Wrongful withholding of company property may proceed despite pending industrial conciliation when service has ended.

Pendency of conciliation proceedings under the Industrial Disputes Act does not bar a court from entertaining proceedings under section 630(2) of the Companies Act for wrongful withholding of a company quarter after termination of employment. Section 33 of the Industrial Disputes Act restricts alteration of service conditions during specified industrial dispute proceedings, but continued occupation of accommodation allotted through service after dismissal is a consequence of cessation of employment, not an alteration of service conditions. Section 630 provides a penal remedy and authorises delivery up of company property, so later conciliation does not suspend or oust the court's jurisdiction.

---

---

Issues: Whether pendency of conciliation proceedings under the Industrial Disputes Act barred the court from entertaining proceedings under section 630(2) of the Companies Act for recovery of the company quarter.

Analysis: Section 33 of the Industrial Disputes Act prohibits alteration of service conditions during the pendency of specified industrial dispute proceedings, but the present controversy concerned the employee's continued possession of accommodation allotted by virtue of service after dismissal. The liability to vacate the quarter arose from cessation of employment and did not amount to an alteration of service conditions within the scope of section 33. Section 630 of the Companies Act creates a penal remedy for wrongful withholding of company property and empowers the court to order delivery up of such property. The pendency of conciliation proceedings, particularly when initiated after the section 630 proceedings had already commenced, does not suspend or oust the court's jurisdiction to proceed with the complaint.

Conclusion: The court held that the proceedings under section 630(2) were maintainable and were not barred by pendency of conciliation proceedings under section 33 of the Industrial Disputes Act.

Ratio Decidendi: Pendency of industrial conciliation proceedings does not suspend the jurisdiction of the criminal court to entertain and decide proceedings for wrongful withholding of company property under section 630 of the Companies Act when the employee's right to retain the property has ceased on termination of employment.

---