DEWA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant intra-court appeal is directed against the order/judgment dtd. 6/1/2022 passed by Learned Single Judge of this Court in W.P. (L) No. 6614 of 2010 whereby and whereunder the award dtd. 16/1/2010 passed in Reference Case No. 01 of 2002, by which the reference was answered against the petitioner, was refused to be interfered with.

(2.) The brief facts of the case, as per pleadings in the writ petition, which require to be enumerated, are as hereunder:

(3.) Mr. Indrajit Sinha, learned counsel for the petitioner has taken the ground that the learned Single Judge has failed to appreciate the fact that the writ petitioner was discharging his duty with supervisory capacity but without considering that aspect of the matter the Tribunal came to the finding holding in the award that the writ petitioner is not coming under the fold of 'workman' as per the definition contained under Sec. 2(s) of the Act, 1947. The second ground upon which award has been passed against the writ petitioner is that the age of superannuation of employee was 55 years and as such considering that aspect of the matter the Tribunal has passed the award against the petitioner holding therein that the action of the management in retiring the workmen on attaining the age of superannuation i.e. 55 years cannot be said to be justified, which according to learned counsel for the petitioner is contrary to the rules where the age of superannuation is 60 years.