(Note: This award had been previously reported in [1998] 2 MELR 208; [1998] 2 ILR 965. Due to a printing error, we have decided to reproduce this case. Please use the current citation as the proper reference to the award. Any inconvenience caused is deeply regretted.)

AWARD NO. 368 OF 1998

The claimant commenced employment with the company on 23 April 1963 as a temporary general labourer upon being issued a letter of appointment (exh Y1). He was holding the position of senior shift manager on the day he was handed a letter dated 27 April 1995 stating that he had attained the retirement age of 55 on 23 March 1995. His service was extended for a further period of one year and three months to 30 June 1996 (exh Y4). Subsequently, the claimant was advised that pursuant to the earlier letter (exh Y4) he will "now proceed to retirement on 30 June 1996 (exh Y5)."

The claimant vide his statement of case alleges that notwithstanding the absence of any stipulation in the claimant's contract of employment as to retirement age, he was retired as set out hereinbefore. By reason of the said retirement he had been dismissed without just cause or excuse as the company had unilaterally varied t