R.R.K. Trivedi, J. - (1.) In both the aforesaid writ petitions the respondents workmen and the Union Rajkiya Mudranalaya Sramik Sangh are represented by Sri Arvind Kumar, Advocate appearing along with Sri K.P. Agrawal, Senior Advocate, Learned counsel for the parties have agreed that the writ petitions may be decided finally at this stage.
(2.) In both the aforesaid writ petitions common questions of law and facts are involved and they are being disposed of by a common judgment.
(3.) Facts giving rise to the aforesaid writ petitions are that the respondent No. 1 Safat Ali, an employee of the petitioner, on being retired from service on 31st January, 1988 on attaining age of 58 years, raised industrial dispute that he being a workman is legally entitled to remain in service up to the age of 60 years. The certified standing orders are applicable to the establishment and he has been illegally retired from the service at the age of 58 years applying the provisions of Financial Hand Book. The State of Uttar Pradesh by a notification dated 31 January, 1989 referred dispute to the Industrial Tribunal under Section 4-K of the U.P. Industrial Disputes Act, 1947. Similarly six workmen arrayed as respondent No. 1 A to 1 F were also retired from service on attaining age of 58 years. They also raised industrial dispute and consequently reference were made to the Labour Court. Age of retirement and other relevant particulars with regard to the workmen involved in the aforesaid two writ petitions are mentioned below : JUDGEMENT_122_LAWS(ALL)5_1993_1.html The Industrial Tribunal, respondent No. 2 in the first Writ Petition vide its award dated 25th March, 1991 has found that Safat Ali, respondent No. 1 was legally entitled to work on his post as Compositor up to the age of 60 years and he was wrongly retired on 31st January, 1988. It has been directed that he shall be entitled for the full salary for the period of two years i.e. from 1st February, 1989 to 31st January, 1990 and increment and other benefits for which he may be entitled by remaining in active service. The respondent No. 2 Labour Court, Allahabad by award dated 1st June, 1992 has granted similar reliefs to the six workmen and has held that they will be entitled to work up to the age of 60 years. As the period of two years had already expired during the pendency of the dispute they have also been held entitled to receive their salary along with other benefits. Aggrieved by the aforesaid two awards petitioner has approached this Court under Article 226 of the Constitution.;