IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE PRADEEP MITTAL

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ON THE 25 OF NOVEMBER, 2025 WRIT APPEAL No. 2870 of 2024 ULTRA TECH CEMENT LIMITED (ERSTHILE CENTRY TEXTILES AND INDUSTRIES LTD.)

Versus MANUULAL PANDEY Appearance:

Shri Aditya Adhikari - Senior Advocate with Shri Ms. Anannya Shree Adhikari - Advocate for petitioner.

Shri Sanjay Kumar Verma - Advocate for respondent on advance notice. WITH WRIT APPEAL No. 692 of 2021 ULTRA TECH CEMENT LTD. UNIT MAIHAR CEMENT WORKS Versus RAM PRAKASH MISHRA WRIT APPEAL No. 693 of 2021 ULTRA TECH CEMENT LTD. UNIT MAIHAR CEMENT WORKS Versus SIYA SHARAN PANDEY WRIT APPEAL No. 694 of 2021 ULTRA TECH CEMENT LTD. UNIT Versus JWALA PRASAD PATEL WRIT APPEAL No. 695 of 2021 ULTRA TECH CEMENT LTD.

Versus LALMAN PANDEY WRIT APPEAL No. 696 of 2021 ULTRA TECH CEMENT LTD. UNIT MAIHAR CEMENT WORKS Versus SAPAN KUMAR BOSE WRIT APPEAL No. 697 of 2021 ULTRA TECH CEMENT LTD. UNIT MAIHAR CEMENT WORKS Versus JAIRAM GAUTAM WRIT APPEAL No. 698 of 2021 ULTRA TECH CEMENT LTD.

Versus DURGA PRASAD DWIVEDI WRIT APPEAL No. 699 of 2021 ULTRA TECH CEMENT LTD.

Versus PRAVEEN SHUKLA WRIT APPEAL No. 700 of 2021 ULTRA TECH CEMENT LTD. UNIT MAIHAR CEMENT WORKS Versus JAGESHWAR PRASAD SONDHIYA WRIT APPEAL No. 701 of 2021 ULTRA TECH CEMENT LTD.

Versus BRIJKISHORE GARG WRIT APPEAL No. 277 of 2022 BIRLA CORPORATION LTD (UNIT OF SATNA CEMENT WORKS)

AND OTHERS Versus D.P. PATEL (DADHIBAL PRASAD PATEL)

WRIT APPEAL No. 985 of 2022 DADHIBAL PRASAD PATEL Versus BIRLA CORPORATION LIMITED UNIT SATNA CEMENT WORKS AND OTHERS WRIT APPEAL No. 1087 of 2023 ULTRA TECH CEMENT LTD. FORMERLY MAIHAR CEMENT WORKS AND OTHERS Versus RAMNATH PATEL WRIT APPEAL No. 1089 of 2023 ULTRA TECH CEMENT LTD. FORMERLY MAIHAR CEMENT WORKS AND OTHERS Versus MAHIPAL SINGH WRIT APPEAL No. 1939 of 2024 ULTATECH CEMENT LTD. FORMERLY MAIHAR CEMENT WORKS AND OTHERS Versus ARUN KUMAR TIWARI ORDER Per: Justice Vivek Rusia Learned Senior Counsel appearing on behalf of the appellants submits that identical issues came up for consideration before this Court in Writ Appeal No. 1167/2019 and other connected matters titled Ultra Tech Cement Ltd. v. Additional Labour Commissioner and others. By order dated

24.09.2024, this Court disposed of the said batch of writ appeals.

"11. The core issue involved in these bunch of cases is whether the statutory increase in the age of retirement i.e. 60 years by the State of M.P. shall apply to the Workmen of Vikram Cement Lime Stone Mines and Cement Plant, a unit of the petitioner/appellant.

12. So far the first issue raised by the appellant/ petitioner is that the appellant is a controlled industry under the Industries ( Development & Regulation) Act 1951 and is governed by CGAct of 1946. The Act of 1951 places certain industrial establishments under the control of the Central Government in the interest of the public. Section 2 of the Act of 1951 read with the First Schedule provides for industries under the control of the Central Government and Cement is one of the industry which is categorized as an industry is categorized as a Schedule Industry. The State of Madhya Pradesh enacted the M.P. Act of 1961 which came into force on 28.07.1961. Proviso to Section 2 (1) of the Act of 1961 provides that the Act of 1961 will not apply to an undertaking carried on by or under the authority of Central.

13. After the enactment of the M.P. Act of 1961, the Act of 1946 was amended in the year 1963 and a proviso was inserted in Section 1(4) thereof which specifically provided that the M.P. Act of 1961 would not apply to industrial establishments under the control of the Central Government. Relevant extracts of the CGAct of 1946 are reproduced below:

“1. Short title, extension and application.- ...

(4) ...

(ii) any industrial establishment to which the provisions of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 apply:

Provided that notwithstanding anything contained in the Mad