BARAUNI REFINERY PRAGATISHEEL SHRAMIKPARISHAD GENERAL SECRETARY BARAUNI TELSHODHAK MAZDOOR UNION Vs. INDIAN OIL CORPORATION LTD:JOINT CHIEF LABOUR COMMISSIONER CENTRAL

JUDGEMENT

(1.) These two appeals by two different Trade Unions of Barauni Refinery are directed against the decision of the High Court of Delhi which set aside, the modification of Cl. 20 of the Standing Orders certified under S. 5 of the Industrial Employment (Standing Orders) Act, 1946 (hereinafter called 'the Standing Orders Act'). The brief facts giving rise to these two appeals are as under:

(2.) By a joint letter dated 15th December, 1981, 14 recognised unions representing the employees of the IOCL working in different refineries and pipe lines divisions submitted a charter of demands in terms of Cl. 2.1.3 of the long term settlement dated 3rd December, 1979. By Cl. 18 of this charter of demands the superannuation age was sought to be enhanced to 60 years. A similar- charter of demands was forwarded by the Barauni Telshodhak Mazdoor Union to the General Manager, IOCL, Barauni Refinery, on 23rd December, 1981. Pursuant to the presentation of this charter of demands, meetings were held between the Management of IOCL (R and P Division) and the recognised unions of the said Division from time to time. As a result of discussions held at the said meetings a settlement was mutually arrived at by and between the parties on May 24, 1983. Clauses 19 and 21 of this general settlement concerning all the Refineries and Pipe Lines Divisions, inter alia provided as under:

(3.) The Petroleum and Chemical Mazdoor Union through its General Secretary, Ram Vinod Singh, served notice on the Regional Labour Commissioner (Central) under S. 10(2) of the Standing Orders Act for modification of Cl. 20 of the certified standing orders of Barauni Refinery for raising the age of superannuation from 58 years to 60 years mainly on the ground that the staff members working in the Marketing Division superannuated on completing the age of 60 years. It was also contended by the said union that the demand for the upward revision of the age of superannuation could not be pressed at the time of the settlement arrived at pursuant to the charter of demands because the age of retirement was fixed at 58 years under the relevant certified standing orders. It was, therefore, felt necessary that Cl. 20 of the certified Standing Orders applicable to Barauni Refinery of the IOCL should be got suitably modified to raise the age of retirement to 60 years. This demand was based on the averment that the nature of work performed by the workmen in the Refinery and Pipe Lines Division was identical to that performed by the staff members of the Marketing Division. The pay-scales of the employees of the Refinery Division and Marketing Division were also identical. It was, therefore, contended that there was no valid reason for fixing different ages. for retirement for the staff members working in the said two Divisions of IOCL.