UNJHA AYURVEDIC PHARMACY Vs. HARJIBHAI SARTANBHAI RABARI

JUDGEMENT

(1.) BY way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has inter alia prayed to quash and set aside the judgment and award dated August 17, 2005 passed by the Labour Court, Kalol in Reference (LCK) No.517 of 1996, whereby the Labour Court partly allowed the Reference and directed the petitioner to reinstate the respondent-workman with continuity of service and with full back wages.

(2.) THE facts in brief are that the respondent-workman raised an industrial dispute on the ground that the petitioner had terminated his services in complete breach of the provisions of the Industrial Disputes Act, 1947. The dispute was numbered as Reference (LCK) No.517 of 1996 and it was decided by way of the impugned judgment and award. Being aggrieved by the same, the present petition has been preferred.

(3.) IT is required to be noted that during the course of pendency of proceedings, the respondent has attained the age of superannuation. Hence, there is no question of granting any reinstatement to the respondent. Further, the Labour Court has granted continuity of service. In that view of the matter, since the respondent has already attained the age of superannuation, he will be entitled to all the admissible retiral dues and he is required to be paid the same by treating him continued in service till the date on which he attained the age of superannuation.