It appears from the record of the petitions and submissions made by learned counsel for the contesting parties that the petitioner has raised dispute about the date of birth and consequently dispute about the date of superannuation has also been raised. Therefore, as of now, there is dispute between the petitioner - employee and the respondent - employer about the date on which the petitioner can be said to have been superannuated.
It appears that the petitioner has succeeded before the Labour Court where the Labour Court has accepted his case, however, the decision of the Labour Court is challenged by way of other petition before this Court.
It is not in dispute that during the pendency of the petitions, the petitioner is entitled for payment of provisional pension and the respondent - competent authority is obliged to fix the petitioner's provisional pension and make payment accordingly.
Therefore, the competent authority of the respondent, i.e. respondent No.5, is directed to pass appropriate order fixing petitioner's provisional pension. Said process will be completed by the respondent No.5 within 6 weeks from today. Appropriate order will be passed and process of paying provisional pension in favour of the petitioner shall be started within the aforesaid time limit.
The order passed by the respondent No.5, as aforesaid, shall be placed on record of present petitions.
The petitions to come up for further hearing after 8 weeks.
(K.M.Thaker, J.) kdc Top