MAHUVA NAGAR PALIKA Vs. RALIATBEN BHURA

JUDGEMENT

(1.) The petitioner by this petition is challenging the award of the Labour court, Rajkot made in Reference (LCR) No.671/79 decided on 31st December, 1983. A reference has been made relating to the demand of age of superannuation of the employees working in the petitioner Nagarpalika. The workman has claimed the age of superannuation to be of 60 years whereas the NagarPalika has come up with a case that the age of superannuation is 58 years.

(2.) The learned counsel for the petitioner contended that the age of superannuation for the employees of Nagarpalika is of 58 years and the Tribunal has wrongly held that the age of retirement is 60 years. However, the counsel for the petitioner does not dispute regarding the correctness of the age of the employees whose cases were there before the Labour court for consideration. The counsel for the petitioner placed reliance on Rule 21 of the Municipal Employees Service Rules. That rule reads as under:

(3.) In the result, this Special Civil Application succeeds and the award of the Labour court is quashed and set aside. Rule made absolute.