Judgment

PATHAK, J.:- The petitioner, Shri Binoy Kumar Chatterjee prays for special leave to appeal under Art. 136 of the Constitution against the award dated April 27, 1981 of the Second Labour Court, West Bengal.

2. The petitioner was appointed to the post of Sub-editor in the employment of M/s. Jugantar Limited in April 18, 1960. In the following month he was transferred to Delhi as a Special Correspondent. In August, 1976 he was transferred to Calcutta as an Assistant Editor. On completing 60 years of age he was served with a notice of retirement dated Nov. 6, 1976 informing him that he stood retired with effect from Dec. 1, 1976. He was paid and he willingly received his dues on account of gratuity and Provident Fund following such retirement. Thereafter, it seems that he was offered fresh employment as an Assistant Editor for a period of twelve months under a contract. He accepted the employment on that basis. On the expiry of the period of twelve months he raised a dispute alleging that his service had been wrongly terminated with effect from Dec. 1, 1976 and that he was entitled to continue in service.

3. The Government of West Bengal referred the dispute to the Second Labour