Laxmi Narayan Sharma vs South Eastern Coalfields Ltd.

Arvind Singh Chandel, J

With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

The instant revision has been preferred against the order dated 22.5.2018 passed by the Special Jude under the Companies Act, 2013/Sessions

Judge, Bilaspur in Special Case (Companies Act) No.16 of 2018, whereby the Special Court has registered a complaint case moved by the

Respondent against the Applicant and has taken cognizance of an offence punishable under Section 452 of the Companies Act, 2013.

Learned Counsel appearing for the Applicant submits that the Applicant was working with the South Eastern Coalfields Limited (SECL) and on

30.11.2015, he retired from the post of Driver. During his service tenure, he was allotted company's Quarter No.1B/53 at Korba by the competent

authority. It is further submitted that the Respondent, without releasing his retiral dues and without affording him opportunity of hearing, moved the

complaint case against him for eviction of the said quarter. He is ready to vacate the said quarter if his dues are released by the Respondent.

Learned Counsel appearing for the Respondent submits that before filing of the complaint case by the Respondent, the Applicant had been afforded

sufficient opportunity of hearing. The complaint case was filed when the Applicant did not vacate the quarter even after issuing him several notices

for eviction. It is further submitted that in compliance with the order dated 4.4.2017 passed by the Controlling Authority under the Payment of Gratuity

Act, 1972 and the Regional Labour Commissioner (Central), Bilaspur, a gratuity amount of Rs.9,15,232/- has already been released in favour of the

Applicant and as directed by the said authority, the penal rent which is due against the Applicant is to be realised/recovered from him from his other

terminal dues.

At this stage, it is agreed between the parties and is ordered accordingly that within a period of four weeks from today the Respondent shall release

all legal dues of the Applicant and the Applicant shall also vacate the quarter of the Respondent within the same period.

Consequently, the revision is disposed of in the aforesaid terms.