R.B. PATIL Vs. SHRI MARUTI RAMA MILAKE

JUDGEMENT

(1.) THIS is Revision by original Respondent employer challenging legality of judgment and order passed in Complaint (ULP) No. 235 of 2000 by the Labour Court, Kolhapur, whereby an order of reinstating an employee with continuity of service and full back wages is made against it. Admittedly, present Respondent (hereinafter referred to as the Complainant) was working under present Petitioner (hereinafter referred to as the Kharedi Vikri Sangh) on the post of Assistant Foreman. Kharedi Vikri Sangh resolved in meeting of its Board of Directors dated 14th October 2000 to change the age of retirement of its employees/officers from 60 years to 58 years. The Kharedi Vikri Sangh then informed the Complainant vide letter dated 19th October 2000 that he is going to retire with effect from 30th October 2000 by virtue of resolution.

(2.) THE Complainant then filed above complaint on 30th October 2000 against the Kharedi Vikri Sangh, inter -alia contending that he is an employee as defined under the M.R.T.U. and P.U.L.P. Act and the Kharedi Vikri Sangh is an industry as defined under the Industrial Dispute Act. Industrial Employment (Standing Orders) Act and Rules thereunder are applicable to the Kharedi Vikri Sangh, wherein prescribed age of retirement is 60 years. As such, resolution reducing age of 58 years is void -ab -initio and contrary to provisions of the Act and Rules made thereunder. Eventually, his termination is an unfair labour practice under item 1(a), (b), (d), and (f) of Schedule -IV of the M.R.T.U. and P.U.L.P. Act, 1971. He, therefore, claimed reinstatement with continuity of service and full back wages.

(3.) CONSIDERING rival pleadings, the Labour Court framed issued at Exh. C -21. The parties then went to the trial. The Complainant has examined himself at Exh. U -22 and produced letter dated 19th October 2000 of the Kharedi Vikri Sangh that he is going to retire on 30th October 2000. He also produced copy of settlement dated 12th August 1996 between the Union and the. Kharedi Vikri Sangh as well as copy of common judgment delivered by Labour Court, Kolhapur in Complaint (ULP) No. 87 and 100 of 1999. In rebuttal, the Kharedi Vikri Sangh examined its Sr. Clerk at Exh. C -33 and produced copies of Complainant's leave applications and muster role.