SIRSAT LODGE Vs. MASHNU GAWADE

JUDGEMENT

(1.) This Writ Petition is preferred against the order dated 12.11.2013 in CLE/(REC-17)/2011 by Commissioner, Labour and Employment, Panaji ( "the Commissioner" for short) holding that respondent cannot be retired at the age of 60 years and is entitled to receive wages, including back wages as claimed by him.

(2.) The respondent was in the employment of the petitioner as helper. His services were terminated by the petitioner on 1.6.1989. The respondent raised an industrial dispute calling termination of his service as illegal. The dispute was referred to Industrial Tribunal. An award of reinstatement with 60% back wages was passed by the Industrial Tribunal on 1.10.1999. It was challenged by the petitioner in Writ Petition no. 246/2000. During the pendency of the said Writ Petition, the respondent filed an application under Section 17-B of the Industrial Disputes Act, 1947 ( "the ID, Act" for short). It was allowed by the High Court by an order passed on 20.9.2001.

(3.) Thereafter, Writ Petition no. 246/2000 was disposed of by the High Court on 5.5.2011. While disposing of Writ Petition, the award dated 1.10.1999 was modified by the High Court. It was declared that the respondent was entitled to 40% back wages instead of 60% as awarded by the Tribunal. The High Court, however, did not interfere with the other reliefs granted by the award of the Industrial Tribunal. The respondent, after disposal of the Writ Petition No. 246/2000, filed another application being MCA No. 325/2009, stating that the petitioner had stopped paying him wages from 20.3.2006 on the ground that the respondent had completed age of 60 years and was superannuated w.e.f. 21.1.2004 and thus claiming payment of wages w.e.f. 20.3.2006 at the rates stated therein. The application was disposed of by the High Court on the ground that it did not survive after disposal of the Writ Petition No. 246/2000.