ABDUL KHALIQUE Vs. NATIONAL TAXTILE CORPORATION

JUDGEMENT

(1.) -THIS Criminal Revision Application has been directed against an order dated January 12, 1988, passed by the learnedadditional Sessions Judge, Nanded, in rejecting the petitioner's revisionpetition which he had preferred against the order dated October 15. 1987,passed by the learned Chief Judicial magistrate, Nanded, under Section 630 of Companies Act.

(2.) THE facts are simple. The petitioner was an employee of respondent no, 1 the National Textile Corporation which is a company registeredunder indian Companies Act. This Nanded Textile Mill is a working unitof respondent No. 1. The petitioner was occupying Quarter No. 57 of thenanded Textile Mill as an employee of the corporation. The petitionerretired from service on January 2, 1980, but has failed to vacate the quarter. The respondent corporation, therefore, had called upon him tovacate the quarter by issuing notice through Advocate on November 5,1986 but he did not comply with the requisition contained in the above notice. Therefore, a complaint was filed by the Assistant Administrativeofficer duly authorised by Chief Executive Officer of the respondent No 1corporation. The learned chief Judicial Magistrate took cognizance of an offence punishable under section 630 of Companies Act.

(3.) APART from technical pleas raised by the petitioner, the petitionerhas stated that he was employee of Usmanshahi Mill. It may be statedthat the said mill was taken over by respondent corporation by virtue of nationalisation Act passed by the Government of India on april 1,1974. Next, the petitioner stated that he was called from indor to work atnanded by Usmanshahi Mill. At that time the company had assured himthat he will be provided free quarter and same was to be transferred in name. In other words, according to him he has become tenant of the first respondent corporation.