MANAGEMENT OF AMBALA EX-SERVICEMEN TRANSPORT COOPERATIVE SOCIETY LTD , CHANDIGARH Vs. CHIEF COMMISSIONER, UNION TERRITORY, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) This petition has been moved by the Management of the Ambala Ex-servicemen Transport Cooperative Society Limited, Chandigarh under Articles 226 and 227 of the Constitution of India for setting aside the award dated 24.2.1982 Annexure P.6.

(2.) The facts giving rise to this petition are that the respondent- Dharam Pal Sharma (hereinafter to be referred as 'the workman') was appointed as Commercial Manager of the petitioner- Society to look after the Bank-approved-business of the Society. He joined the said post on 1.7.1975. Thereafter, the Managing committee retired him vide resolution dated 23.11.1978. The Assistant Registrar, Cooperative Societies had issued directions vide Memo No. Cooperative 1 (Transport)-78 dated 25.8.1978 that the age of retirement for an employee of a Cooperative Society is 60 years and the workman had crossed 60 years even before his appointment. Against the aforesaid order of retirement, the workman made an application to the Registrar, Cooperative Societies, which was dismissed vide order dated 16.2.1979. Thereafter, the workman raised an industrial dispute. The matter was referred to the Additional Labour Court, Chandigarh. The following issues were framed :-

(3.) After hearing the representatives of the parties and examining the evidence on record, the Presiding Officer, Additional Labour Court, Chandigarh passed the impugned award dated 24.2.1982 Annexure P.6. Feeling aggrieved therewith, the petitioner has preferred this petition.