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2021 Supreme(HP) 855

SANDEEP SHARMA
Gabriel India Limited – Appellant
Versus
Presiding Officer, Industrial Tribunal-Cum-Labour Court, Shimla – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Bhupender Gupta, Senior Advocate and Ajeet Jaswal, Advocate
For the Respondents:V.D. Khidtta, Advocate

ORDER :

Sandeep Sharma, J.

1. By way of instant petition filed under Art. 226/227 of the Constitution of India, challenge has been laid to Award dated 5.5.2017, passed by learned Presiding Judge, Industrial Tribunal-cum-Labour Court in Ref. No. 86 of 2005, whereby learned Tribunal below, while allowing the claim petition of the respondent Nos. 2 to 13/workmen (hereinafter, 'workmen'), directed the petitioner-employer (hereinafter, 'employer') to pay full wages, alongwith all consequential benefits to the workmen, with effect from the date they were given retirement by employer on completion of age of 55 years till they attained the age of 60 years, within a period of three months from the date of passing of award till realization failing which, the same shall carry interest at the rate of 9% per annum, from the date of petition till realization.

2. For having bird's eye view of the matter, certain undisputed facts as emerge from the pleadings as well as documents available on record, are that workmen No. 2, 3, 12 and 13 and predecessor-in-interest of respondents Nos. 4 to 7 and 8 to 11 (hereinafter, 'workmen') were employed with the petitioner company and they joined services of petit

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