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2008 Supreme(AP) 202

RAMESH RANGANATHAN
Retired Employees Association, ITC Ltd-ILTD Division, Guntur – Appellant
Versus
Govt. of A. P. – Respondent


Advocates Appeared:
Counsel for the petitioner: Sri M.Pandu Ranga Rao
Counsel for the respondents: Sri K.Kasturi

ORDER:

The dispute which the petitioner Association seeks a reference, to the Industrial Tribunal for its adjudication, is their demand for extension of pensionary benefits to their members, all of whom retired from the services of the third respondent company prior to 24.08.1986. The Government, by its order dated 4.3.1998, declined to make the reference holding that a retired workman was not a "workman" within the meaning of Section 2(s) of the Industrial Disputes Act, that the demand of retired employees did not fall within the definition of 'industrial dispute' and that the dispute raised by the petitioner, an association of retired employees, could not be entertained under the provisions of the Industrial Disputes Act (hereinafter referred to as the "Act"). The Government further informed the petitioner that, as an industrial dispute would arise only in case of a difference between the employer and their workmen and since the Association did not represent any employee in service, it had formed an opinion that there was neither a dispute in existence, nor was a dispute apprehended, and that the matter in dispute did not merit reference. Aggrieved thereby, the present writ pe



















































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