WIPRO INFRASTRUCTURE ENGINEERING Vs. ADDITIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) This Writ Petition is filed challenging the order dtd. 4/3/2016 passed by Respondent No.1 - Additional Labour Commissioner and Appellate Authority as a consequence of which amendment to clause 23.1 of the Certified Standing Orders (for short 'CSO') of the Petitioner Company was permitted and the age of retirement of the workmen of the Petitioner - Company was stipulated at 60 years.

(2.) The brief facts of the case are that the Petitioner is a Public Limited Company engaged in the manufacture of Hydraulic Cylinders and components for the Infrastructure and other Industries. The age of retirement is fixed at 58 years under Clause 23 of the CSO of the Petitioner Company. The Respondent No.2 - Union filed an application dtd. 4/7/2012 before the Certifying Officer under the Industrial Employment (Standing Orders) Act, 1964 seeking for modification of the retirement age from 58 to 60 years. The said application was opposed by the Petitioner - Management by filing detailed objections. The Certifying Officer, vide order dtd. 7/8/2013 rejected the application.

(3.) Being aggrieved, Respondent No.2 - Union filed an Appeal before Respondent No.1 - Appellate Authority. The said Appeal was opposed by the Management by filing statement of objections. The Appellate Authority, vide order dtd. 3/3/2014 set aside the order passed by the Certifying Officer and allowed the application for amendment of the Standing Orders and increased the retirement of employees from 58 to 60 years.