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2002 DIGILAW 784 (KAR)

M. A. SHRIRAHATTI v. N. G. E. F. LIMITED

2002-12-17

body2002
KUMAR RAJARATNAM, J. ( 1 ) THE appellant being aggrieved by the order of the learned Single Judge dismissing Writ Petition No. 26896/2001 (S) dated 16. 4. 2001 has preferred this writ appeal. ( 2 ) THE appellant was an employee of N. G. E. F. Limited, Bangalore-respondent herein. The appellant joined the service in the year 1975 and was appointed as a Section Officer. The respondent allotted the company quarters in N. G. E. F. in the year 1990. The appellant was residing in the premises. The respondent issued notice dated 13. 1. 1996 to vacate the premises within one month. Eviction proceedings were initiated under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 against the appellant. The Competent Officer passed an order of eviction on 10. 9. 1997 directing the appellant to vacate the premises on or before 25. 10. 1997. The appellant preferred writ petition before this Court. This Court granted six months time to the appellant to vacate the premises. Aggrieved by this, the appellant preferred Writ Appeal. The Writ Appeal was dismissed, but the Division Bench granted time to the appellant to vacate the premises on or before 2. 3. 1999. The appellant filed a S. L. P. before the Honble Supreme Court. The Supreme Court passed an interim order of stay of dispossession. ( 3 ) PURSUANT to the interim order being vacated, the appellant vacated the premises on 19. 3. 1999. In fact, a communication was addressed to the appellant enumerating the factual position and ultimately the respondent directed the appellant to give vacant possession on 13. 3. 1999. The operative portion of the communication at Annexure-B reads as follows:under the circumstances stated above, Company is left with no option but to forcibly evict you from the said premises in accordance with the provisions of the Karnataka Public Premises (Eviction of unauthorised occupants) Act, 1974. However, purely on humanitarian grounds, you are given time upto 3. 00 p. m. on 13. 3. 1999 for vacating the said premises, failing which the company will forcibly evict you as aforesaid. As stated earlier, pursuant to the letter the appellant vacated premises on 19. 3. 1999. Two months thereafter, on 31. 5. 1999, the appellant superannuated from his service. At the time of superannuation, he was working as Divisional Manager (Finance and Accounts ). 3. 1999 for vacating the said premises, failing which the company will forcibly evict you as aforesaid. As stated earlier, pursuant to the letter the appellant vacated premises on 19. 3. 1999. Two months thereafter, on 31. 5. 1999, the appellant superannuated from his service. At the time of superannuation, he was working as Divisional Manager (Finance and Accounts ). After retirement, the appellant had submitted Form no. 1 Application for Gratuity claiming a gratuity amount of Rs. 1,55,641. 61 paise. To his surprise, the appellant received a letter dated 29. 6. 2000 from the respondent along with the final bill which reads as follows: