ANATHAPUR MUNICIPALITY Vs. S KHASIM PEERAN

JUDGEMENT

(1.) The petitioner-Municipality of Ananthapur approached this Court seeking to declare that the award of the 4th respondent dated 16-2-2004 passed in I.D. No.153 of 2002 as illegal, arbitrary, unreasonable and without jurisdiction.

(2.) The 1st respondent was appointed as a turn-cock (Last grade) on 12-2-1963 and he was promoted as a Water works Pipeline Fitter through the proceedings dated 5-5-1966. The petitioner contends that the 1st respondent is in a supervisory cadre, supervising the work of the turn-cocks, therefore he will not come within the definition of workman and he is not entitled to continue till he completes the age of 60 years. When the petitioner issued an order dated 25-3-2002 directing the 1st respondent to retire at the age of 58 years, he approached the 4th respondent-Industrial Tribunal claiming that he comes within the definition of "workman" and as the petitioner-Municipality was declared as "an industry" he is entitled to continue till he completes 60 years which shall be treated as his age of superannuation. The Industrial Tribunal through its award dated 16-2-2004 held that the 1st respondent is a workman and accordingly, set aside the order of the petitioner dated 25-3-2002 by directing the petitioner to continue the 1st respondent in service till he completes 60 years by 31-5-2004. The petitioner being aggrieved by the order of the 4th respondent-Tribunal approached this Court through the present writ petition.

(3.) The learned Counsel for the petitioner submitted that as the 1st respondent worked in the Supervisory cadre, he comes within the purview of the ministerial staff, therefore, he cannot be treated either as a workman or as a last grade employee. Hence, he is liable to be retired on completion of the age of 58 years.