Judgement

MITTER, J.: This is an appeal by special leave from an award and order dated August 23, 1967 of the Industrial Court Maharashtra under S. 6 of the Industrial Employment (Standing Orders) Act, 1946 read with the provisions of the Bombay Industrial Employment (Standing Orders) Rules, 1959. The questions involved relate to the fixation of the age of superannuation and proof of age of a workman in case of dispute between him and the appellant.

2. The facts are as follows. The appellants who manufacture and sell aluminium wares took over the management of the business formerly carried on by a Canadian firm in 1951 and issued a notice to all the employees on July 19, 1951 to the effect that such of them as had put in 30 years of active service or who were already 55 years of age and/or infirm, debilitated by age or disease were liable to be retired and further continuation of their service after such age or period of service would be at the discretion of the management. This however could not be enforced at law.

3. The original Standing Orders of the appellants for workmen (other than clerical staff) were certified by the Commissioner of Labour under S. 5 of the Industrial Employe