RAM KISHORE TIWARI AND ORS. Vs. CHAIRMAN-CUM-MANAGING DIRECTOR, HINDUSTAN STEELWORKS CONSTRUCTION LTD. AND THE MANAGING DIRECTOR, SAIL

JUDGEMENT

(1.) HEARD the parties at length for final disposal of all these writ petitions together. The parties agreed that these cases can be decided on the basis of the records of the first writ petition i.e. WPC No. 1619 of 2009.

(2.) IN these writ petitions, the petitioners have challenged the order dated 8.8.2007 passed by the Estate Officer, Bokaro in exercise of powers conferred under Public Premises (Eviction of Unauthorised Occupants) Act, 1971, (the Act for short) holding them to be in unauthorized occupation and directing them to or who may be in occupation, to vacate and handover the quarters/premises of the Company, and pay the damages as detailed in Schedule -II of the order, with effect from 1.1.2005 till the vacation of the quarters. Petitioners have also challenged the orders passed by learned District Judge, Bokaro affirming the said orders.

(3.) FURTHER case of the petitioners is that a writ petition was filed in Hon 'ble Chhatisgarh High Court by Janwadi Mazdoor Ekta Kendra v. Union of India and Ors. being W.P. No. 2 of 2001, claiming similar reliefs, which has been decided by order dated 28.4.2005 holding inter alia that the employees of the company are entitled to arrears of 5th Pay Commission from 1.1.1996 to 31.12.1997 and also D.A. at the increased rate till the date of voluntary retirement. The Company moved Hon 'ble Supreme Court against the said judgment and the matter is pending there. During pendency of the matter before the Supreme Court, Chhatisgarh High Court has passed interim orders in several cases for maintaining status quo with regard to possession of the quarters of the employees. Therefore, the petitioners should be allowed to occupy Companies ' Quarters on deduction/payment of normal rent till their aforesaid claims are paid fully.