( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.783 OF 2008 NOTICE OF MOTION NO.783 OF 2008 NOTICE OF MOTION NO.783 OF 2008 IN IN IN APPEAL NO.487 OF 2007 APPEAL NO.487 OF 2007 APPEAL NO.487 OF 2007 IN IN IN REVIEW PETITION NO.100 OF 2006 IN WRIT PETITION NO.171 OF 1999 Kansai Nerolac Paints Ltd. .. Appellant V/s Anand Shivram Samant & Anr. .. Respondents Mr.C.U.Singh (Senior Counsel) with Mr.R.N.Shah i/by M/s.Sanjay Udeshi & Co.for the Appellant. Mr.Bhavesh Parmar for Respondent No.1 in support of the Notice of Motion. CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. DATE : 3rd March, 2008. DATE : 3rd March, 2008. DATE : 3rd March, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Senior Counsel for the Appellant- Company and the learned Counsel for the Respondent No.1-Workman. Perused the affidavit of Mr.Vishwas Daulatrao Patil (the General Manager, H.R. & the Authoritised Signatory of the Appellant Company) dated 3.3.2008, wherein, in paragraph Nos.2, 3 & 4 the service conditions with regard to the Respondent No.1-workman have been mentioned. It is made clear in the said affidavit that the Respondent No.1-workman shall be treated as a clerk for the purposes of Industrial Disputes Act, and that the age of retirement of the Respondent No.1-workman will be of 60 years. The undertaking given by the Appellant Company is accepted. Over and above, we make it clear that the Respondent ( 2 ) No.1-workman shall be treated as a clerk for the purpose of continuity in service and for all other benefits as a clerk except that of back wages. 2. In view of the above, nothing further survives in this Notice of Motion. Notice Motion stands disposed of accordingly. (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.)