GUJARAT ROPE FACTORY Vs. SHAMRAO PANDURANG MOGARE

JUDGEMENT

(1.) Heard.

(2.) The petitioner an employer has challenged the judgment and order dated 24.11.2004 passed by the VIIth Labour Court, Mumbai, by which the Labour Court has held that the petitioner has engaged in unfair labour practices under Item 1(1), (b), (d) of Schedule IV of MRTU & PULP Act, 1971 and directed the petitioner to reinstate the respondent with continuity of service and full back wages.

(3.) In short, the Labour Court has held that the petitioner wrongly treated the respondent as retired from 22.9.1998 on the ground that he has attained the age of superannuation even though the respondent had not attained that age. The respondent was working as a salesman with the petitioner from 2.5.1964. His last drawn wages were Rs.4,000/- per month. The petitioner is a partnership firm engaged in the business of ropes, newar, tapes twins and all kinds of threads at 57, Bhajipala Lane, Mumbai 400 003. According to the respondent on 22.9.1998 the petitioner called the employees and stated that he intends to close the shop from 1.10.1998 and therefore they do not require their services. Admittedly, from the next day the respondent was not allowed to work. The respondent therefore filed a complaint under Schedule IV, Item 1 of MRTU & PULP Act, which reads as under:-