HIRAK GHOSH Vs. AMARENDRA NATH SINHA

JUDGEMENT

(1.) By a letter dated 20th June, 1968 issued at Jamshedpur, the petitioner was appointed as an Assistant Medical Officer at the Tata Main Hospital, Jamshedpur, which is run by the Tata Iron & Steel Co. Ltd. The petitioner was given his residential quarters by the company. After 17 years of his service, on 3-10-1985 by a letter of the same date, issued at Jamshedpur, the services of the petitioner were terminated abruptly. The petitioner has challenged his termination in the Labour Court at Jamshedpur. The said proceedings are pending. In the meanwhile, the company wanted him to vacate the residential quarters. He has refused to do so. In 1986, the company filed an eviction suit in the Munisiffs Court at Jamshedpur and sought possession and mesne profits. The said suit in the Munisiffs Court is being contested and is pending.

(2.) In the meanwhile, sometime in June 1988, the company was advised to file a Criminal Case No. 54/S/88 in the Court of the Additional Chief Metropolitan Magistrate, 33rd Court, Ballard Pier, Bombay, under section 630 of the Companies Act and section 406 of the Indian Penal Code, when apparently there was no justification for filing such a complaint in Bombay. Nothing has happened in Bombay and nothing has to be done by the petitioner in Bombay, nor is the property situated in Bombay, the sole justification being that the company has its Registered Office in Bombay. Hence, this petition for quashing the process issued on the ground of want of territorial jurisdiction. But the legal ingenuity with which it is pursued and persisted, makes it nothing but an abuse of the process of the Court.

(3.) Now, to some more details. In the complaint, after setting out the facts relating to the petitioners employment and allotment of his residential quarters, the company proceeds to set out as to how the petitioner has no right of occupation of the staff quarters as his services have been terminated. I will have a detailed analysis of this complaint done, little later on. But in the meanwhile, the basis on which the present complaint was filed in the Magistrates Court finds its place in para 8 of the complaint, which is as follows :-