MAHABOOB ALI Vs. HYDERABAD ALLWYN LTD

JUDGEMENT

(1.) These two appeals respectively arise out of W.P.Nos. 6852 of 1986 and 7247 of 1987. The second writ petition was filed claiming benefits under Section 33(C) (2) of the Industrial Disputes Act during the pendency of the first writ petition and it is conceded by the learned counsel for the appellant that the success or otherwise of Writ Appeal No. 1789/89 arising out of W.P.No.7247/87 depends upon the result of W.A.No.404/90 arising out of W.P.No.6852/86. For such reason, both the appeals are disposed of by this common judgment.

(2.) The appellant was superannuated from the 1st respondent-Company on 11-7-1978 after having completed 35 years of service which he entered on 11-7-1943 as a Fitter and was later on promoted in 1970 as a Leading Hand He raised Industrial Dispute No. 94/83 before the Labour Court against his superannuation claiming to be aged only 48 years as on 11-7-1978 and urging that he was entitled to continue up to 58 years of age, which according to him was the age of superannuation. Award was passed on 27-5-1985 in his favour, but it was challenged by the respondent before this Court in W.P.No.6852/86. The writ petition having been allowed, W.A.No. 404/90 has been filed.

(3.) The provision of the Standing Order Clause 26 relating to superannuation of workmen, which came by way of amendment of the Standing Orders on March 1st, 1979 is as follows: