KENNAMETAL INDIA LTD Vs. KENNAMETAL INDIA EMPLOYEES ASSOCIATION

JUDGEMENT

(1.) THE application filed seeking amendment of clause 22 of the Certified Standing Orders enhancing the age of retirement from 58 years to 60 years, was allowed by the second respondent certifying officer under the Industrial Employment Standing Orders Act and age of retirement was fixed as 60 years. Appeal preferred by the third respondent was unsuccessful as the appellate authority confirmed orders passed by the second respondent. Aggrieved by the aforesaid orders passed by the second and third respondents this petition is presented by the company M/s. Kennametal India Limited praying for setting aside the orders which are at Annexures 'F' and 'K' to this writ petition.

(2.) THE facts which fall in narrow compass are that clause 22 of the standing orders of the petitioner's company provided for the age of retirement at 58 years but giving the company the discretion to extend the service of a particular employee beyond the aforesaid age limit, subject to the employee being found medically fit by the medical officer, by such terms and conditions a company may prescribe in this behalf. It is this clause 22 of the certifying standing orders that was sought to be amended by way of an application presented by the first respondent association.

(3.) LEARNED senior counsel Sri S. N. Murthy for the petitioner referring to clause 22 of the certifying standing orders of the company and to the settlement entered into between the par- ties on 5.12.2007 (as per Annexure A) argued that when the association on behalf of the workmen had agreed not to raise any demand involving financial burden on the management during the operation of the settlement, the Certifying Officer could not have allowed the amendment application. More so, when the settlement was to remain in force till 30.6.11. Therefore, the order passed by the authorities concerned, namely, second and third respondent are contrary to the law laid down by the Apex Court in the case of (i) Barauni Refineries Pragatisheel Shramik Parishad and Indian Oil Corporation Ltd., and others v. Indian Oil Corporation Limited and others (ii) General Secretary, Barauni Telshodhak Mazdoor Union and Jt. Chief Labour Commissioner (Central) and others (1991 (1)LLJ 46): (AIR 1990 SC 1801) Therefore the orders impugned be set aside.