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Subhash Chandra Vs. Gulab Bai [24/02/16]

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[Civil Appeal No. 1696 of 2016 arising out of Special Leave Petition (C) No.23066 of 2013]. The short question that falls for determination in these appeals is whether a retired Municipal Corporation employee can also maintain an application for eviction under Chapter III-A of the Madhya Pradesh Accommodation Control Act, 1961 and, in particular, whether any such 'retired employee' is an employee of a 'company owned or controlled by the State Government' within the meaning of Section 23-J(ii) of the Act aforementioned. A Full Bench of the High Court of Madhya Pradesh at Indore has by a 2:1 decision answered the said question in the negative and declared that 'retired employees' of Municipal Corporation will not be covered under Section 23-J (ii) of the Act to maintain an application for eviction under Chapter III-A thereof. We have heard Mr. Seshtalpa Sai Bandaru, learned counsel for the appellant and Mr. S.K. Dube, learned senior counsel appearing as Amicus on behalf of the respondents.

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