MINERVA MILLS LTD Vs. LABOUR COURT BANGALORE

JUDGEMENT

(1.) The petitioner before us is the Minerva Mills, Ltd. We are asked to restrain the labour court, which is respondent 1 before us, by a writ of prohibition from proceeding to make an adjudication under S. 33C(2) of the Industrial Disputes Act on the three applications presented to it by three workmen of the mills who are respondents 2 to 4.

(2.) It is undisputed that there was a consent award between the mill and the workmen which contains a provision that a workman could be retired on his attaining the age of sixty years. Respondents 2 to 4 alleged that they were retired even before they attained the age of sixty years while the mills asserted that that age had been reached and that the retirement was ordered on the workmen reaching the age of superannuation.

(3.) In that situation, the jurisdiction of the labour court to proceed to make an adjudication under S. 33C(2) was called in question by the mills. The labour court pronounced against the mills on that matter, and the mills contend in this writ petition that that view taken by the labour court cannot be supported.