LAKSHMNA MEKA Vs. TATA CHEMICALS LTD

JUDGEMENT

(1.) THE petitioner challenged the order passed by the Ld. Addl. Sessions Judge, Fast Track Court No. 1, Khambhaliya, Dist. Jamnagar dated 31/1/2008 in Criminal Appeal No. 34/2002. The petitioner was original accused in Criminal Case No. 970/1994 and by judgment and order dated 17/5/2002 the Ld. Judicial Magistrate First Class, Dwarka recorded conviction of the petitioner original accused for the offence punishable under Section 630 of the Companies Act and imposed fine of Rs. 500/ - and in default of payment of fine, simple imprisonment for 10 days. The Ld. Magistrate further directed that the petitioner accused shall hand -over vacant and peaceful possession of the quarters in question on or before 30/06/2002, failing which he shall have to undergo rigorous imprisonment for one month. As stated above, the petitioner challenged said order by preferring Criminal Appeal No. 34/2002, which came to be dismissed on 31/1/2008. Hence the present revision application.

(2.) HEARD learned advocate Mr. KM Paul for the petitioner, learned advocate Mr. VK Patel for the respondent No. 1 and Ld. APP Mr. Nanavati for the respondent No. 2 - State.

(3.) LEARNED advocate Mr. Paul relied upon a copy of the memorandum of association and articles of association of respondent No. 1 company and drawing my attention to item No. 62, it was submitted that the respondent No. 1 company is bound to provide residential quarters even to ex -employees. It is further submitted that the removal order of the petitioner from the respondent No. 1 company came to be challenged by the petitioner before the Labour Court and the Labour Court allowed the petition of the petitioner and granted reinstatement in service. However, it is submitted that the respondent No. 1 company challenged said order passed by the Labour Court before this Court and the order of reinstatement came to be stayed by this Court.