RAMESH SHARMA Vs. MISS SHOVANA CHATTERJEE

JUDGEMENT

(1.) By the consent of the learned Counsel of both the party, these two revisional petitions being C. O. No. 2646 of 1997 and C. O. No. 2472 of 1997 are taken up together for hearing and disposal on merits.

(2.) In both the revisions, the petitioner is one and the same person, being Ramesh Sharma, who claims to be an employee in the kitchen as a cook of La Martiniere School for Girls', 14, Rawdon Street, Police Station : Park Street, Calcutta and he is an occupation of the quartets within the school campus. On certain allegations against the petitioner the school authority I.e. the Principal, La Martiniere School (O. P.) held an inquiry and took a decision of certain penal actions against the petitioner, which was communicated to him by a letter dated April 29, 1991. By this letter, the petitioner was asked to vacate the quarters within the School eampus by 31st may, 1991. it is alleged that there was also threatening of termination of his employment in the School. The petitioner, thereupon, filed a suit being Title Suit No. 802 of 1991 of the City Civil Court at Calcutta pending before the 5th Bench of the said Court. By an order dated 28.5.91, the learned Trial Court passed an interim order of injunction restraining the School Authority from giving effect to the aforesaid letter. The School Authority, however, preferred an appeal before this Court and, thereupon, by an order dated 27.11.91 a Division Bench of this Court allowed the appeal in F.M.A.T. No. 1835 of 1991 and, accordingly, the order of ad interim injunction passed by the Trial Court was set aside. The petitioner, however, went to the Supreme Court but a special leave petition being SLP No. 13241 of 1993 was dismissed by an order dated 17.9.1993.

(3.) The allegation against the petitioner for which an inquiry was kid by the School Authority may not be necessary to be referred to in this order because, in either of the two revisional petitions, this Court is not required to go into the merits of those allegations. What was, of course, necessary to point out is that the controversy between the parties led to institution of yet another suit and this was at the instance of the School Authority i.e. the O. P. filed against the petitioner seeking ejectment of the petitioner from the quarters in the campus of the school on the ground of revocation of the licence, said to have been granted by the School Authority to the petitioner for occupation of the quarter. This suit was numbered as S.C.C. Suit No. 436 of 1991 in the Court of Small Causes Court at Calcutta. The petitioner took a stand in this ejectment suit that he was in occupation of the quarters not as a licensee rather it was on the strength of his employment in the School.