TEXTILE LABOUR ASSOCIATION Vs. AHMEDABAD JUPITER TEXTILE MILLS

JUDGEMENT

(1.) With the consent of the learned counsel appearing for both the sides, the Special Civil Application, which is against the interim order is segregated from Special Civil Application No. 5088 of 2001, which as per Mr. Shukla, is against the final decision of the Industrial Court.

(2.) The main Special Civil Application is preferred by the petitioner for challenging the legality and validity of the interim order passed by the Labour Court in BIR Application No. 305 of 2000 and of the Industrial Court in Revision Application No. 4 of 2001. It was prayed by the petitioner herein before the Labour Court in the Application No. 305 of 2000 by interim application that the petitioner be allowed to be continued in service upto the age of 62 years. The Labour Court has ultimately not granted the said application as per order dated 24.01.2001 and the petitioner carried the matter in Revision before the Industrial Court, and as per the order dated 19.4.2001, the Industrial Court has vacated the stay and has directed the Labour Court to decide BIR Application No. 305 of 2000 within a period of 3 months. The petitioner, under this circumstances, has approached this Court. It may be stated that thereafter, since there was no stay, on 24.7.2001, the petitioner has been relieved from service.

(3.) Pending the main Special Civil Application, the petitioner has moved Civil Application to direct the respondent to pay all legal dues of Abdul Rahim Abdul Karim, who has attained the age of 60 years as on 24.12.2000, without prejudice the contentions in the main Special Civil Application.