TATA MEMORIAL CENTRE Vs. TATA MEMORIAL HOSPITAL KAMGAR

JUDGEMENT

(1.) HEARD learned counsel for the rival parties. Perused petition and counter affidavit.

(2.) THIS petition is directed against the order dated 12th October, 2001 passed in Complaint (ULP) No. 1272 of 1993 by the Industrial Court, mumbai holding that the petitioner- hospital has resorted to unfair labour practice prescribed under Item 9 of Schedule IV of the Maharashtra recognition of Trade Unions and Prevention of unfair Labour Practices Act, 1971 ("mrtu and PULP act" for short) with further direction to treat the date of birth of respondent No. 2 (the original complainant No. 2) as 31st August, 1937 and to treat him retired on completion of 60 years i. e. on 31st August, 1997 with further direction to make payment of wages and monetary benefits to respondent No. 2 for the period during which he was not allowed to work. The Facts :

(3.) THE facts giving rise to the present petition, in nutshell, are that the petitioner is a society registered under the Societies registration Act and also a Public Trust working under the administrative control of the Atomic energy, Government of India.