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2009 Supreme(Online)(KER) 1005

HIGH COURT OF KERALA
V.RAMKUMAR, J
M.J.CHACKO – Appellant
Versus
M/S.VYTHIRI PLANTATIONS – Respondent


Advocates:
MR. PHILIP MATHEW, MR. C.P.SUDHAKARA PRASAD, SENIOR ADVOCATE, MR. ELVIN PETER P.J., MR. P.N.SANTHOSH, MR. S.RAMESH, MR. S.D.ASOKAN

JUDGMENT

Heard both sides.

2. In this revision filed under Section 397 r/w Section

401 Cr.P.C., the revision petitioner who was the accused in S.T. Case No. 984 of 1992 on the file of the Chief Judicial Magistrate, Kalpetta, challenges the orders passed by the courts below finding him guilty of an offence punishable under Section 630 of the Companies Act, 1956.

3. The following facts are not in dispute:-

The revision petitioner was an Assistant Tea maker in a company by name Vythiri Tea Plantations Ltd. It is admittedly a company registered under the Companies Act, 1956. He was allotted a quarters at Vythiri in connection with his employment under the Company. On 23.09.1989, he was dismissed from service. On 29.09.1989, the complainant who was the Manager of the Company, sent a notice to the revision petitioner/accused to vacate the quarters. He replied to the Manager that he has challenged the order of dismissal and had raised an industrial dispute and until the culmination of the same, he was not liable to be evicted from the quarters. Since according to him, the Manager had resorted to coercive steps to evict him from the quarters, the accused filed O.S. No. 516 of 1989 before the M

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