DEEPAK PANCHAL Vs. GAJRA GEARS

JUDGEMENT

(1.) ALL the aforesaid revisions have been heard as connected matters as they involving similar questions of fact and law.

(2.) THE impugned judgments in these revisions are rendered in appeals by the Sessions Court below in affirmance, with slight modification, of the order of conviction passed by the trial Magistrate, convicting petitioners under section 630 of the Companies Act and sentencing them to pay certain amount of fine.

(3.) LC for the petitioners has vehemently contended that the dispute was essentially of Civil nature and the ownership of the respondent Company over the accommodations in question was in dispute. However, both the Courts below have held as a fact that the accommodations in question belong to the respondent Company and the same was allotted to the petitioners for use and occupation on their being in the employment of the Company. Since the petitioners have now ceased to be in the employment of the Company they were bound to vacate the said accommodation. These findings of fact, I am afraid, are unassailable in revision and it is not open for this Court to under take detailed reappraisal of the evidence and come to its own conclusion. It is not disputed that the petitioners were occupying the said accommodations being in the employment of the respondent Company. That being so, they must vacate the same on their ceasing in the said employment. Their conviction has been rightly recorded and no interference is therefere called for by this Court in revision.