V.N. Mehrotra, J. - (1.) This revision has been filed against the judgment dated August 23, 1994 by Shri O.P. Garg, District Judge, Allahabad dismissing the appeal filed by the present applicant against the judgment dated June 4, 1994 passed by Shri R.A. Kaushik, Special Chief Judicial Magistrate, Allahabad in complaint case No. 751 of 1991.
(2.) The brief facts of the case are that Renus-gar Power Company Limited filed a complaint against the accused R.Antony under Section 630 of the Companies Act, 1956 alleging that on the basis of the appointment letter dated March 12, 1970 the accused started working as an employee of the Company since March 19, 1970. It was further alleged that quarter No. I-13/6 which was owned by the company was allotted to the accused by order dated June 15, 1983 and declaration dated August 20, 1983. The qureter was allotted to the accused in accordance with the terms and conditions of his service. The services of the accused were terminated by an order dated December 15, 1990. He was served several notices requiring him to vacate the quarter and the last notice was given on December 24, 1990 but he has not vacated the same. Hence the complaint.
(3.) The accused in his statement before the trial court said that the order dismissing him from service was illegal and against that order proceedings are pending before the Industrial Court. The accused admitted that the quarter belong to the company and was allotted to him. In his statement under Section 313 Cr.P.C. the accused further stated that the quarter was owned by the company but was constructed after taking loan. The complainant examined witnesses and produced documents in support of its case. While the complaint was still pending Renusa-gar Power Company Limited was amalgamated with Hindalco Industries Limited by order of this Court passed on March 31, 1992. That order provided that the successor company could continue the legal proceedings initiated by the predecessor company. The learned Special Chief Judicial Magistrate, Allahabad convicted the accused under Section 630 (1)(b) of the Companies Act, 1956 and directed the accused to hand over the possession of the quarter to the complainant by July 19, 1994. The learned Magistrate also directed the accused to pay compensation at the rate of Rs. 500 per month from January 1, 1991 to the date of vacation of the quarter. It was also provided that in the case the quarter was not vacated within the time allowed the accused will undergo rigorous imprisonment for a period of one year.;