LAWS(JHAR)-2009-4-85

ANIRUDH PRASAD Vs. HINDUSTAN STEEL WORKS CONSTRUCTION LTD

Decided On April 29, 2009
ANIRUDH PRASAD Appellant
V/S
Hindustan Steel Works Construction Ltd. with Respondents

JUDGEMENT

(1.) THE present writ petition has been preferred for the following relief: (a) For the issuance of an appropriate writ, orders, directions for quashing of the demand letter dated 07.05.2002 issued by the respondents whereby and whereunder the respondents have deducted huge amount towards Damage charges for retention of Company Quarter in addition to the market rent for the extra retention of the company quarter which is grossly illegal and arbitrary and against the various orders passed by this Hon'ble Court from time to time (as contained in Annexure -6) whereby respondents have thus refunded the damages charges for other VRS optees similarly situated and placed that of the petition.

(2.) THE learned counsel for the petitioner as well as respondents have referred to a judgment which is annexed at page 37 being M.J.C.No.191 of 2001 wherein the respondents had agreed not to charge any penal rent/market rate or demurrage from the petitioners on the ground that petitioners have already vacated the quarters as per the statement recorded and also in view of the fact that learned counsel for the petitioners Mr. Rajiv Ranjan submitted that they have already vacated the quarter in April 2002 itself.

(3.) HOWEVER , it goes without saying that if any amount becomes due or payable the same shall accordingly be adjusted and the excess amount after adjustment be refunded. Let the same be done within a period of three weeks and the admitted amount will be refunded accordingly.