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2024 Supreme(Online)(MP) 14672
HIGH COURT OF MADHYA PRADESH
JUSTICE VIVEK RUSIA, JUSTICE BINOD KUMAR DWIVEDI, JJ
Ultra Tech Cement Ltd. – Appellant
Versus
Additional Labour Commissioner – Respondent
WA 1167/2019
,Advocate General
The M.P. Industrial Employment (Standing Orders) Act, 1961 applies to the cement industry, establishing a retirement age of 60 years for workers.
Headnote:
Employment - Industrial Disputes - Industrial Disputes Act, 1947; M.P. Industrial Employment (Standing Orders) Act, 1961 - The court upheld the applicability of the M.P. Act, 1961 to the cement industry, confirming the retirement age of 60 years for workers, despite claims of central government control.
Fact of the Case:
The appellant, a cement company, challenged the applicability of the M.P. Industrial Employment (Standing Orders) Act, 1961, arguing that it was governed by central laws. Workers claimed entitlement to continue until age 60 based on state amendments.
Finding of the Court:
The court found that the M.P. Act, 1961 applied to the cement industry, affirming the retirement age of 60 years for workers. It ruled that the state government had the authority to refer disputes to the Industrial Court.
Issues: Whether the M.P. Industrial Employment (Standing Orders) Act, 1961 applies to the cement industry and if the retirement age can be set at 60 years despite claims of central government control.
Ratio Decidendi: The court held that the M.P. Act, 1961 governs the cement industry, and the statutory retirement age of 60 years is applicable, overriding previous settlements that set the age at 58.
Final Decision: All writ petitions challenging the applicability of the M.P. Act and the retirement age are dismissed; claims for full back wages are allowed.
ORDER
Per: Justice Vivek Rusia Details of Impugned Orders (i) The appellant/petitioner has filed Writ Appeal No.1167/2019 challenging the order passed by Single Bench in WP No.11515/2019 holding that the cement industry is not under the control of the Central Government also enacted the Industrial Employment (Standing Order)
Act, 1946 will be applicable to the appellant /petitioner.
(ii) Vide Writ Petition No.11515/2019 the petitioner/ appellant is challenging the impugned order dated 18.02.2019 passed by the Additional Labour Commissioner (State), whereby the dispute raised by respondent No.3/Workmen was referred to the learned Industrial Court under Section 10(1) of the Industrial Disputes Act, 1947.
(iii) Writ Petitions bearing Nos. WP/10554/2023, WP/13479/2022, WP/13489/2022, WP/13491/2022, WP/13497/2022, WP/13563/2022, WP/19104/2022, WP/24225/2022, WP/182/2023, WP/9386/2023, and WP/10664/2023 have been instituted by the petitioner/appellant assailing Award dated 26.04.2022 passed by the learned Industrial Court holding that appropriate Government will be State of Madhya Pradesh and the petitioner/appellant will be governed by Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 and the age of retirement will
60 years.
(iv) By way of Writ Petitions bearing Nos. WP/21386/2023, WP/22062/2023, WP/22064/2023, WP/19246/2022, WP/19249/2022, WP/19253/2022, WP/27471/2022, WP/27473/2022, WP/29980/2022, and WP/1393/2023 retired Workmen of the appellant seeking full back wages instead of 50% as awarded by learned Industrial Tribunal along with interest @ of 18% per annum.
List of Acts and Rules referred to in this matter
| Acts and Rules | Referred to as | |
| 1. | The Industrial Dispute Act,1947 | The ID Act |
| 2. | The Industries (Development and Regulation) Act, 1951 | |
| 3. | The Industrial Employment (Standing Order) Act, 1946 | The CG Act 1961 |
| 4. | The Industrial Employment (Standing Order) Rules, 1946 | The CG Rules 1961 |
| 5. | The M.P. Industrial Employment (Standing Orders) Act, 1961 | The M.P. Act 1961 |
| 6. | The M.P. Industrial Employment (Standing Orders) Rules, 1963 | The M.P. Rule 1963 |
1. Ultra Tech Cement Ltd. is an employer company hereinafter referred to as “the appellant/petitioner”
2. The Respondent who raised the dispute hereinafter referred to as the appellant/petitioner “the workmen”
Facts of the case:
02. The petitioner/appellant is Ultra Tech Cement Ltd., incorporated under the Companies Act 1956, and has a cement factory in the village of Khor, District Neemuch, and a captive mine in nearby areas. (hereinafter referred to as the “Appellant / Petitioner”). The private respondents (hereinafter referred to as “Workmen”) in all the writ petitions have been working in the cement factory at Khor, District Neemuch belonging to the appellant /petitioner.
03. The State Government enacted the M.P. Industrial Employment (Standing Orders) Act, 1961 (hereinafter referred to as “ M.P. Act, 1961”) to regulate the conditions of employment of employees working in the undertaking/establishment in the State of M.P. Proviso to section 2 of the M.P. Act, 1961 says that the provisions of this Act shall not apply to an undertaking carried on by or under the authority of Central Government or Railway Administration or mines or an oil field. Rule 7 of the M.P. Industrial Employment (Standing Orders) Rules, 1963 (hereinafter referred to as the M.P. Rules, 1963) provides that the retirement of the service of the employee shall be on the date he attains the age of 58 years, but shall not retain in the service after the age of 60 years. In the exercise of the power conferred under Sections 21(1) and 21(2) of the M.P. Act, 1961, the State Government has amended the Rules, 1963 by increasing the date of retirement from 58 years to 60 years.
04. The respondent workmen raised a dispute that they are also entitled to continue in the service up to the age of 60 years under the M.P. Act, 1961 in which by way of amendment in the Standing Order, the age of retirement has been enhanced to 60 years. The appel
