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Judgment
Govind Mathur, J.—The employer has decided to retire the Petitioners at the age of 58 years and that is under challenge in these petitions for writ. As per the Petitioners, the age of superannuation is 60 years in view of the order dated 20.5.1998 (Annex.-4) and the order dated 20.4.2007 (Annex.-5).
It is the position admitted between the parties that the Petitioners are workmen as defined u/s 2(s) of the Industrial Disputes Act, 1947 (for short ''the Act of 1947'' hereinafter), the employer is an Industry, and the issue involved in these petitions is an industrial dispute as defined u/s 2(k) as well as Section 2A of the Act of 1947.
Having considered the complicated question of facts and law, I deem it appropriate to relegate the Petitioners to get their dispute resolved through the adjudicating machinery prescribed under the Act of 1947 itself. The Petitioners-workmen in their individual capacity or through a registered trade Union may raise such dispute within a period of one month from today before the appropriate Government and the appropriate Government in its turn shall refer the dispute for adjudication to the adjudicating forum under the Act of 1947 within a period of one month thereafter, may that be the competent Industrial Tribunal or an Arbitrator, appointed as per the provisions of the Act of 1947. The adjudicating authority after receiving the reference shall consider and decide the industrial dispute expeditiously as far as possible within a period of one year from the date of reference.
With the directions aforesaid, the petitions for writ stand disposed of.