NANJAPPA Vs. MANAGEMENT OF SRI KRISHNARAJENDRA MILLS

JUDGEMENT

(1.) This petitioners have challenged the correctness of the award made by the Labour Court, Bangalore, upholding the action taken by the 1st respondent-management by retiring them on their completion of 40 years' service on the ground that such retirement was permitted by the Standing Orders in force which governed the service conditions of the workmen and certification of such Standing Orders was within the jurisdiction of the Certifying Officer who certified the said orders under the relevant provisions of the Industrial Employment (Standing Orders) Act, 1946 (for short 'the Act').

(2.) The Certified Standing Order which governed the retirement age of the petitioners reads as under: "An operative will be retired from the employment in the company when he completes 60 years of age or 40 years of continuous service whichever occurs earlier." It is not in dispute that the petitioners had not completed 60 years of age on the date they were retired but they had completed 40 years of continuous service. The reference made to the Labour Court was on the fallowing lines: "Are the management of Sri Krishnarajendra Mills Limited, Mysore justified in retiring the services of Sriyuths Nanjaiah, Roving-44 and Nagaiah, Spinning-172, with effect from 1-6-1972 and 30-6-1972 respectively before attaining the age of 60 years?"

(3.) The Labour Court on the pleadings of the parties framed the following additional issues :-" 1. Are the certified standing orders ultra vires ? 2 Is there any custom or service conditions other than certified standing orders that a workman should retire only on attaining the age of 60 years ? 3. Whether the pleas raised in additional claim statement are beyond the terms of reference ?