DIVISIONAL CONTROLLER Vs. GORDHANBHAI SHIVABHAI PATEL

JUDGEMENT

(1.) Admitted. Mr. Rathod appears and waives service of notice of admission on behalf of the respondent. In the facts and circumstances of the case, with the consent of the parties, the appeal is taken up today for final hearing.

(2.) The respondent was working as a Senior Assistant with the appellant-Corporation and he was ordered to be retired when he completed the age of 58 years. He claimed that he was entitled to continue till he completes the age of 60 years and before that he cannot be superannuated. The Corporation, on the other hand, granted extension of one year and asked him to produce a medical certificate issued by a Civil Surgeon. The respondent declined to do so and, therefore, he was superannauted/terminated from service when he completed 58 years of age. The respondent, therefore, raised a demand and it was referred to the Industrial Tribunal for adjudication. The Industrial Tribunal, after considering the rival side contentions and evidence before it, came to a conclusion that the respondent was entitled to be continued upto the age of 60 years and before that, he could not have been superannuated. It was also directed by the Tribunal that he should be deemed to be in service and be paid all wages with all consequential benefits. The Tribunal quantified the costs of the litigation at Rs.2000.00.

(3.) This order of the Tribunal was challenged before this Court in Special Civil Application N.7120 of 1997. The said Special Civil Application came to be rejected by order dated 6th October, 1998, by this Court, which order is in challenge before us in this Letters Patent Appeal.