Decided on February 23,2007



REKHA SHARMA, J. - (1.) The petitioner, namely Janta Gramudyog Samiti, Nangloi, Delhi, is aggrieved by the order of the Presiding Officer, Labour Court No. 5, Karkardooma, Delhi, dated February 1, 2002 passed in I.D. No. 605/1994. The reference made to the Labour Court was to the following effect: "Whether the services of Shri Vidya Dhar Mishra have been terminated illegally and/or unjustifiably and if so, to what relief is he entitled and what directions are necessary in this respect?"
(2.) The Labour Court has held that the respondent, namely, Shri Vidyadhar Mishra, was wrongly retired by the petitioner at the age of 56 years and that he was entitled to continue in service till he attained the age of 58 years. Accordingly, the petitioner was directed to pay to the respondent full back wages with all consequential benefits which he would have received had he remained in service of the management from the date of his alleged retirement at the age of 56 years i.e. July 15, 1993 till he would have attained the age of 58 years i.e. July 14, 1995.
(3.) The case of the petitioner is that the respondent who was working as a Manager in its organization was bound by the rules and regulations which were framed on May 18, 1993 by the Administrator who was appointed by the Khadi Village and Industries Commissioner in the year 1988 as the petitioner's organization was not doing well financially. It appears that prior to May 18, 1993, there was no prescribed age for the retirement of the employees working with the petitioner and as a matter of practice, they used to continue to serve the organization till the age of 60 years. However, Rule 11 of the said Order which came to govern the employees of the petitioner lays down different age of retirement for different categories of employees. The said Rule reads as under: "11. Period of service: The age of retirement for an employee who gets salary from the organization shall be 56 years of age; for an employee who is a member of the General Body (Aam Sabha) shall be 58 years of age and for an employee who is a Trustee member (Trustee Mandal) shall be 60 years of age; and after completion of the above mentioned period the employee will be retired from service. The employee who get fratuity etc. as per applicable labour laws ubmission of birth certificate by the employee for the receipt of gratuity shall be compulsory. Gratuity etc. shall be paid in six months in lump sum or in equated instalments. If the period exceeds this interest @ 12% shall be paid to the employee by the Samiti. The Working Committee of the Samiti/Manager shall have the right to re-appoint. An employee who at the time of retirement was a member of the Samiti shall remain a member.";

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