JUDGMENT - R.M. LODHA, J.:---By this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks to challenge the order passed by the Industrial Court on 5-7-89, whereby the said Court dismissed the complaint filed by the petitioner under section 28 of Maharashtra Recognition of Trade Unions and Unfair Labour Practices Act, 1971. The petitioner has also prayed for declaration that passing of departmental promotional examination, after attaining age of 45 years was not mandatory in view of the Government Resolution dated 1-11-1977 to the employees of the Corporation. In the writ petition, the petitioner has also prayed that Clauses 39, 44 and 62 of Maharashtra State Road Transport Corporation (Recruitment Promotion, seniority and recategorisation) Procedure may be declared ultra vires.

2. The petitioner (for short `employee) was initially employed as conductor with the respondents (for short `employer). According to the petitioner, in view of his seniority as a conductor, he was promoted to the post of traffic controller from 1971 onwards. In the year 1974, by a consolidated order of promotion to the post of Traffic Controller, the employee was posted

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