HINDUSTAN CONSTRUCTION COMPANY LIMITED Vs. GOPAL KRISHNA SENGUPTA

JUDGEMENT

(1.) These Appeals are against orders of the Bombay High Court dated 19th October, 2000 in Criminal Revision Application No. 235 of 2000; 13th/22nd December, 2000 in Criminal Application No.3643 of 2000 in Criminal Revision Application No. 235 of 2000 and 22nd December, 2000 in Criminal Application No. 2645 of 2000 in Criminal Revision Application No. 235 of 2000.

(2.) Briefly stated the facts are as follows : The 1st respondent was an employee of the appellant-Company. His services were terminated. The 1st respondents challenge to his termination has been dismissed both by the Industrial Tribunal and the High Court.

(3.) On 5th September, 1988 the 1st respondent purchased 50 shares of the appellant-Company from one Mr. Ambalal Shah. On 1st November, 1988 the 1st respondent lodged the share certificate along with the share transfer form with the transfer agents of the appellant. They were returned to the 1st respondent on the ground that the signature of the transferor differed. On 4th August, 1989 the 1st respondent again lodged a fresh share transfer form, duly signed by Mr. Ambalal Shah, and share certificate with the transfer agents of the appellant. The appellants claim that as per their internal procedure one employee wrote down the name of the 1st respondent and his son on the share certificate for purposes of putting them up before the Board of Directors. The appellants claim that they thereafter realized that the transfer form was not sufficiently stamped, so the endorsement on the share certificate was cancelled without effecting a transfer of the share certificate. The transfer form and the share certificate were again returned to the 1st respondent. On 19th September, 1989 the 1st respondent again lodged the share transfer form and the share certificate with the transfer agents of the appellants. These were again returned on 10th November, 1989 on the ground that some entries had been made in pencil instead of ink.