IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 382 OF 2010 IN WRIT PETITION NO. 217 OF 2010 MR. SURESH FALKAR ... Applicant Versus M/S. FOMENTO RESORTS AND HOTELS LTD., REP. BY MR. ISHWAR B. MUCHANDI AND ANR., ... Respondents Shri. Shivraj P. Gaonkar, Advocate for the applicant. Mr. J. E. Coleho Pereira, Senior Advocate for respondent no.1. Coram:- A. P. LAVANDE, J. Date:- 22nd September, 2010 P.C. Heard Mr. Gaonkar, learned Counsel appearing for the applicant and Mr. Coelho Pereira, learned Senior Counsel appearing for respondent No.1. 2. According to Mr. Coelho Pereira, learned Senior Counsel appearing for respondent No.1, the impugned award was passed on 26th October, 2009 and the applicant attained the age of 55 years on 27th March, 2009. According to him, as per the Service Rules of respondent no.1, the normal age of superannuation is 55 years and as such, the applicant having attained the age of superannuation, the application under Section 17-B is not maintainable since the applicant is not entitled to any wages during pendency of the petition in terms of Section 17-B of the I. D. Act. 3. Mr. Gaonkar, learned Counsel for the applicant states that the Service Rules of respondent No.1 are not applicable to the applicant, who is a workman and it governs by the Standing Orders Act, 1946 and, therefore, he is entitled to superannuate on attaining the age of 58 years. 4. The Service Rules of respondent no.1 provides that the normal age of superannuation is 55 years. The applicant having attained the age of superannuation in terms of the Service Rules, at this stage, I am not inclined to decide the issue as to whether the applicant is governed by the Service Rules by the Standing Orders Act, 1946. The contentions of the rival parties are kept open in the main petition. Since the petitioner/ applicant has already attained the age of 55 years, on 27th March, 2009, I am not inclined to grant relief in terms of Section 17-B of the I.D.Act, 1947. Hence, the application stands dismissed. A. P. LAVANDE, J. SMA