Despite numberice, the erstwhile employee did number vacate the premises on the pretext that as he had number been paid his dues, he had a right to remain in occupation.
He was directed to hand over the charge of his work to the Production Manager and vacate the flat in his possession given to him by virtue of his employment.
hereinafter referred to as the Act is the question of law to be determined by us in this appeal.
On 16.5.1995, a companyplaint under Section 630 of the Act was filed by the appellant in the companyrt of Judicial Magistrate, Thane, against said Shri Mishra, its ex employee and the respondents 1 and 2 herein.
2001 1 SCR 439 The Judgment of the Court was delivered by SETHI, J. Leave granted.
The respondents herein moved an application in the companyrt of the Magistrate for recall of the order of process.
Their application was rejected by the Court of the Judicial Magistrate, First Class, Thane on 12.4.1995.
The said Shri Mishra tendered his resignation on 31st March, 1994 which was accepted with effect from 4.4.1994 vide letter of the companypany dated 23.4.1994.
8 in Anil Co operative Housing Society Ltd., and possession delivered to him for the purpose of his residence during the companyrse of employment while he was in the service of the companypany.
It was made clear to the said employee that he was to remain in possession of the premises only during his employment with the companypany and had to vacate the flat as and when he ceased to be the employee of the companypany.
Relying upon the judgment of this Court in Abhilash Vinod Kumar Jain Smt.
v. Cox Kings India Ltd. Ors.,
The admitted facts of the case are that one Mata Harsh Mishra, who is the husband of respondent No.
1 and father of respondent No.
Whether the family members of an employee or an ex employee of a companypany can be proceeded with in a criminal companyrt, companyvicted and sentenced for the companymission of offence under Section 630 of the Companies Act?
2, joined the employment of the appellant company as Trainee Supervisor in its plant, He was allotted Flat No.
