CHANDIGARH ADMINISTRATION Vs. AJIT SINGH

JUDGEMENT

(1.) THE Chandigarh Administration seeks to appeal to this Court from the order dated March 20, 1989 made by the Central Administrative Tribunal, Chandigarh, in O.A.No.280 -CH of 1988 holding that respondent 1 was a 'Workman' for purposes of F.R.56(b) and was entitled to ramain in service till the attainment of the age of 60 years; that the order of the Chandigarh Administration requiring his retirement with effect from April 30, 1980 upon attaining the age of 58 years is erroneous and that respondent 1 be called back to duty to serve till April 30, 1990 when he would attain 60 years. .

(2.) WE have heard learned counsel on both sides. Special leave granted.

(3.) WHETHER the employee in question is both a workman and a artisan within the meaning of clause(b) read with the Note is a question essentially of evidence as regards the nature of his work. The Tribunal has not embarked on such a analysis." As to the error in the Tribunal's approach it was observed: "The Tribunal does not seem to have considered the status of the employee with reference to the nature of the work -performed by him. The Tribunal assumed that all employees working in an industrial or work -charged establishment qualified as workmen within the meaning of clause(b) of F.R.56, so as to get the benefit or retirement on completion of 60 years unlike other Government employees whose age of retirement is 58 years." For the reasons stated in and following the said earlier order in Civil Appeal No.3671 of 1991 we allow this appeal, set aside the order under appeal and remit the matter to the Tribunal to consider and dispose of the matter afresh in the light of the observations made by this Court in the said Civil Appeal No.3671 of 1991.