1993 PLP 593 (PLC)

SAAD SAOOD JAN, J.‑‑‑This is an appeal by special leave from the judgment dated 5‑5‑1987 of the Lahore High Court whereby the Constitutional petition of the appellant calling in question the legality of the order of the Punjab Labour Appellate Tribunal was dismissed.

2. Respondents Nos.3 and 4 were serving in the Pakistan Railways as Special Ticket Examiners. Respondent No.3 was posted at Dera Ghazi Khan while respondent No.4 was posted at Leiah. However, on account of non -availability of accommodation at their respective stations, they were permitted to stay at Multan on their own request. They claimed daily allowance for the period of their stay at Multan. The appellant rejected their claim. They filed separate grievance petitions under section . 25‑A, Industrial Relation Ordinance, before the Labour Court at Multan. The Labour Court dismissed their petitions. They then preferred appeals before the Punjab Labour Appellate Tribunal. The learned Tribunal accepted their appeals and directed the appellant to pay the daily allowance to them for the period they had stayed at Multan. The appellant filed a Constitutional petition in the High Court to call in question the legality of the order of the Punjab Labour Appellate Tribunal but without success. It has now come in appeal to this Court.

3. The relevant provisions having a bearing on the entitlement or otherwise of daily allowance of respondents Nos. 3 and 4 are contained in Rules 202, 203 and 221, Pakistan Railways Establishment Code, Vol.

1. These rules read as follows:‑‑ "

202. Different kinds of Travelling Allowance.‑‑The following are the different kinds of travelling allowance:‑‑ (1). Daily Allowance. (2). Milage allowance. (3). Permanent or consolidated travelling allowance. (4) Conveyance allowance. (5). Actual cost of travelling. .

203. Daily Allowance.‑‑Daily allowance may be drawn by a railway servant who is not in receipt of a permanent travelling allowance, on any day on which he proceeds on tour beyond the radius of five miles from his headquarters or returns to his headquarters from a similar distance.

221. Railway servants performing duties directly connected with the charge of moving trains are not entitled to travelling allowance under the rules in this section but to running allowance under rules specially framed by the General Manager." A perusal of rule 202 would show that `daily allowance' is a kind of travelling allowance. Rule 221 states that Railway servants performing duties directly connected with the charge of moving trains are not entitled to travelling allowance but to running allowance in accordance with rules to be framed by the General Manager. Admittedly, respondents Nos.3 and 4 were members of the running staff and were receiving running allowance. They could not, therefore, claim daily allowance in addition to the running allowance which as would appear from rule 221 is allowed in substitution of the former.

4. The other rule that needs to be noticed is rule

203. It states that daily allowance may be drawn by a railway servant who is not in receipt of a permanent travelling allowance, on any day on which he proceeds on tour beyond a radius of five miles from his headquarters or returns to his headquarters from a similar distance. Now, admittedly, respondents Nos.3 and 4 were permitted to stay at Multan at their own request as accommodation was not available at their stations of postings. Quite obviously their headquarters stood temporarily shifted to Multan. Consequently, they were not entitled to any daily allowance while staying at Multan. For the reasons stated above, we accept this appeal, set aside the judgment of the High Court as well as the learned Tribunal and restore that of the Labour Court. There will be no order as to costs. A.A./P‑195/S Appeal accepted.