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HIGH COURT OF KERALA
N. NAGARESH, J
T.P. ROY – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
(N. NAGARESH, J.)
The petitioner is an employee of the 2nd respondent-HMT Limited since the year 1992. Subsequent to the year 2001, a wing of the 2nd respondent-Company was separated in the name and style of HMT Machine Tools Limited.
2. The petitioner submits that no legal separation /bifurcation was effected between HMT Limited and HMT Machine Tools Limited. The petitioner continues to enjoy the service benefits available to the employees of HMT Limited. The petitioner has been informed that he stands transferred to HMT Machine Tools Limited. The age of superannuation in HMT Limited was 58 years as per Ext.P1 Standing Orders.
3. After the bifurcation in the year 2001, Ext.P1 Standing Orders continued to govern the petitioner. The Provident Fund Account of the petitioner also remained under the HMT Limited. The petitioner is a member of the HMT Employees’ Canteen Co-operative Society Limited, in which the membership is confined to the employees of HMT Limited. By Ext.P8 Office Order dated 06.06.2013, the age of supervision of the employees of HMT Limited was enhanced from 58 years to 60 years.
4. The petitioner would submit that though HMT Machine Tools Limited was bifurcate
The court upheld the validity of the bifurcation of HMT Limited and the amendment reducing the retirement age to 58 years, affirming the applicability of the amended Standing Orders.
The retirement age policy change from 58 to 60 years applies only to HMT Limited and not to its subsidiaries, which remain governed by their own rules.
Age of Retirement – Clause 17(7)(iii) of Standing Orders of ITI Limited only enables company to continue any employee in service till he or she attains age of 60 years subject to medical fitness at e....
Section 10 of IESO Act is reproduced hereunder for Duration and modification of standing orders.
Agreements on retirement age must be binding and cannot be selectively questioned; interim relief extending employment beyond retirement age is generally inadvisable.
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....
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 court established that modifications to an employee's recorded date of birth must be made within one year of the Standing Order's enforcement, and late applications are not permissible.
The court upheld an employer's right to legally reduce the age of superannuation from 60 years to 58 years under applicable labor laws.
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