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SURAJ GOVINDARAJ
Management Of M/s Mersen India Pvt. Ltd. , Rep. By Managing Director – Appellant
Versus
Deputy Labour Commissioner And The Certifying Office Under The IE(SO) Act – Respondent
ORDER :
1. The petitioner is before this Court seeking for the following reliefs:
ii. Order dated 1.12.2020 passed by the Second Respondent in SOA/CR-05/2019-20 increasing the age of retirement from 58 years to 60 years (Annexure-J).
iii. Issue a writ of certiorari or any other appropriate writ or direction quashing the following orders:
a. Order dated30.3.2019 passed by the First Respondent in No.DLCA2/SO(T)/CR-14/2018-19/231 amending the Certified Standing order of the Company increasing the age of retirement from 58 years to 60 years (Annexure-F).
b. Order dated 1.12.2020 passed by the Second Respondent in NO.SOA/CR-05/2019-20 increasing the age of retirement from 58 years to 60 years (Annexure-J).
c. Grant any other relief(s) as may be deemed fit and proper by this Hon’ble Court, in the interest of justice and equity.
2. The petitioner is stated to be a Company engaged in the business of manufacture of Industrial Carbon and Carbon Brushes, which is allegedly class
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....
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....
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....
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 main legal point established in the judgment is that settlements between the employer and the trade union have binding nature, and subsequent amendments to the Model Standing Orders cannot be use....
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....
Section 10 of IESO Act is reproduced hereunder for Duration and modification of standing orders.
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....
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