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1979 Supreme(MP) 148

G.P.SINGH, J.S.VERMA, M.L.MALIK, U.N.BHACHAWAT, C.P.SEN
Madhya Pradesh State Road Transport Corporation – Appellant
Versus
Heeralal – Respondent


Advocates appeared:
V.S. Dabir, S. K. Dubey, Shaukatali and A.G. Dhandha for petitioner;
A. N. Upadhyaya for respondent No.1.

ORDER

G.P. Singh, C, J.- 1. Respondent No. 1, Heeralal was employed as a driver by the petitioner, the Madhya Pradesh State Road Transport Corporation. By an order passed on 28th September 1966, the respondent was retired from service with affect from 1st October 1966 on the ground that he had attained 58 years of age. The respondent filed an application under section 31 (3) of the Madhya Pradesh Industrial Ralations Act, 1960, in the Labour Court, Gwalior. Omitting the chequered history of this application which is now not relevant we may straight way state that the Labour Court, by its order dated 14th June 1976, held that the respondent was governed by the Standard Standing Orders made under the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961, in which a provision for superannuation was made only on 2nd November 1973 and therefore the respondent could not be retired on the ground that he had attained the age of 58 years on 1st October 1966. The Labour Court, however, refused the relief of reinstatement and directed payment of wages upto 2nd November 1973 on the ground that the respondent would have, in any case, retired on that date under the Standard Standing Or


































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