V.K.GUPTA, C.J. - (1.) THIS appeal under Clause 10 of the Letters Patent is directed against a judgment and order dated 05.03.98 passed by learned Single Judge of this Court in C.W.J.C. No. 3834 of 1995R whereby the learned Single Judge directed the appellant to pay current wages under Section 17B of the industrial Disputes Act, 1947, to respondent No. 2 without realizing penal rent from him with respect to the occupation of the quarter by him.
(2.) RESPONDENT No. 2 was an employee of the appellant at one time. He was served a charge -sheet and on the basis of a domestic enquiry, an order was passed on 19th June, 1992, discharging him from service. This order being challenged before the Labour Court, Dhanbad, having been set aside by the Labour Court, Writ Petition being C.W.J.C. No. 3834 of 1995R was filed by the appellant in this Court challenging the aforesaid award of the Labour Court. By judgment pronounced today by us, that Writ Petition has been allowed and the award of the Labour Court set aside, consequentially the discharge order dated 19th June, 1992 having been upheld and affirmed. If during his service, respondent No. 2 was occupying the quarter allotted to him, after termination of service, he naturally became an unauthorized occupant. If he continued occupying the quarter despite his service having been terminated, his occupation was also unauthorized. He was, therefore, liable to pay penal rent for the period of such unauthorized occupation. Actually, in C.W.J.C. 705/90R, the Division Bench passed an order on 26th August, 1994, whereby, after making certain observations with respect to the restoration of a statutory Appeal pending before the appellate Authority arising out of the proceedings relating to the eviction of the respondent No. 2, made clear and categorical observation that the appellant would be at liberty to realize penal rent from respondent No. 2 in accordance with law with respect to the occupation of the premises in question.
(3.) LOOKING at from any angle, therefore, the order dated 05.03.1998 passed by the learned Single Judge cannot be justified. This order is, accordingly; set aside with all consequences. The appeal is allowed. No order as to costs. Tapen Sen, J.;