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1989 Supreme(All) 509

B.N.MISRA
UTTAR PRADESH STATE SUGAR CORP. LTD. – Appellant
Versus
DEPUTY LABOUR COMMISSIONER – Respondent


Advocates Appeared:
A.D.Prabhakar

B. N. MISRA, J.

( 1 ) CHALLENGE in this writ petition is to the orders under Annexures-12 and 14 of the Deputy labour Commissioner, Meerut. Respondent No. 1, finding that the late Bennett Solomon was workman under the U. P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act) and that his date of birth was January 15, 1918 and, therefore, his retirement on January 15, 1976 before he attained the age of 60 years was illegal.

( 2 ) THE late Bennett Solomon was working as an Assistant Engineer under the U. P. State Sugar corporation Limited, the petitioner. He died on May 15, 1977 and his legal representatives are respondent Nos. 2 to 6. According to the petitioner, Solomons date of birth was January 15, 1916 and, therefore, he was due to retire on January 15, 1976. The petitioner served a notice on december 9, 1975 on Solomon (An-nexure-5) stating therein that he would be retired from service with effect from January 15, 1976. Against the said notice Solomon made a representation (Annexure-6) under Clause-L. L. (4) of U. P. Sugar Standing Orders, 1971 governing the conditions of employment of workmen in Vacuum Pan Sugar Factories, to the labour Commissioner, Uttar Prade







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