Judgment Sushrut Arvind Dharmadhikari, J.

The present intra court appeal under Section 5 of the High Court Act , 1958 assails the judgment dated 30.10.2017 passed in WP(c) No.23538 of 2012 whereby the learned Single Judge has disposed of the Writ Petition.

2. The main issue for consideration in this Writ Appeal is “Whether the first respondent herein is a workman or holding a managerial post?”

2.1 The brief facts of the case are that the first respondent herein entered the service of the appellant in the year 1981. The contention of the first respondent is that he falls within the category of workmen and therefore, as per the standing orders, he is entitled to continue upto the age of 60 years instead of 58 years which is the retirement age of an employee who is working in a capacity of an administrative supervisory nature.

3. The learned Single Judge relying on the statement made on oath in the counter affidavit filed in O.P.No.7353/1993 held that, the first respondent herein belongs to the workmen category. This position is clearly evident from paragraph-6 of the counter affidavit which has been reproduced in the impugned order itself. Thus the Writ Petition was disposed of and be