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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

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 12th April, 2025 with regard to Premature Retirement Scheme for unionized employees and order dated 28th 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 18th August, 2017 for modification of its Certified Standing Orders towards implementation of Premature Retirement Scheme in respect of workmen in lying with F.R. 56(1) of CCS (Pension) Rules, 1972.

3. The company had made the application for modification/amendment of the Certified Standing Orders with reference to decision of Government of India for Central Government employees who are beneficiaries of CCS (Pension) Rules, 1972 and are subject to fundamental Rules. The Union had filed its objection to the proposed amendment.

4.

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