SANJAY DWIVEDI
UltraTech Cement Ltd. – Appellant
Versus
Siya Sharan Pandey – Respondent
ORDER
1. Since this batch of petitions is involving same question, therefore, it is analogously heard.
For the purpose of convenience, the facts of W.P. No.1442/2020 are being taken up. All the petitions are listed for final hearing in motion stage in pursuance to the order dated 18.1.2021, accordingly, parties are ready to argue the matter finally and it is finally heard.
A petition has been filed under Article 226 of the Constitution of India questioning the validity of the order dated 30.9.2019 (Annexure-P/13) passed in Case No.64/18 IDR by Labour Court, Satna deciding reference made to it by the office of Labour Commissioner, Indore, as the dispute was raised under section 10(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as the ‘Act, 1947’). The question of reference was
“as to whether Siya Sharan Pandey s/o Ram Milan Pandey has been retired from service prior to the prescribed age of superannuation? If yes, then whether the order of superannuation is legal and appropriate? If not, then what benefit can be granted to the workman superannuated and what direction should be given to the employer in this regard?”
2. The reference was answered by the Labour Court
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