GSRTC Vs. JINABHAI DHANJIBHAI BARAIYA

JUDGEMENT

(1.) BY way of present appeal, the appellants have inter alia challenged the legality and validity of the judgment and order dated 08th May 2000 passed by the District Judge, Rajkot, in Regular Civil Appeal No.89 of 1996 arising out of the judgment and order dated 31st January 1996 passed by the 2nd Joint Civil Judge (S.D.), Rajkot in Regular Civil Suit No.326 of 1995, whereby the Courts below have rejected the case of the appellants herein by allowing the suit and confirming the judgment and decree in the appeal.

(2.) THE facts of the case in brief are that the respondent is the employee of the appellants-Gujarat State Road Transport Corporation and the relevant point of time, he was serving as a Head Mechanic with the appellants. Prior to the same, the respondent joined his service with the Saurashtra Road Transport Corporation. THE age of retirement was fixed at the age of 60 years. THEreafter, the Gujarat State came into existence on 01st May 1960 and the said Saurashtra Road Transport Corporation was merged with the appellant No.2. THE appellant No.2 includes the Saurashtra area of the Corporation and its existing permanent workers, who are allowed to retire at the age of 60 years, in case they are permanent employees.

(3.) WHEN present appeal came up for admission hearing on 20th November 2011, this Court (Coram : A.R. Dave, J) has raised the following substantial questions of law while admitting the matter :