A.M.AHMADI, K.RAMASWAMY
Barauni Refinery Pragatisheel Shramikparishad: General Secretary Barauni Telshodhak Mazdoor Union – Appellant
Versus
Indian Oil Corporation LTD. : Joint Chief Labour Commissioner (Central) – Respondent
JUDGMENT
AHMADI, J. :- These two appeals by two different Trade Unions of Barauni Refinery are directed against the decision of the High Court of Delhi which set aside, the modification of Cl. 20 of the Standing Orders certified under S. 5 of the Industrial Employment (Standing Orders) Act, 1946 (hereinafter called the Standing Orders Act). The brief facts giving rise to these two appeals are as under:
Two companies, namely, the Indian Re- finery, Limited and Indian Oil Company, Limited amalgamated in 1964 and a new Company known as Indian Oil Corporation, Limited (IOCL) was incorporated. This newly formed company comprised essentially of two divisions, namely, (1) Marketing Division, representing the staff, assets and business of Indian Oil Company Limited, and (2) Refinery and Pipe Lines Division, re-presenting the staff, assets and oil refinery manufacturing of petroleum products of Indian Refinery Limited. The age of superannuation of the staff in the Marketing Division was 60 years whereas the age of superannuation for the Refinery and Pipe Lines Division was fixed at 58 years under Cl. 20 of. the Standing Orders concerning Barauni Refinery. The IOCL has refineries in different
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