IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
GRACY V J – Appellant
Versus
STATE OF KERALA LABOUR DEPARTMENT – Respondent
WP(C) NO. 1655 OF 2026
| Table of Content |
|---|
| 1. petitioner challenging retirement terms. (Para 1 , 2 , 3) |
| 2. respondents assert lack of proposal. (Para 4) |
| 3. court refers to precedent dismissing similar claims. (Para 5 , 6 , 7) |
| 4. final ruling upholds dismissal. (Para 8) |
J U D G M E N T
Dated this the 29th day of January, 2026 The petitioner, who is working under the Plantation Corporation of Kerala Limited, has filed this writ petition seeking to quash Ext.P3 and to direct the 2nd respondent to implement Ext.P2 immediately in the Plantation Corporation of Kerala Limited.
2. The petitioner submits that the Plantation Corporation has taken a decision to enhance the retirement age of its employees from 58 to 60, as is evident from Ext.P2. The matter is pending consideration before the Government. The Government has not taken a final decision. In the meanwhile, if the service of the petitioner is terminated, the petitioner will be put to untold hardship.
3. The petitioner would urge that even though Plantation Corporation is under the Agricultural Department, the wages of Plantation workers are decided by the Plantation Labour Committee. The salary is also fixed on the basis of settlements. The petitioner is not paid wages comparable to the wages paid to the Government employees. Therefore, it would be only just and proper that the workers like the petitioner are permitted to continue in service till 60 years of age.
4. Standing Counsel entered appearance on behalf of the Plantation Corporation and resisted the writ petition. The Standing Counsel submitted that this Court has considered the issue in W.P.(C) No.11733 of 2024 and has rejected similar claims as per Ext.R2(j) judgment dated 30.05.2024. There is no fresh proposal for enhancement of retirement age made by the Plantation Corporation before the Government as on date. In the circumstances, the petitioner has no right to claim that she should be permitted to continue till the age of 60 years.
5. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the Plantation Corporation. I have also heard the learned Government Pleader representing respondents 1, 4 and 5.
6. Ext.R2(f) communication dated 07.10.2023 issued by the Principal Secretary to the Managing Director of the Corporation would indicate that the Government has already rejected the proposal. Ext.R2(h) would indicate that on the basis of the decision of the Government, the Plantation Corporation of Kerala has also decided to retain the age of retirement of its employees as 58 years.
7. This Court considered the issue of retirement age of the employees of the Plantation Corporation in W.P.(C) No.11733 of 2024. This Court found that the Plantation Corporation is a fully owned Government Company and hence it requires approval from the Government in at least the major matters like enhancement of retirement age. This Court held that the Government has not granted permission to enhance the retirement age, the stand taken by the Plantation Corporation is justified.
8. As the issue involved in the writ petition is covered by Ext.R2(j) judgment of this Court and since no new finalised proposal is pending before the Government for enhancement of age limit of the employees of the Plantation workers, no relief can be granted to the petitioner in this writ petition.
The writ petition is hence dismissed.
Sd/-
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