9911796707
TMI Blog1997 (4) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... int before the Additional Chief Metropolitan Magistrate, E.O.I., Egmore, Madras-8, under section 630 of the Companies Act, 1956, on the allegation that the accused/respondent was found in possession of 940.20 grams of metal without proper authority and disciplinary proceedings were initiated and on March 10, 1984, under section 15(2) of the Standing Orders of the company, charge-sheet was given to him. The accused/respondent gave his explanation on March 23, 1984, and the enquiry officer submitted a report that the charge against the accused had been proved. Thereafter, the accused/respondent was dismissed from the services of the company. The company submitted an application to the Industrial Tribunal to approve the order of dismissal. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... person to file the complaint on behalf of the company and the complaint as filed was bad as per the bye-laws of the said company. On the above contentions, the learned Additional Chief Metropolitan Magistrate, E.O.I., Egmore, Chennai, framed the following points for determination: 1.Whether the complaint filed was maintainable? 2.Whether the accused/respondent is in unlawful possession of the official quarters and is liable to be punished under section 630 of the Companies Act? The senior personnel officer, S.S. Venkataraman, was examined as a sole witness on the side of the company and 13 exhibits were marked. No witness was examined on the side of the respondent or any documents are exhibited. On an appreciation of the evidence pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel for the appellant had been placed before this court for perusal. The genuineness of the said copy has not been disputed by counsel for the respondent/accused. It was argued by learned counsel for the appellant/complainant that the respondent/accused cannot take shelter on the refusal of the Industrial Tribunal to approve the order of dismissal passed by the enquiry officer and at present the fact remains that the respondent/ accused had been dismissed from the service of the company and he is no more the employee of the company and he shall be directed to vacate the official quarters without any loss of time. So far as the maintainability of the complaint is concerned, it was urged by learned counsel for the appellant that the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e complaint that Mr. Atul Mathur was filing the complaint on behalf of the company and he was duly authorised to do so. The High Court was, therefore, not right in construing the power of attorney as conferring only special powers and no general powers on Mr. Atul Mathur. Be that as it may, the High Court has held, and very rightly, that as Mr. Atul Mathur was the divisional sales manager of the company at Bombay, he was certainly competent to file the complaint on behalf of the company as per instructions given to him from the head office of the company. We do not, therefore, find any substance in the contention of the first respondent that the complaint suffered from a material irregularity not curable under section 465 of the Criminal Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers. We are satisfied that the senior personnel officer had ample authority to present and sign the complaint and the subsequent letter given by the company has ratified the action of the senior personnel officer to present the complaint and also sign it. Even assuming there was some defect in the senior personnel officer presenting and signing the complaint, the same is curable under section 467 of the Criminal Procedure Code, 1973, and no prejudice had been caused to the respondent by the senior personnel officer filing the complaint and signing it. As already pointed out, W.P. No. 11715 of 1985, filed by the company against the refusal of the Industrial Tribunal to approve the order of dismissal of the enquiry officer has been allowed an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
