NURMOHMAD ABUMIYA SHAIKH Vs. GUJARAT MITRA PVT. LTD

JUDGEMENT

(1.) Heard learned advocates for the respective parties. Perused the record.

(2.) Gujarat Mitra Private Limited - employer as well as the workmen concerned have filed cross petitions challenging the award of the Presiding Officer of Labour Court, Surat, by which, the Labour Court held and accepted the stand of the workmen that retiring them at the age of 58 rather than the age of 60 was bad. However, since pending the Reference, the workmen attained the age of 60, it awarded lump-sum compensation of Rs.50,000.00. The employer has challenged the awards of the labour Court in the respective petitions on the ground that the award even the amount of lump-sum compensation of Rs.50,000.00 was bad as there was evidence on record to suggest that the age of retirement of the workmen was in fact 60 and not 58. The workmen on being aggrieved by the awards granting only compensation of Rs.50,000.00 rather than giving them the benefits of the two years of service that they could have rendered and benefits accordingly are also assailing these awards.

(3.) The facts in brief would indicate that Gujarat Mitra Private Limited is a Company engaged in publishing the newspaper in the names of 'Gujarat Mitra' and 'Gujarat Darpan'. It engages Journalists and non-working Journalists. Employees working with the non-working Journalists sec. , like the respondents herein were issued a notice on 31/5/2015 intimating them that they were due to retire on and from 1/7/2015 owing to they attaining the age of 58 years. Retirement benefits were also paid in terms of the notice. Aggrieved by these notices, the workmen approached the Labour Court challenging these notices and the act of the employer in relinquishing their services w.e.f. 1/7/2015.