Shri Devdasan Devamoni v. Jam Manufacturing Mills (UC)

Order 26-A applicable employees covered BIR Act. The learned counsel submit superannuating petitioner on his attaining the age of 60 years relying upon clause 26-A of Model Standing Orders is bad in law.

The communication dated 14th December 1992 reads thus: "JAM MANUFACTURING MILLS (U.C.) T.C.(S.M.) LTD.(A.C.) Lalbaug, Parel, Bombay-400012. Ref. No.JM/Record/92/2027 Date: 14-12-92 Shri Devdasan Devamani, Super Department Weaving. Senior Assistant, Dear Sir, Sub: Order of Retirement from service. As . reaching the age of superannuation (60 years) on 15-1-1993. . record, You compulsorily . 16-1-1993, provided Orders applicable to employees other than Operatives. attaining hereby retired Clause informed 26(A) service 60 Model w.e.f. Standing . The working Friday 3 15th January 1993 which would be treated as the final closing date. . We wish you a happy and peaceful retired life. . Thanking you, For Jam Manufacturing Mills (U.C.) Yours faithfully, Sd/- General Manager. "

That petitioner retire attaining 60 clearly reflected representation

01.10.1992 respondent. The representation

01.10.1992 petitioner before the impugned communication dated 14.12.1992 was received by him. In his representation he stated thus- undersigned, I, organisation " esteemed having I plead with you sir, to extend my service further for 3 years. " completed retire 60 31st working 14 January, ..... age.

It respondents 1 2 Model Standing Orders framed employees 1993, Operatives clerks uniformally accepted forming conditions service Technical supervisory and, accordingly, retirement Technical supervisory 60 petitioner condition retirement. Though respondents 1 2 affidavit controverted petitioner affidavit 4 rejoinder, already indicated petitioner retirement Technical supervisory 60 reason representation

01.10.1992 respondent intimated attaining 60 retire time.

31.01.1992 prayed extension In circumstances, justifiable reason disbelieve respondents 1 2 affidavit Model Standing Orders framed employees Operatives clerks accepted forming of the conditions of the service of Technical and supervisory staff. In sur-rejoinder respondents 1 stated retirement Technical supervisory officers employed constituent National Textile Corporation (South Maharashtra) Limited covered provisions BIR Act/Standing Orders/Agreements 58 retirement employees covered provisions Act/Standing Orders/Agreements 60 years. regard reference resolution 4th September

1976. If accept argument learned counsel petitioner petitioner though belonged Technical supervisory

2 etc. BIR In 5 employee within meaning BIR Act, petitioner retired attaining 58 years. As a matter petitioner covered provisions BIR Act, benefit Model Standing Orders applicable employees Operatives and clerks and returned on his attaining the age of 60 years.

For above, hesitation observing present petition wholly frivolous, misconceived and devoid of any substance and merit.

Before close, judgment Supreme Court Delhi Cloth General Mills Ltd. v. Shambhu Nath Mukherjee, 1984 1984 1984 LABOUR LABOUR LABOUR INDUSTRIAL INDUSTRIAL INDUSTRIAL CASES CASES CASES 1743 1743 1743 relied learned counsel petitioner. In paragraph 10 report, Supreme Court observed having regard circumstances necessary decide contention whether retirement applicable deceased workman. The Supreme further observed finding Labour Court Court confined obtaining a precedent deceased workman concerned retired superannuated 58 years. In 6 Supreme Court observed paragraph 10, judgment confined its own case. Even otherwise we find no relevance of this judgment to the facts of the present case.

Writ petition dismissed. We ordinarily imposed petitioner filing such frivolous writ petition, but since he retired long back, we order the parties to bear their own costs. (R.M. LODHA,J.) LODHA,J.) (R.M. (R.M. LODHA,J.) (J.P. DEVADHAR,J.) DEVADHAR,J.) (J.P.

(J.P. DEVADHAR,J.)