1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7137 OF 2007 Smt.Vaijantibai N. Sawant .. Petitioner Versus The Commissioner, Kalyan Dombivili Municipal Corporation and Anr. .. Respondents Mr.M.D.Modgi h/f. Ms.Nayana V. Thatte for petitioner Mr.A.S.Rao for respondent CORAM : S.C.DHARMADHIKARI, J. DATE : 2nd April 2008 P.C. . The petitioner is aggrieved by the order 2 passed by the Industrial Court in Revision Application (ULP) No.8 of 2007 in Complaint (ULP) No.219 of 2004. 2. The Member, Industrial Court, Thane has dismissed the revision application which was directed against the order of the Labour Court dated 20th December 2006 dismissing petitioner’s complaint. 3. The order of the Industrial Court is dated 20th December 2006 as noted above and the Revisional Order is dated 12th June 2007. 4. On the basis that the petitioner has completed 60 years of age, she came to be retired from service with effect from 16th August 2004. The grievance of the petitioner is that this was unfair labour practice, inasmuch as, she has been dismissed or discharged illegally from the service. If her date of birth is taken in to 3 account, she continues till 12th May 2009. 5. In pursuance of the order on earlier occasion, petitioner is present in the Court and after taking instructions from her Mr.Modgi, learned Advocate appearing for her makes a statement that in pursuance of her application to pay her retiral dues, petitioner would attend the ward office on 7th April 2008 at 11.00 a.m. at which time her signatures will be obtained on all necessary papers/requisite forms. 6. Mr.Rao appearing for respondent makes a statement that within a period of four weeks from 7th April 2008, the retiral dues would be paid to her with simple interest at 9% p.a. In the light of this statement from the Corporation, the petitioner does not press this petition. Mr.Modgi seeks time to vacate the service quarters. He states that save and except the petitioner and her family members nobody else is 4 occupying the staff quarters and that she would vacate the same on or before 31st December 2008. 7. In the light of the above understanding between the parties, the petition does not survive and is disposed of. The order is passed on the basis that the petitioner accepts the position that she has retired from the service of the Corporation. 8. Mr.Modgi also states that the petitioner being a Sweeper has requested that her son should be employed with the Corporation on compassionate ground. An application/representation in that behalf is already forwarded and if the same is received, the Corporation to dispose of the same as well within six weeks from today. Petition disposed of. 5 (S.C.Dharmadhikari, J)