CAW/1657/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1657 OF 2010 IN WRIT PETITION NO.5748 OF 2001 Janardan Gyanba Khaladkar ... Applicant V/s. Rathi Transpower (P) Ltd., Pune & Ors. ... Respondents Ms. Seema Sarnaik with Mr. S.B. Bomble- Deshmukh for the Applicant. Mr. D.J. Bhanage for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATE : 17 TH SEPTEMBER, 2010. P.C. : 1. This Civil Application has been filed for a direction to the respondents in the Civil Application, i.e. the original petitioners, to continue to pay wages to the applicant under Section 17-B of the Industrial Disputes Act till he attains the age of 60 years i.e. till 7th May, 2012. It is strongly disputed as to whether the age of retirement is 58 years or 60 years. The Management has relied not only on the past practice but also on an agreement between some workers and itself to indicate that the age of retirement in the Company is 58 years and not 60 years. According to the workman, i.e. CAW/1657/2010 the applicant in the Civil Application, the practice has been to retire the workmen at the age of 60 years. 2. In my opinion, this controversy as to whether the applicant is entitled to continue in service till the age of 58 years or 60 years cannot be decided in a Civil Application. Furthermore, according to Mr. Bhanage, the learned Advocate for the respondents in the Civil Application, the very issue of whether employees can be continued till the age of 60 years is pending a decision in Writ Petition No.8699 of 2006 before this Court. 3. In these circumstances, in my opinion, it would not be proper to grant the Civil Application. The Civil Application is, therefore, dismissed. 4. In case there is a decision in the aforesaid Writ Petition No.8699 of 2006 that the retirement age is 60 years and the present Writ Petition is still pending, the applicant herein may move this Court for wages under Section 17-B of the Industrial Disputes Act upto the age of retirement.