- (1.) Heard learned counsel for the petitioner and learned counsel for the State, as also learned counsel for the complainant opposite party No. 2.
(2.) The petitioner is aggrieved by the Judgment dated 20 th November 2003 passed by the learned Special Judge, Economic Offences, Jamshedpur, in Case No. C1-540 of 2000 / T.R. No. 208 of 2001, whereby, the petitioner was found guilty for the offence under Section 630 of the Companies Act and was convicted for the same. Upon hearing on the point of sentence, the petitioner was sentenced to pay a fine of Rs. 500/- and in default of making the payment of fine, he was to undergo simple imprisonment for one month. The petitioner was further directed to vacate the quarter in question and hand over the vacant possession of the same to the complainant Company within a period of two months from the date of Judgment, failing which, the petitioner was to undergo imprisonment for a term of one year. The appeal preferred against the said Judgment was also dismissed by learned Addl. Sessions Judge, Fast Track Court-II, Jamshedpur, by Judgment dated 22.4.2006 passed in Criminal Appeal No. 83 of 2003.
(3.) The facts of this case lie in a narrow compass. The petitioner was an employee of M/s T.R.F. Ltd., Jamshdpur, (herein after referred to as the 'Company'), and due to his employment in the said Company, he was allotted a residential quarter bearing No. T-2/23, Ashok Road, T.R.F. Housing Colony, (T.R.F. Nagar), Telco, Town, Jamshedpur belonging to the Company. It appears that there was some dispute between the employee and the Management and a reference of the Industrial Dispute was made to the Industrial Tribunal, Ranchi, and the same was pending as Reference Case No. 5 of 2000. During the pendency of the reference case before the Industrial Tribunal, the petitioner was discharged from service by the Management with effect from 1 st March 2000, and the Management moved for approval of its action before the Industrial Tribunal under Proviso of Section 33 (2) (b) of the Industrial Disputes Act, which was registered as Misc. Case No. 2 of 2000. The order dated 25.2.2004 passed by the Industrial Tribunal, Ranchi, in Misc. Case No. 2 of 2000 has been brought on record as Annexure-1 to the supplementary affidavit filed on behalf of the petitioner, to show that the action of the Management was found to be 'not fair, proper and valid'. However, it appears from this order that no order for reinstatement of the petitioner was passed by the Industrial Tribunal, and it further appears that the said Misc. Case No. 2 of 2000 was subsequently withdrawn by the Management vide order dated 22.10.2008 passed in the said Misc. Case No. 2 of 2000. It is the case of the petitioner that since the action of the Management of the Company, discharging the petitioner from service was not approved by the Industrial Tribunal under the Proviso to Section 33(2)(b) of the Industrial Disputes Act, the petitioner shall be deemed to be in service and he shall be deemed to be entitled to the quarter in question.;