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Thursday, March 25, 2021

No Employee Can Claim For Retirement At 60 When The Standing Orders Provide At 58 Years.

 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/-

JUDGE VM

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