1. The present Letters Patent Appeal and Cross Objection are directed against the judgment and order delivered by the learned Single Judge in Writ Petition No.5247 of 1990 dated 09-06-2004. By the impugned judgment and order, the learned Single Judge allowed the writ petition filed by the respondents Union, by holding that the age of retirement is to be treated as 60 years, as provided in the Model Standing Orders. Consequently, the learned Single Judge set aside the order passed by the Industrial Court by holding that the appellant company has committed unfair labour practice under Item 9 of Schedule IV of Maharashtra Recognition of Trade Unions and Unfair Labour Practices Act, 1971.

2. On behalf of the respondent Union, a complaint bearing (ULP) No.914 of 1989 was filed under Items 5 and 9 of Schedule IV of the Act, against the present appellant company. It is the case of the respondent Union that as per the provisions of the Model Standing Orders which are applicable to the workmen of Container Division at the age of 58 years in view of the Settlement dated 03-06-1964, a complaint was filed by the respondent-Union on the ground that the said action of the company amoun