TATA TEA LTD Vs. FAZLUR RAHMAN

JUDGEMENT

(1.) In spite of notice nobody appears on behalf of the opposite party.

(2.) This revisional application is directed against an order dated 20-12-1999, passed by the learned Chief Judicial Magistrate, South 24 Parganas, Alipore, in Case No. C-502 of 1999 thereby rejecting the application of the present petitioner praying for a direction upon the accused to vacate the bungalow which is the property of the petitioner and which the accused opposite party is illegally and wrongfully withholding after the termination of service.

(3.) The present petitioner filed a petition of complaint against the accused opposite party under Section 630 of the Companies Act, 1956 ('the Act') in the court of the learned Chief Judicial Magistrate, South 24 Parganas, Alipore, on 20-2-1999. The allegation made in the petition of complaint is that Tata Tea Ltd. is a public limited company within the meaning of the Companies Act. The company appointed the accused opposite party as an assistant manager and provided him with free housing accommodation while he was posted as assistant manager in Sagmoo Tea Estate, Police Station Kaliabor, Nawgaon, Assam. The company, vide its letter dated 12-6-1998, revoked with effect from 15-6-1998, the contract of employment of the accused opposite party and terminated his service by the said letter. It was alleged that in spite of the receipt of the said letter the accused failed and neglected and/or refused to hand over the vacant possession of the said bungalow to the company. Since the termination of service of the accused by the complainant-company with effect from 15-6-1998, there has been no relationship of employer and employee between the complainant-company and the accused. The accused had no legal right to use or occupy the said bungalow along with furniture and fixtures. As such the accused is in wrongful possession of the said bungalow. It was alleged that in the aforesaid manner the accused has committed an offence punishable under Section 630 for which he should be tried and punished according to law.