Ashim Kumar Banerjee, J. - (1.) WIMCO Ltd. owned a large chunk of land where quarters were constructed to house its employees. The appellant was an Ex -Employee of WIMCO Ltd. He was allotted a quarter on the land in question, having survey No. 316. There had been litigation between the employees and the WIMCO on their dues. Many workers declined to vacate their quarters on the plea of non -payment of wages.
(2.) WIMCO had office and factory at Port Blair for manufacturing of match splints. The lands at Lillypur, Haddo were allotted by the Government in 1958. The appellant was a mazdoor in the Port Blair factory with effect from January 19, 1953, and was transferred to other cadre with effect from January 01, 1966 and on May 30, 1979, he was promoted to the post of Supervisor Grade -II and finally the Head Clerk on and from January 01, 1986. Being the employee of the company, he was allotted a residential quarter till March, 1970. From April, 1970, he was permitted to occupy a portion of the company's duly allotted land at Lillypur at a nominal rent of Rs. 1/ - per month. So, the authority deducted the same from his monthly wages. WIMCO's wage clerk mistakenly did not effect such deduction for the period from September, 1972 to July, 1981. It again started from September, 1981 that would reflect from the wage book. In 1970, the appellant constructed a small hutment on the company's land and started residing with his family. Gradually, he constructed a double storied house. On September 21, 1981, he addressed a letter to WIMCO expressing his desire to dispose of the house and vacate the company's land under his occupation. He requested the WIMCO to purchase his house and offered a price of Rs. 1.50 lakhs so that he could construct a new house elsewhere. WIMCO did not accept the offer. However, in order to tide over the occupation problem, the company took the ground floor on rental basis to house its employees at a monthly rate of Rs. 300/ -. The parties entered into a tenancy agreement on May 22, 1982. On February 24, 1986, appellant again renewed his proposal for outright sale of super -structure at a price of Rs. 3.00 lakhs. The land under his occupation was 350 Sq.mtrs of constructed area and garden area of 1623 Sq.mtrs having a total of 1973 sq.mtrs comprising in survey no. 316/P4, that continued to remain with him since cessation of his employment. WIMCO closed their Port Blair factory. Earlier the Union submitted a charter of demand on March 29, 1985 for revision of the grade, wages, scale etc. that was pending before the Industrial Tribunal.
(3.) THE Industrial Tribunal published its Award by notification dated June 21, 1991 against WIMCO. WIMCO filed a writ application before this Court, being C.O. No. 10282(W) of 1991. WIMCO, subsequently, entered into a compromise with the workmen and filed a compromise before the writ court. The terms of settlement entered into between the WIMCO and the workmen union on July 03, 1992 would, inter alia, record, the Union and the workmen agreed to confirm that after receipt of the full and final settlement of their accounts from the company, they would not raise any dispute in any Forum either collectively or individually. The terms of settlement also recorded, the employees, who were occupying company quarters, would be paid their dues as per the settlement only after giving vacant possession of the quarters. It is an admitted position, the appellant received the money and declined to vacate the quarter. The appellant's name appeared in the signatories to the said terms of settlement, as I find from the evidence.;