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2014 Supreme(Bom) 980

S.B.SHUKRE
Sirsat Lodge, Represented by its partner, Shri Suhas Jayram Sirsat – Appellant
Versus
Mashnu Gawade – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:L.J. Deva, Advocate.
For the Respondent:Gaurish Agni, Advocate.

Judgment :

1. This Writ Petition is preferred against the order dated 12.11.2013 in CLE/(REC-17)/2011 by Commissioner, Labour and Employment, Panaji (“the Commissioner” for short) holding that respondent cannot be retired at the age of 60 years and is entitled to receive wages, including back wages as claimed by him.

2. The respondent was in the employment of the petitioner as helper. His services were terminated by the petitioner on 1.6.1989. The respondent raised an industrial dispute calling termination of his service as illegal. The dispute was referred to Industrial Tribunal. An award of reinstatement with 60% back wages was passed by the Industrial Tribunal on 1.10.1999. It was challenged by the petitioner in Writ Petition no. 246/2000. During the pendency of the said Writ Petition, the respondent filed an application under Section 17-B of the Industrial Disputes Act, 1947 ( “the ID, Act” for short). It was allowed by the High Court by an order passed on 20.9.2001.

3. Thereafter, Writ Petition no. 246/2000 was disposed of by the High Court on 5.5.2011. While disposing of Writ Petition, the award dated 1.10.1999 was modified by the High Court. It was declared that the responden




































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