- (1.) THIS application is directed against the award of the 5th Industrial Tribunal, West Bengal in the matter of a dispute between Tollygunge Club Ltd. and their workman Sri Khalil Mia in pursuance of an order of reference under section 10 real with section 2a of the Industrial Dispute Act, 1947. The issue referred to the said Tribunal was : "whether the relirement of Sri Khalil Mia with effect from 1 -1 -1979 is justified ? To what relief if any is he entitled ?"
(2.) THE 5th Industrial Tribunal held that sri Khalil Mia was wrongfully re fired from the service with effect from 1-1-1979 even though, the retirement fails due on 1-1-85 and as such said Sri Khalil Mia is entitled to be reinstated in his service with immediate effect with all back-wages which has accrued to him during his forced unemployment from 1- 1-1979.
(3.) IN order to appreciate the contentions raised I may briefly refer to the facts of this case. Khalil Mia, the concerned workman was originally employed as a casual Caddy and continued to be so until 1973 when his appointment as such Caddy was confirmed. An identity card was issued to Khalil along with others on 15th September, 1971 on which his age was recorded to be of 47 years as on 1. 1. 1971.;