MASCARENHAS Vs. UBBAN ESTATE

JUDGEMENT

(1.) In this writ petition under Art. 227 of the Constitution, the petitioner contends that the order of respondent 2 in Application No. 74 of 1962 on its file suffers from errors of law apparent on the face of the records and, therefore, we should quash the same.

(2.) Application No. 74 of 1962 was an application under S. 33C(2) of the Industrial Disputes Act, 1947, to be hereinafter referred to as the Act. The petitioner was an employee under respondent 1. There is dispute between the parties as to his length of service under respondent 1. According to him, he served respondent 1 for a period of 23 years, whereas, according to respondent 1, he was his employee only for a period of about 15 years. This controversy is not very material for the decision of this case.

(3.) On 24 March, 1958, an agreement was entered into between the Planters' Association and the Estates Staffs' Union of South India. As per that agreement, the age of superannuation of an employee was fixed at 55 years. But in exceptional circumstances, the management "may extend the said age by a single period of two years to 57." The term "retirement" was defined in the agreement as follows : "Retirement means retirement on reaching the age of superannuation or on discharge from service on medical grounds or resignation after five years of continuous service."