INDO COUNT INDUSTRIES LTD. Vs. SHANKAR MAHADEV TAKMARE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for parties, the Petitions are taken up for hearing and final disposal.

(2.) The Petitioner-employer has filed these Petitions challenging the judgments and orders dtd. 20/2/2025 passed by the learned Member, Industrial Court No.1, Kolhapur, dismissing its Revision Applications and confirming the orders dtd. 3/4/2024 and 19/6/2024 passed by the Labour Court, Kolhapur. By orders dtd. 19/6/2024, the Labour Court has allowed Applications at Exhibit U-2 filed by the Respondent-employees and has temporarily restrained the Petitioner-employer from superannuating the Respondents until they attain the age of 60 years. The Petition is thus filed challenging the interim orders passed by the Labour Court, as confirmed by the Industrial Court.

(3.) Briefly stated, facts of the case are that Petitioner-employer is engaged in manufacturing of cotton yarn (Spinning Mill) in its factory at Kolhapur. There are about 805 employees employed in the said factory. Shahu Soot Kapad Kamgar Sangh has been registered as representative and approved Union for Karveer Taluka. Respondent- Shankar Mahadeo Takmare was appointed with the Petitioner- employer on 1/1/1994 as Helper and later on promoted as Assistant Fitter. Respondent-Sanjay Pandurang Ghorpade joined the employment on 25/8/1991 as a Reliever. According to the Petitioner-employer, the age of retirement of employees employed in the Spinning Mill is 58 years. According to the Petitioner, an agreement was executed on 15/4/2006 between the Petitioner- Management and the employees under which the age of retirement was agreed as 58 years. That Respondent-employees accepted all the benefits under the agreement and were fully aware that they were due to retire on attaining the age of 58 years. Respondent-Shankar Mahadeo Takmare was to retire on attaining the age of 58 years on 20/6/2024 whereas Respondent-Sanjay Pandurang Ghorpade was to retire on attaining the age of 58 years on 5/4/2024. Accordingly, letters were issued by both the Respondents informing them about their retirements. Both the Respondents however approached Labour Court by filing Complaint (ULP) Nos. 19 of 2024 and 9 of 2024 seeking restraint order against the Petitioner-employer from retiring them before attaining age of 58 years. The Complaints were resisted by Petitioner-employer by filing Written Statements. Respondent- employees filed Applications at Exhibit U-2 seeking interim relief under Sec. 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTP & PULP Act). By orders dtd. 3/4/2024 and 19/6/2024 the Labour Court allowed the Applications at Exhibit U-2 and has restrained the Petitioner-employer from superannuating the Respondents till they attain the age of 60 years during pendency of the Complaints.