1996 (12) TMI 298

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....tion and sentence passed against him under section 630 of the Companies Act, by the learned JMFC, Nadiad, came to be confirmed. To briefly narrate a few relevant facts on the case, the petitioner herein was serving in New Shorrock Mills, Nadiad, in the engineering department and was given company quarters as an employee. Now, as per the terms of the contract, the quarters were required to be vacated on termination of the services of the employee or on his resignation from the job, and accordingly, he was further required to hand over possession of the same to the company. In the instant case, since the accused left his services on February 25, 1989, his right qua the terms and conditions to be in possession of the company quarters in que....

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....ny premises; and (iv) it also cannot be disputed that such persons are liable to be prosecuted under section 630 of the Companies Act, and on the case being proved are liable to be convicted and sentenced. Under the circumstances, there cannot be any hesitation in holding that both the trial court and the Sessions Court have rightly recorded the order of conviction and sentence against the petitioner accused. Mr. Champaneri, learned advocate appearing for the petitioner, having failed to persuade the court on legal contentions has prayed for showing some leniency to the poor worker. Now, these are the cases wherein there is indeed no question or scope for the court to exercise any mercy jurisdiction. When the case of one greedy is pitted....

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.... parting, in overall interest of justice, all the learned Magistrates and Sessions Courts of the State, where cases under section 630 of the Act are pending, they are hereby directed to see to it that under some illegal and unjust cover and protection of the court, trial and/or appeal or revision, as the case may be, is not unnecessarily protracted to the ultimate prejudice and disadvantage of other company employee waiting for his turn for occupation of premises. In above view of the matter, it is indeed not possible for this court to accede to the request of Mr. Champaneri to take a technical and lenient view in the matter, and thereby to admit and allow this matter. Any way, since December is rushing to an end within three weeks and f....