TEXMACO LTC Vs. STATE OF DELHI

JUDGEMENT

(1.) The present petition is preferred against the impugned order dated 24.05.2005 passed by the learned trial court.

(2.) The brief facts necessary to decide this present petition are that the Petitioner company acquired the proprietary rights in respect of M/s. Birla Mills as well as the latter's housing colonies by virtue of a scheme of compromise and arrangement in 1983. M/s. Birla Cotton Spinning and Weaving Mills had installed a mill in Delhi known as Birla Cotton Spinning and Weaving Mill located at Kamla Nagar. The mill had more than 3000 employees and had 900 quarters in its nearby vicinity. The quarters provided accommodation to the employees. The quarters/residential colonies are popularly known as New Birla lines, Old Birla lines, Shivaji Lines, Khilonawala Bagh etc. They were allotted by the company to its employees on license basis. The allotments were allegedly made with the terms and conditions that the employee would be entitled to reside in the quarter so long as he continued in employment and would vacate it and handover the vacant possession back to the company upon cessation of his employment.

(3.) The Respondent no-2 joined the services of the company on 14.11.1948. He was allotted quarters bearing no. 78 on 10.4.1980 and quarters no.79 on 9.7.1976 Old Birla Lines, subject to the terms and conditions of licence and allotment letters of the said dates. The charges for the use and occupation of the quarter were Rs. 2.75(Rs. Two and seventy five paise) The Respondent No.2 ceased to be in employment of the Petitioner Company with effect from 30.03.1987. It is averred that the Respondent was bound to vacate the quarter which he did not despite the alleged requests and reminders from the company. The Petitioner Company thereafter filed a complaint case under Section 630 of the Companies Act 1988.