Law:

Section:

Industrial dispute Retirement on ground of superannuation Employee who originally was appointed as a driver and later on was promoted as an Assistant Yard Master, was retired on ground of superannuation Employee had challenged his retirement contending that he had not reached age of his retirementAge of employee was determined according to age mentioned by employee in his application made at time of recruitmentEmployee neither had produced National Identity Card nor his driving licence in proof of his age though he had been a man from Transport Service all alongEmployee on his own showing had no enmity or dispute with any officer of employerNo reason existed as to why employer should have brought him to harm out of any maliceEmployee having been retired because of his attaining age of superannuation order of Court below reinstating him was held illegal. Talmiz Burney and Dilawar Hussain for Appellant. S. Fasahat Hussain Rizvi for Respondent. Date of hearing: 2nd November, 1993. DECISION This appeal calls in question the order of the Labour Court No. VI, Hyderabad by which the petition under section 25A, I.R.O. was allowed and the petitioner was reinstated in service with full back benefits. The facts forming the backgrounds of this appeal in brief are as follows: The petitioner had been employed by the respondent as a driver on 10101960 and in due course was promoted as an Assistant Yard Master. At the material time, he happened to be the President of the C.BA. According to him he had been taking avid interest in the welfare activities of the workers and the authorities were after his blood. As the petitioner was giving them no excuse to axe him, he was given an order of retirement on 2111989 on the ground of superannuation. However, within a week thereof i.e. on 28111989, the aforesaid order was temporarily withheld, and on 31111989 a reference was made to the Civil Surgeon of Hyderabad for his physical check up for the determination of his age. 2. It is alleged that the petitioner had been examined by the Civil Surgeon as directed, and according to the certificate issued by him he was only 50 years of age. A copy of the certificate is stated to have been…

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