Form No. J(1)

IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION Present :

The Hon’ble Justice Rajasekhar Mantha And The Hon’ble Justice Ajay Kumar Gupta F.M.A No. 75 of 2020 The Hindustan Cables Worker’s Union & Ors.

Versus The Union of India & Ors.

MAT 254 of 2020 M/s . Hindustan Cables Limited & Anr.

Vs.

M/s. Hindustan Cables Worker’s Union & Ors.

For the Appellant :Mr. L.K. Gupta, Ld. Sr. Adv.

Mr. Arjun Ray Mukherjee, Adv.

Mr. Apurba Ghosh, Adv.

For the Union of India :Mr. Indrajeet Dasgupta, Ms. Puspita Bhowmick, Adv.

For the Respondent nos. 4, 5, & 6 :Mr. ParthaSarathi Sengupta, Ld. Sr. Adv.

Mr. Soumya Majumdar, Ld. Sr. Adv.

Mr. Rohit Das, Adv.

Ms. Kishwar Rahman, Adv.

Heard on : 21st February, 2025. Judgment on : 28th February, 2025.

Rajasekhar Mantha, J.:

1. The present appeal MAT 254 of 2020 has been carried from a judgment and order dated 13th September 2019 passed by a Single Bench of this Court in W.P. No. 3303 of 2015.

2. By the impugned judgment, the Learned Single Bench has held that the change of the retirement age from 60 to 58 years of the workmen of the Rupnarayanpur Unit of the appellant is vitiated by applying the principle of procedural ultra vires, since the notice