AMTS Vs. AHMEDABAD MUNCIPALITY NOKAR MANDAL

JUDGEMENT

(1.) Heard learned advocate Mr.M.G.Nagarkar on behalf of the A.M.T.S. and learned advocate Mr.M.B.Gandhi for respondent workman. .RS 2

(2.) In the present petition, the petitioner Transport Service has challenged the award passed by the Industrial Tribunal, Ahmedabad in Reference [IT] NO.74 / 1993 dated 9th September, 1993 whereby the Industrial Tribunal has directed the Transport Service to correct date of birth of the respondent workman in service book as 20th November, 1942 instead of 16th march, 1935 and also directed Transport Service not to retire the respondent workman till he reached age of superannuation on the basis of birth of date as 20th November, 1942. Affidavit-in-reply has been filed by the workman.

(3.) Initially, this Court has issued Rule and Notice as to interim relief making it returnable on 17th January, 1995 by order dated 19th December, 1995. Thereafter, the matter was adjourned on 27th January, 1995. On 27th January, 1995, this Court made order to continue the ad-interim relief granted earlier. But from the earlier order, it is not correct that any ad-interim relief was granted at earlier point of time. Thereafter, matter has been adjourned on many occasions from time to time for final hearing. Therefore, it is clear from the record that no ad-interim relief and stay against the award in question was granted in favour of the petitioner. This fact was also brought to the notice of the Transport Manager by letter dated 19th December, 1994 written by the learned advocate for the petitioner. Therefore, in pursuance of the award, the respondent workman remained in service upto the date of retirement on the basis of date of birth 20th November, 1942 and he retired on 30th November, 2000. The petitioner transport service has implemented the award in question and continued the respondent in service upto 30th November, 2000 on the basis of the date of birth 20th November, 1942.