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ABHAY S. OKA, RAJESH BINDAL
Chairman-cum-M. D. ITI Limited – Appellant
Versus
K. Muniswamy – Respondent
JUDGMENT :
ABHAY S. OKA, J.
FACTUAL ASPECTS
1. This Civil Appeal raises a very narrow controversy. The issue concerns the interpretation of clause 17(7)(iii) of the Certified Standing Orders (for short, ‘the Standing Orders’) under the Industrial Employment (Standing Orders) Act, 1946 in respect of the appellant – company. The appellant – company is a Public Sector Undertaking (PSU) of the Government of India. On 11th June 1998, by a circular, an amendment was made to Rule 35 of the ITI Conduct, Discipline and Appeal Rules, 1975 (for short, ‘the said Rules’). Amended clause 2(d) of Rule 35 of the said Rules provided that an employee completing the age of 58 years, will continue in service till the completion of the age of 60 years, subject to medical fitness at the end of each year. On 22nd August 2001, the Department of Public Enterprises issued an Office Memorandum (O.M.) directing that the Hon’ble Ministerincharge of the concerned administrative Ministry would have the authority to approve the rollback of the retirement age for all PSUs, on the basis of the decision of the Board of Directors of the concerned PSU. The Board of Directors of the appellant – company proposed to roll ba
Point of Law : Under the Industrial Disputes Act, a settlement has been defined as a settlement which is arrived at during a conciliation proceeding and it also includes a written agreement arrived a....
Agreements on retirement age must be binding and cannot be selectively questioned; interim relief extending employment beyond retirement age is generally inadvisable.
The main legal point established in the judgment is that the amendment of Certified Standing Orders under the Industrial Employment (Standing Orders) Act, 1946, can be justified in law if made in acc....
The main legal point established in the judgment is that the retirement age can be increased based on factors such as the nature of work, financial aspects, global trends, and judicial opinion, and e....
The legal principle established is the binding nature of government guidelines mandating a retirement age of 60 years for Central Public Sector Enterprises, overriding any contradictory internal regu....
Each industrial establishment of a Company can have different Certified Standing Orders and different ages of retirement. On amalgamation, the CSOs applicable to each industrial establishment continu....
Chapter IVA contained Section 41A to 41H of the Factories Act, 1948 deals with ‘Provisions relating to Hazardous Process’, these provisions deal with the manner of setting up of a factory dealing wit....
Section 10 of IESO Act is reproduced hereunder for Duration and modification of standing orders.
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