Bombay High Court
Shobha A Salve vs India United Mill No.5 And Ors on 21 March, 2023
Bench: Sandeep V. Marne
25 wp262-21.docx
Digitally
signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TRUSHA
TRUSHA TUSHAR
TUSHAR MOHITE
ORDINARY ORIGINAL CIVIL JURISDICTION
MOHITE Date:
2023.03.23
11:50:14
+0530
WRIT PETITION NO.262 OF 2021
Shobha Ashokkumar Salve ..... Petitioner
Vs.
India United Mill and Ors. ..... Respondents
WITH
WRIT PETITION NO.879 OF 2020
Shilpa S. Chandankar ..... Petitioner
Vs.
NTC Ltd. and Ors. ..... Respondents
WITH
WRIT PETITION (L) NO.5296 OF 2020
Sangeeta Suresh Kedia ..... Petitioner
Vs.
India United Mill No.5 and Ors. ..... Respondents
WITH
WRIT PETITION NO.3796 OF 2021
WITH
INTERIM APPLICATION NO.188 OF 2022
Priyanka Pradeep Chavan ..... Petitioner
Vs.
National Textile Corporation Ltd. and Ors. ..... Respondents
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25 wp262-21.docx
Mrs. Nivedita S. Deshpande i/b Mr. Sudhir N. Deshpande for the
Petitioner in all WPs and for the Applicant in IA.
Smt. Uma Palsuledesai, AGP for Respondent No.2-State in WP 879 of
2020.
Mr. Kedar Dighe, AGP for Respondent No.2-State in WPL 5296 of
2020.
Mr. C.S. Joshi I/b. Mr. B.C.Joshi for Respondent No.1 in WP 879 of
2020, WPL 5296 of 2020 and for Resp. In WP 3796 of 2021.
Mr. Kedar Dighe, AGP a/w. Smt. Uma Palsuledesai, AGP for State in
WP/262/2021.
Mr. P.M.Palshikar a/w. Mr. Anil D. Yadav for R.2 and 3 UOI in
WP/879/2020 and WPL/5296/2020.
Mr. Anoop Patil for R.1 in WP/262/2021.
CORAM: S.V.GANGAPURWALA, ACJ &
SANDEEP V. MARNE, J.
DATED : MARCH 21, 2023
P.C.
1. Rule.
Rule made returnable forthwith. By consent of the
parties, taken up for final disposal.
2. The Petitioner is challenging the standing order 11-A
framed under the provisions of the Bombay Industrial
Relations Act, 1946 (BIR) on the ground that the same
discriminates between the male and the female employee.
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25 wp262-21.docx
The male employee is granted extension till 63 years of age
whereas the same benefit is not made available to female
employees.
3. We have heard the learned Counsel for the Petitioner
and the Respondents.
4. It has been pointed out that the issue involved in the
present petition is no longer res integra in view of the
judgment of the Division Bench in the case of Writ Petition
No.2689 of 2018 dated 19.08.2019. In the said judgment,
Division Bench of this court declared that the provisions of
standing orders 20-A and 11-A shall apply irrespective of the
fact that the concerned employee is male or female employee.
5. This court while issuing notice had granted interim
orders in favour of Petitioner.
6. In view of the fact that the said issue is already decided
by this court, as referred to above, the Respondent no.1 shall
consider the case of the Petitioner for extention beyond the
age of 60 years upto maximum 63 years as per its policy.
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25 wp262-21.docx
7. The decision shall be taken by Respondent no.1
preferably within four weeks or till the Petitioner attains the
age of super annuation whichever is earlier.
8. Till the decision is taken by Respondent no.1, the interim
orders of this court passed on 15.05.2020 shall continue.
9. Rule accordingly made absolute. No costs.
10. Writ Petition No.262 of 2021 stands disposed of.
11. Place remaining Writ Petitions along with Interim
Application on board on 05.04.2023.
(SANDEEP V. MARNE, J) (ACTING CHIEF JUSTICE)
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