Heard finally by consent of the parties.

2. Both the parties have challenged order dated 8 December 2011 passed by the Industrial Court, Mumbai from their respective points of view. The operative part of the order is as under:

"1. The Appeal is allowed as under:

(I) The Order passed by the Certifying Authority enhancing the age from 55 years to 68 years is confirmed, subject to modification that after completion of 55 years the employee shall submit every year medical fitness certificate as per the rules of the Company till he attains the age of 58 years.

2. Accordingly the appeal is disposed of.

3. Inform the authority concerned accordingly.

4. The R & P be sent back to the Commissioner of Labour, Mumbai.

5. The parties to the appeal shall bear their own costs."

3. The basic challenge of the Undertaking/Management is the order of enhancing the age from 55 to 58 years and related aspects. The employees in their separate Petition submitted to enhance 60 years as retirement age instead of 55.

4. The basic events are as under as per Writ Petition No.11183/2011:

On 15 March 1983, a Standing Order pertaining to the petitioner's establishment Ramada Plaza Palm Grove certified by the Certif