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1990 Supreme(AP) 78

YOGESHWAR DAYAL, M.JAGANNADHA RAO
Allied Sales Corporation (Proprietor M/s Usha International) 13/2, Rasoolpura, secunderabad reptd. by its divisional Manager, Mr. Harish Kumar – Appellant
Versus
Authority under Section 41 of A. P, Shops and Establishment Act Court the Asst. Commissioner of Labour circle II, Himayatnagar, hyderabad – Respondent


M. JAGANNADHA RAO, J.

( 1 ) THIS appeal is preferred by the management against the judgment of the learned single Judge dismissing the writ petition. The writ petition was dismissed. on the ground that the petitioner has an alternative remedy by way of Second appeal to the Labour Court under S. 41 (3) of the A, P. Shops and Establishments act, 19. 66.

( 2 ) AS there has been considerable litigation in this matter earlier which has gone upto Supreme Court at two stages, it is necessary to state the facts from the very beginning of the dispute.

( 3 ) THE dispute between the appellant and the Workman, the 2nd respondent, is in relation to the age of retirement of the workmen in the appellant establishment.

( 4 ) THERE was a settlement between the management and the workmen under sec. 18 (1) of the INDUSTRIAL DISPUTES ACT, 1947 on 25-4-1983 under which the age of superannuation of the workmen was fixed at 55 years. The settlement was to be in force upto 30-6-1986 and the next settlement, incorporating practically the same terms, was again entered into on 4-2-1987 under sec. 18 (1) of the INDUSTRIAL DISPUTES ACT, 1947. There is no dispute that these settlements are under Sec. 18 (1 ).

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