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2010 Supreme(Kar) 1024

V.JAGANNATHAN
Kennametal India Ltd. , Rep. by its Vice President Manufacturing & Factory Manager Sri. D. Sarathy – Appellant
Versus
Kennametal India Employees Association Rep. by its President Sri Gangabhairaiah – Respondent


Advocates Appeared:
For the Petitioner:S.N. Murthy, Senior Advocate for M/s. S.N. Murthy Assts, Advocate.
For the Respondent:R1 – K.S. Subramanya, R2 & R3 – Raghavendra Gayatri, Advocates.

Judgment :-

1. The application filed seeking amendment of clause 22 of the Certified Standing orders enhancing the age of retirement from 58 years to 60 years, was allowed by the second respondent certifying officer under the Industrial Employment Standing orders Act and age of retirement was fixed as 60 years. Appeal preferred by the third respondent was unsuccessful as the appellant authority confirmed orders passed by the second respondent. Aggrieved by the aforesaid orders passed by the second and third respondents this petition is presented by the company M/S Kennermental India Limited praying for setting aside the orders which are at Annexures ‘F’ and ‘K’ to this writ petition.

2. The facts which fall in narrow compass are that clause 22 of the standing orders of the petitioner’s company provided for the age of retirement at 58 years but giving the company the discretion to extend the service of a particular employee beyond the aforesaid age limit, subject to the employee being found medically fit by the medical officer, by such terms and conditions a company may prescribe in this behalf. It is this clause 22 of the certifying standing orders that was sought to be amended by w




















































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