G.R.S.E. Ltd. Workmen’s Union vs Garden Reach Shipbuilders And Engineers Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 978

IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
G.R.S.E. Ltd. Workmen’s Union – Appellant
Versus
Garden Reach Shipbuilders And Engineers Limited – Respondent

Advocates Appeared:
For the Petitioner: Mr. Soumya Majumder, Sr. Adv., Mr. Nilay Sengupta, Mr. Sujit Banerjee, Mr. Susanta Pal, Ms. Ananya Neogi, Ms. Anushka Ghosh
For the Respondent: Mr. Ranjay De, Sr. Adv., Mr. Basabjit Banerjee, Mr. Adityajit Abel Bose, Mr. Shiv Chandra Prasad, Mr. Pradyat Saha

Table of Content
1. challenge to premature retirement scheme (Para 1 , 2 , 3 , 4 , 5 , 8)
2. petitioner’s concerns about the scheme implementation (Para 6 , 7 , 12 , 13)
3. arguments regarding jurisdiction and applicability of rules (Para 9 , 10 , 11 , 19)
4. supreme court principles on compulsory retirement (Para 22 , 23 , 24)
5. judgment quashing the retirement scheme (Para 31 , 32 , 33)

JUDGMENT :

Shampa Dutt (Paul), J.

1. The writ application has been preferred challenging the orders of the Certifying Officer and the Appellate Authority under the Industrial Employment (Standing Orders) Act, 1946 and set aside the G.R.S.E. Ltd. notice dated 12^th April, 2025 with regard to Premature Retirement Scheme for unionized employees and order dated 28^th June, 2018 passed by the Certifying Officer and an order dated 14th July, 2022 passed by the Appellate Authority and the Premature Retirement Scheme for unionized employees.

2. It is the case of the petitioner that on the basis of a purported approval of the Board of Directors, the company had applied on 18^th August, 2017 for modification of its Certified Standing Orders towards implementation of Premature Retirement Scheme in respect of workmen in