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JYOTI MULIMANI
Healthcare Limited – Appellant
Versus
President, Bangalore East Industrial Workers Union – Respondent
JUDGMENT/ORDER
1. Sri.S.N.Murthy., learned Senior Counsel on behalf of Sri.Somashekar., for petitioner and Sri.Subba Rao., learned Senior Counsel on behalf of Sri.L.Muralidhar Peshwa., for respondent No.1 have appeared through video conferencing. Smt.K.Shobha., learned HCGP for Respondents 2 and 3 has appeared in person.
2. The facts can be stated quite shortly as under: TTK Healthcare - the petitioner has Certified Standing Orders on 24/7/2013 under the provisions of Industrial Employment (Standing Orders) Act, 1946. Clause 15 pertains to retirement of workers at the age of 58 years. The first respondent Union submitted Charter of Demands dtd.:7/11/2016. In this, Clause 20 pertains to retirement demanding enhancement of existing age of 58 years to 60 years. It is stated that there were marathon discussions on the Charter of Demands and ultimately a settlement was signed on 28/4/2018 for the period 1/1/2017 to 31/12/2020. It is averred that Clauses 12(31), 12(32) and 12(39) of the terms of settlement pertains to Union agreeing not to raise any fresh demands and dropping rest of the demands contained in Charter of Demands dtd.:7/11/2016. Thus, the Union had agreed in the settlement t
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....
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 settlements between the employer and the trade union have binding nature, and subsequent amendments to the Model Standing Orders cannot be use....
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....
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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