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C. M. POONACHA
Wipro Infrastructure Engineering – Appellant
Versus
Additional Labour Commissioner – Respondent
JUDGMENT/ORDER
1. This Writ Petition is filed challenging the order dtd. 4/3/2016 passed by Respondent No.1 - Additional Labour Commissioner and Appellate Authority as a consequence of which amendment to clause 23.1 of the Certified Standing Orders (for short 'CSO') of the Petitioner Company was permitted and the age of retirement of the workmen of the Petitioner - Company was stipulated at 60 years.
2. The brief facts of the case are that the Petitioner is a Public Limited Company engaged in the manufacture of Hydraulic Cylinders and components for the Infrastructure and other Industries. The age of retirement is fixed at 58 years under Clause 23 of the CSO of the Petitioner Company. The Respondent No.2 - Union filed an application dtd. 4/7/2012 before the Certifying Officer under the Industrial Employment (Standing Orders) Act, 1964 seeking for modification of the retirement age from 58 to 60 years. The said application was opposed by the Petitioner - Management by filing detailed objections. The Certifying Officer, vide order dtd. 7/8/2013 rejected the application.
3. Being aggrieved, Respondent No.2 - Union filed an Appeal before Respondent No.1 - Appellate Authority. The said 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....
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 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....
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....
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....
Point of law :Industrial dispute - Petitioner and other employees shall be paid all the terminal benefits upto the age of 58 years and not beyond that, including gratuity. In case the petitioner succ....
Section 10 of IESO Act is reproduced hereunder for Duration and modification of standing orders.
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