JANTA GRAMUDYOG SAMITI DELHI Vs. VIDYADHAR MISHRA

JUDGEMENT

(1.) The petitioner, namely Janta Gramudyog Samiti, Nangloi, Delhi, is aggrieved by the order of the Presiding Officer, Labour Court No. 5, Karkardooma, Delhi, dated February 1, 2002 passed in I.D. No. 605/1994. The reference made to the Labour Court was to the following effect:

(2.) The Labour Court has held that the respondent, namely, Shri Vidyadhar Mishra, was wrongly retired by the petitioner at the age of 56 years and that he was entitled to continue in service till he attained the age of 58 years. Accordingly, the petitioner was directed to pay to the respondent full back wages with all consequential benefits which he would have received had he remained in service of the management from the date of his alleged retirement at the age of 56 years i.e. July 15, 1993 till he would have attained the age of 58 years i.e. July 14, 1995.

(3.) The case of the petitioner is that the respondent who was working as a Manager in its organization was bound by the rules and regulations which were framed on May 18, 1993 by the Administrator who was appointed by the Khadi Village and Industries Commissioner in the year 1988 as the petitioner's organization was not doing well financially. It appears that prior to May 18, 1993, there was no prescribed age for the retirement of the employees working with the petitioner and as a matter of practice, they used to continue to serve the organization till the age of 60 years. However, Rule 11 of the said Order which came to govern the employees of the petitioner lays down different age of retirement for different categories of employees. The said Rule reads as under: