Karnataka High Court
Sri P Raju vs M/S Raman Boards Limited on 11
November, 2016
Author: A.N.Venugopala
Gowda
1 IN THE HIGH COURT OF
KARNATAKA AT BENGALURU
DATED THIS THE 11TH
DAY OF NOVEMBER, 2016
BEFORE
THE HON'BLE MR.JUSTICE
A. N. VENUGOPALA GOWDA
WRIT PETITION
No.29669/2014 (L-RES)
BETWEEN:
SRI P. RAJU
S/O. LATE ERE GOWDA
AGED ABOUT 61 YEARS
R/AT NO.72, 2ND MAIN
4TH CROSS, SRINIVASAPURA COLONY
BANGALORE SOUTH TALUK
BANGALORE - 560 060.
...
PETITIONER
(BY SRI H.C.SHIVARAMU, ADV.)
AND:
1. M/s. RAMAN BOARDS LIMITED
MYSORE - OOTY ROAD
UNIT OF ABB GLOBAL
INDUSTRIES &
SERVICES LIMITED
THANDAVAPURA
NANJANGUD TALUK
MYSORE DISTRICT - 571
302
BY ITS MANAGER.
2. THE ASSISTANT LABOUR COMMISSIONER
MYSORE DIVISION
MYSORE - 570 001.
...
RESPONDENTS
(BY SRI SOMASHEKAR FOR
M/s. S.N. MURTHY
ASSOCIATES, ADVS. FOR R1;
SRI DILDAR SHIRALLI, HCGP
FOR R2)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ENDORSEMENT DATED 15.01.2013 ISSUED BY THE
2ND RESPONDENT STATING THAT THE GOVERNMENT ORDER
(VIDE ANNEXURE-B) APPLIES ONLY TO U GOVERNMENT
SERVANTS, WHICH IS AT ANNEXURE-F; DIRECT THE 1ST
RESPONDENT TO EXTEND THE BENEFIT OF AMENDMENT OF
CERTIFIED STANDING ORDER AS CONTEMPLATED UNDER
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946 VIDE
STANDING ORDER CLAUSE 22, WHICH EXTENDS THE
RETIREMENT AGE FROM 58 YEARS TO 60 YEARS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner was boiler attender in respondent No.1-
Establishment. In view of the Certified Standing Orders of respondent No.1 as
at Anenxure-R1, the petitioner was notified that he will retire from service of
the company on the first date of the calendar month immediately following his
58th birthday i.e., the day he completes 58 years of age. A relieving order to
the said effect having been issued, a representation was submitted to
respondent No.2 stating that the action amounts to premature retirement in view
of the Government Order dated 28.07.2008 which enables an employee to remain in
service till the completion of age of 60 years.
2. In response to the said representation, an endorsement as at
Annexure-F having been issued by respondent No.2, this writ petition was filed
to quash Annexure-F and direct respondent No.1 to extend the benefit of service
till completion of age of 60 years and consequently pay the monetory benefits.
3. Heard Sri H.C.Shivaramu, learned advocate for the petitioner
and Sri. Somashekar, learned advocate for the respondents. Perused the writ
petition and the statement of objections filed.
4. Indisputedly, respondent No.1 has certified Standing orders
issued by the Competent Authority. The Certified Standing Orders has been
produced along with statement of objections as at Annexure-R1. Clause 11.04
thereof reads as follows:
"Every employees of
the company will retire from the service of the company on the first day of
the calendar month immediately following his 58th birthday (the day he
competes 58 years)".
5. As there is no consequential amendment to the said Certified
Standing Orders, either at the instance of Trade Union, if any of respondent No.1
or by any individual employee, including the petitioner, respondent No.2 is
justified in issuing the endorsement as at Annexure-F.
6. In the circumstances, the petitioner is not entitled to the
relief sought in this writ petition. As petitioner or the Trade Union of
respondent No.1 have not sought amendment of the Certified Standing Orders as
at Annexure-R1 the representation made by the petitioner being devoid of merit,
respondent No.2 is justified in issuing endorsement as at Annexure-F.
In the result, writ petition is dismissed with no orders as to
costs.
Sd/-
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