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1989 Supreme(AP) 280

K.RAMASWAMY
Hyderabad Allwyn Limited,represented by Personnel Manager – Appellant
Versus
Addl Industrial Tribunal, Labour Court,hyderabad – Respondent


K. RAMA SWAMY, J.

( 1 ) SRI Mahboob Ali, the workman, joined the service of the petitioner-companyon July 11, 1943 as a Fitter. By Proceedings dated June 6, 1978, the workman was intimated that he would retire from service with effect from July 11, 1978 on completion of 35 years of full-time service. Questioning the effect thereof, a reference was sought for under Section 10 (1) (c) of the Industrial Disputes Act, 1947 (for short, "the Act" ). Ultimately, by Reference dated December 2, 1983, the Government referred the dispute to the Industrial Tribunal-Cum-Labour court thus : "whether the retirement of Shri Mahboob Ali from service, after completion of 35 years of service by the Management of Hyderabad allwyn Metal Works, Sanatnagar, Hyderabad is justified ? if not, to what relief he is entitled ?"

( 2 ) THE Industrial Tribunal-Cum-Labour Court by its Award datedmay 27, 1985 in ID. No. 94/83, held that, on the date when the workman entered into the service of the petitioner-company, there was no age of superannuation prescribed. Subsequently, Certified Standing Orders have come into force with effect from July 22, 1948, and they were amended on march 1, 1979. Clause-26 of the Certif















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