GRINDWELL NORTON LTD Vs. ADDITIONAL LABOUR

JUDGEMENT

(1.) This intra court appeal is filed assailing the order dtd. 1/4/2021 passed by the learned Single Judge of this Court in W.P.No.43861/2018.

(2.) Heard the learned Senior Counsel appearing for the parties and also perused the material available on record.

(3.) Brief facts of the case as revealed from the records that may be necessary for the purpose of disposal of this appeal are, the Standing Orders of respondent no.3 herein was certified on 29/4/1991, and on 15/6/2015, the appellant had filed an application before the certifying officer under the Industrial Employment (Standing Orders) Act, 1946 (for short, 'the Act') seeking amendment of Clause 21 of the Standing Orders, which related to the age of retirement from service. Under the said clause, the age of retirement was 58 years and the amendment was sought to change the same to 60 years. On 17/3/2017, the State Government had issued a notification amending the Model Standing Orders, wherein the age of retirement from service was enhanced to 60 years. Respondent no.3 herein, after receipt of notice from the certifying officer, appeared before the certifying officer and filed its detailed objections for amending Clause 21 of the Standing Orders. However, the certifying officer vide order dtd. 8/11/2017 held that Clause 21 of the Certified Standing Orders of respondent no.3-Company has to be amended, and accordingly, directed respondent no.3 to enhance the age of retirement from 58 to 60 years to all the workers. Being aggrieved by the same, respondent no.3 preferred an appeal before the Appellate Authority and the said appeal was dismissed by the Appellate Authority vide order dtd. 9/8/2018 and as against the same, respondent no.3 had preferred W.P.No.43861/2018 and the learned Single Judge of this Court vide the order impugned allowed the writ petition and remanded the matter to the certifying officer to pass fresh orders after due consideration of the contentions raised by respondent no.3 in its statement of objections filed before the certifying officer within a period of two months from the date of receipt of the said order. Being aggrieved by the same, respondent no.3 in the writ petition viz., the Employees Association has preferred this intra court appeal.