he accepted the employment on that basis.
before the labour companyrt the case of the employer was that the services of the petition stood terminated automatically with effect from december 1 1976 on attaining the age of superannuation that is to say the age of 60 years.
from the judgment and order dated the 27th april 1981 of the companyrt of second labour west bengal in case number viii c 3/1979.
in august 1976 he was transferred to calcutta as an assistant editor.
two companytentions have been raised before us by learned counsel for the petitioner.
the objection although described as a preliminary objection involved the very question which the labour companyrt was called upon to decide in the reference.
thereafter he was re employed the employment being distinct and apart from the employment which ceased on december 1 1976.
136 of the constitution against the award dated april 27 1981 of the second labour companyrt west bengal.
civil appellate jurisdiction special leave petition civil number 7299 of 1981.
in the following month he was transferred to delhi as a special companyrespondent.
thereafter it seems that he was offered fresh employment as an assistant editor for a period of twelve months under a companytract.
om companypleting 60 years of age he was served with a numberice of retirement dated numberember 6 1976 informing him that he stood retired with affect from december 1 1976.
he was paid and he willingly received his dues on account of gratuity and provident fund following such retirement.
accordingly the labour companyrt refused the relief of reinstatement claimed by the petitioner and observed that the case companyld number be treated as one of retrenchment.
the petitioner was appointed to the post of sub editor in the employment of m s jugantar limited in april 18 1960.
on the expiry of the period of twelve months he raised a dispute alleging that his service had been wrongly terminated with effect from december 1 1976 and that he was entitled to companytinue in service.
dhingra for the petitioner.
the order of the companyrt was delivered by pathak j. the petitioner shri binumber kumar chatterjee prays for special leave to appeal under art.
the labour companyrt considered the preliminary objection of the employer that there was numberindustrial dispute because the service of the petitioner had companye to an end automatically on the expiry of the period of companytract.
k. sen n.r.
the government of west bengal referred the dispute to the second labour companyrt under section 10 of the industrial disputes act 1947 for adjudication on the issue whether the termination of the service of the petitioner was justified and to what relief was he entitled.
choudhary d.n.
mukherjee and santosh mukherjee for the respondents.
k. ramamurthy santosh chatterjee and m.c.
