West Bengal Workmen’s House-Rent Allowance Act, 1974
Sec 5. Recovery of House-rent Allowance – (1) If the house-rent allowance payable under this Act is not paid by the employer within the prescribed time, the workman or any other person authorised by him in writing in this behalf, or in the case of death of the workman, his legal representatives may, without prejudice to any other mode of recovery, made in such form and in such manner as may be prescribed, an application to the Controlling Authority having jurisdiction over the area in which the industry is situated, for the recorvery of the house-rent allowance due to him :
Provided that such application shall be made within one year from the date on which the house-rent allowance became due :
Provided further that such application may be entertained after the expiry of the said period of one year if the Controlling Authority is satisfied that the workman had sufficient cause for not making the application in time.
(2) The Controlling Authority to whom an application under sub-section (1) is made, may, after giving the applicant and the employer concerned an opportunity of being heard and after making such further inquiry, as may be considered necessary, determine, in such manner as may be prescribed, the amount of house-rent allowance due to the applicant and may, by an order, direct, without prejudice to any other action which may under this Act or any other law lie against the employer, the payment to the applicant of house-rent allowance so determined.
(3) Any amount directed to be paid by an order under sub section (2) may be recovered by any Magistrate to whom the Controlling Authority making the order makes application in this behalf as if it were a fine imposed by such Magistrate.
(4) An appeal shall lie in the prescribed manner and within the prescribed time from an order of the controlling authority dismissing any application or giving any direction under sub-section (2), to the State Government or to such authority not below the rank of Assistant Labour Commissioner, as the State Government may, by notification, appoint in this behalf.
6. Reference of Dispute under the Act. – Where any dispute arises between an employer and any workman with respect to the house-rent allowance payable under this Act or with respect to the application of this Act to an industry, such dispute shall be deemed to be an industrial dispute within the meaning of the Industrial Disputes Act, 1947 (14 of 1947).
Refer : West Bengal Workmen’s House-Rent Allowance Act, 1974
