LAWS(CAL)-2011-11-11

JITENDRA NATH BANERJEE Vs. EASTERN COALFIELDS LTD

Decided On November 18, 2011
JITENDRA NATH BANERJEE Appellant
V/S
EASTERN COALFIELDS LTD. Respondents

JUDGEMENT

(1.) Seeking rather usual reliefs, the appellant had filed a writ petition wherein the principal relief sought for was issue of a writ in the nature of Mandamus commanding the respondents authorities including their men agents etc. to vacate the quarter of the appellant so that he might get his retiral benefits. His further prayer was a Mandamus upon the respondents directing them to hand over to the appellant his household belongings allegedly lying in the quarter belonging to him.

(2.) The case made out by the appellant was that he was an employee of the Eastern Coal Fields Limited, i.e., respondent no. 1. He retired in the year 2009. While in service, he was allotted a quarter by his employer from which, he says, he had shifted himself to a rented accommodation in Asansol where from the year 2006 he has been permanently residing. Then the appellant made a rather queer statement that he had come to learn that one Pradip Dutta forcibly entered into the quarter with the help of the local political party.

(3.) The appellant states that he had lodged complaints in March and April, 2010 to the respondents for vacating the quarter and for the return of the household articles lying in the said quarters. The appellant's present concern was that in spite of the fact that he had retired in May, 2009 he had not been paid his gratuity as he could not surrender the vacant possession of the quarter.