L S NAIR Vs. HINDUSTAN STEEL LTD

JUDGEMENT

(1.) The petitioner was employed as a Recorder in Blooming and Billet Mill section of the Bhilai Steel Plant, owned by the Hindustan Steel Limited, a Government company. The petitioner as an employee was allotted a quarter by the management's order dated 3rd August 1966. The petitioner's services were terminated on 8th April 1967 with effect from 10th April 1967 on payment of one month's salary. The allotment of the quarter was subject to the petitioner's agreeing to pay rent at the rate fixed by the company and to abide by the rules and regulations governing the allotment of company's property. One of the rules relating to the allotment of quarters is that an employee who resigns or retires from service or is terminated or transferred, shall not be allowed to retain the quarter for a period exceeding one month from the date of the occurrence of the event and that an employee who retains the quarter beyond this period, except with the permission of the management, will be treated as an unauthorised occupant and eviction proceedings would be taken against him. The company filed an application on 30th June 1973 before the Estate Officer appointed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, claiming eviction of the petitioner. The company also claimed Rs. 3,788.89 comprising of standard rent as damages at the rate of Rs. 46/- per month and electricity and other charges for the period from 10th April 1967 to 30th June 1973. Further damages at the rate of Rs. 46/-per month and electricity and other charges from 1st July 1973 til) the delivery of vacant possession were also claimed. The company's application was allowed by the Estate Officer by order dated 24th October 1973. The petitioner then preferred an appeal which was dismissed by the District Judge, Durg, on 28th April 1975. The petitioner thereafter filed this petition under Article 226 of the Constitution.

(2.) It may be mentioned at the outset that the petitioner challenged the order of termination of his services by an application under Section 31 of the Madhya Pradesh Industrial Relations Act, 1960. The Labour Court by order dated 31st May 1975 dismissed the petitioner's application. The order of the Labour Court was upheld in revision by the Industrial Court by order dated 11th November 1975. The petitioner then filed Misc. Petn. No. 487 of 1976 challenging the orders of the Industrial Court and the Labour Court. By order delivered by us on 15th December, 1979, we allowed that petition and remanded the case to the Labour Court on the ground that the order of termination was passed by an authority lower in rank to the appointing authority and that it is open to the Labour Court, in the light of the decision in R. K. Nair v. G. M., Bhilai Steel Plant, 1977 MPLJ 497 : (1977 Lab 1C 1079) to see whether on the material produced in the domestic enquiry the charges of misconduct were proved against the petitioner and whether the punishment was justified on the charges.

(3.) The Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is an Act to provide for the eviction of unauthorised occupants from public premises and for certain incidental matters. Section 2 (e), which defines the expression "public premises", reads as follows: