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TMI Blog2006 (1) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Magistrate by which plea of the petitioner that the complaint petition filed by the complainant/respondent is not maintainable, has been rejected. 2. The complainant/respondent herein filed a complaint on 29-11-2004 before the learned Chief Judicial Magistrate, Tinsukia and the same was registered as CR Case No. 930( c )/2004 under section 630 of the Companies Act, 1956. In the complaint, it was stated inter alia that the petitioner having not vacated the company quarter allotted to him during his tenure of service is liable to be prosecuted under section 630 of the Companies Act, 1956 and for restoration of the property. 3. The complaint petition having been entertained by the learned Magistrate, summons were issued to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resigns, or goes on leave, or when his services are terminated, he or his family may retain the house up to the period as detailed below: ( i )in the case of death, transfer, termination of service, retirement or resignation a period not exceeding two months; ( ii )in the case of leave, for the period of leave; and ( iii )in the case where the discharge of a worker is disputed and the matter has been taken to an Industrial Tribunal or Court, for so long as the case is not finally disposed of. (2) If a worker fails to vacate the house on the expiry of the period mentioned above and continues to occupy the same when no member of his family is working he shall be liable to pay to the employer such rent at a rate not exceeding 10 per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner fairly abandoned the plea of the proceeding being not maintain-able on account of non-examination of the complainant under section 200 Cr. P.C. However, Mr. Chakraborty, learned counsel for the petitioner strenuously argued that in view of the provisions of Rule 66 of the Rules, the petitioner is entitled to continue to occupy the quarter till final disposal of the Reference Case No. 12/2004. According to him, the Assam Planta- tion Labour Rules, 1956 being a beneficial legislation, the provisions thereof are required to be given liberal construction. He pressed into service the decisions of the Apex Court in S.K. Sarma v. Mahesh Kumar Verma [2002] 7 SCC 505/AIR 2002 SC 3294, Rohtas v. State of Haryana [1979] 4 SCC 229/AIR 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce Case No. 12/2004 stated to be pending before the learned Labour Court, Dibrugarh comes to an end. It will be appropriate at this stage to refer to the references made to the Labour Court. The references are as follows : 1.Whether the refusal of the Management of Tengapani T.E. to extend the service of Sri N.N. Gogoi, Store Clerk is justified? 2.If not, what relief is he entitled to? 10. On perusal of the above reference, it will be seen that the reference is not in respect of discharge of the petitioner from service, but is in respect of extension of his service. As per the own admission of the petitioner his service came to an end on attaining the age of superannuation. However, it is his grievance that unlike others, his servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h may extend to two years. It is under the provisions of section 630 of the Companies Act, the complainant/respondent has filed the complaint before the learned Magistrate and the learned Magistrate on the basis of the materials on record including the initial deposition of the appointed attorney of the company issued summons to the petitioner taking cognizance of the matter. I do not find any infirmity with the same. 12. In the case of S.K. Sarma ( supra ), the Apex Court dealing with the object of section 138 of the Railways Act observed that the word "discharge" used in the context is of the widest amplitude and would include cessation of relationship of employer and employee, may be retirement, resignation, dismissal or removal. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her a case of dismissal from service nor it is a case of discharge from service. 14. In the case referred to by Mr. Baruah, learned counsel for the complainant/respondent, namely Atul Mathur ( supra ), Apex Court observed that the purpose of enacting section 630 of the Companies Act, 1956, is to provide speedy relief to a company when its property is wrongfully obtained or wrongfully withheld by an employee or an ex-employee. It has already been observed above that the provisions of section 630 of the Companies Act are prima facie attracted in the instant case and accordingly, there was nothing wrong on the part of the complainant/respondent to invoke the jurisdiction of the Court below under the provisions of section 630 of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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