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2004 Supreme(Bom) 1039

NISHITA MHATRE
Vasudeo Dharanidhar Joshi & others – Appellant
Versus
Bombay Textile Research Association & others – Respondent


JUDGMENT - MHATRE NISHITA (Smt.), J.: - The petitioners in Writ Petition No. 5481 of 1996 and Writ Petition No. 6275 of 1995 were employed with the respondent Bombay Textile Research Association (BTRA) as workmen for a number of years. The grievance made by them in the writ petitions filed by them is that although the Industrial Court while deciding the complaints filed by them has held that the respondent-BTRA has committed an unfair labour practice by retiring them at the age of 58 years, no wages have been granted to them for two years when their contention that they were entitled to continue till the age of 60 years has been accepted. The petitioners in Writ Petition No. 537 of 1998 (which is a cross petition to Writ Petition No. 5481 of 1995) and Writ Petition No. 538 of 1997 (which is a cross petition to Writ Petition No. 6275 of 1995) have also challenged the orders of the Industrial Court as, according to them, they have committed no unfair labour practice whatsoever and the Industrial Court has erred in deeming the retirement age of the workers concerned as 60 years rather than 58 years.

2.The facts giving rise to the present petitions are not disputed. The workmen were emp

























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