur, J. - This judgment shall govern Writ Petitions Nos. 1205, 1255 to 1261, 1263 to 1267, 1310 to 1322, 1352 to 1355, 1379, 1389 to 1394, 1418, 464, 1540, 1552, 1636, 1644, 1645, 1747, 1750, 1751, 1778, 1838, 1839, 1850, 1851, 1885, 1889, 2174, 2290, 2321, 2543, 2648, 3021, 3351, 3461, 3619, 4036, 4103, 4104, 4174, 4190, 42I5, 4299, 4473, 4474, and 4651 of 1969 and 193, 372, 555, 826, 1049, 1264, 1620, 1989, 1990, 1527, 3025 and 3026 of 1970, to challenge the orders of eviction passed against the petitioners from subisidized labour colonies. The petitioners can, briefly speaking, be divided into three categories: one, who are rank trespassers and are not making claim through the allottees; the second category is of allottees still in possession though the order at allotment has been cancelled. The third category is of persons to whom the accommodation had not been allotted, but appear to have been put in possession by the original allottees. For the appreciation of the matters in issue it shall be proper to give hereinbelow the past history including the circumstances in which the construction of subsidised labour colonies was taken up.

2. As a result of the deliberations of the Indian Labour Conference, it was decided to formulate a Scheme with two important ingredients, i.e., grant of subsidy and a long-term loan at a reasonable rate of interest for housing the Industrial workers, Accordingly, in September, 1952 the Subsidised Housing Scheme for Industrial workers was formulated by the Ministry of Works, Housing and Supply, Government of India, which envisaged the grant of financial assistance to State Governments, Statutory Housing Boards, Cooperative Housing Associations of Industrial workers and Private Industrial employers. Under this Scheme the Central Government took upon itself the responsibility for providing 100 per cent finances, out of which 50 per cent was outright subsidy and the balance was by way of long-term interest bearing loan to State Government to enable them to build houses for eligible categories of Industrial workers governed by the Factories Act, 1948.

3. The Government of Uttar Pradesh so constructed single room or double room houses in different places in the State under the above Scheme for Industrial workers. For the due administration, control and management of these houses the State Legislature enacted the U.P. Industrial Housing Act, 1955 (U.P. Act No. XXIII of 1955), to be referred hereinafter as the Act of 1955, giving power to the Housing Commissioner (Labour Commissioner) to manage the houses built under the Industrial Housing Scheme. Under the rule-making power the Government of Uttar Pradesh made the U.P. Industrial Housing Rules, 1959. The houses were to be allotted to Industrial Workers and the allottees could remain in occupation on payment of rent, though, in case of sufficient number of industrial workers not being available for occupation of the houses, they could be allotted to non-industrial workers on a short term basis on payment of economic rent.

4. The petitioners belong to three categories whose possession is now clearly without permission. The first category is of persons who are alleged to have wrongfully occupied the quarters without any right; the second is of those who are no longer entitled to occupy the same and the third of those who have no right to remain in occupation and stand in the same category as trespassers. All the petitioners are thus persons who are in wrongful possession of the houses.

5. The learned Standing Counsel raised a preliminary objection to numerous persons joining as petitioners in the same Writ Petition even though separate notices of eviction were served upon them. Considering that a common question of law has been raised in the Writ Petitions, no useful purpose shall be served by entertaining the Writ Petitions in respect of a few persons only. In case the provisions of the various enactments are declared to he valid or the