ULTRATECH CEMENT LTD. Vs. ADDITIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India is filed with a prayer to quash the order dtd. 21/7/2014 passed in Appeal No.SOA/CR- 4/2010-11 by the 1st respondent- Additional Labour Commissioner.

(2.) Heard the learned counsel for the parties.

(3.) Petitioner is a Company incorporated under the Companies Act, 1956 having its Head Office at Calcutta in West Bengal State and a unit in the name of Vasavadatta Cement Limited at Sedam in Kalaburagi District, Karnataka State. Petitioner-Company is engaged in manufacturing, sale and distribution of cement and is said to be one of the largest manufacturer of cement in the country. The service conditions of the workmen of petitioner's unit at Sedam are regulated by a Certified Standing Orders issued by the Certified Authority under the provisions of Industrial Employment (Standing Orders) Act, 1946. As per the Certified Standing Orders, age of retirement of the workmen in petitioner's unit is fixed at 58 years. When the matter stood thus, the 3rd respondent which is a recognized Union of workmen in petitioner's unit had filed an application before the 2nd respondent herein to amend Clause 40 of the Certified Standing Orders of the petitioner's unit at Sedam and increase the age of retirement of the workmen from 58 years to 60 years with effect from 1/1/2008. The petitioner had opposed the same before the 2nd respondent. However, the 2nd respondent, vide order at Annexure-B, dtd. 27/4/2010 had allowed the application filed by the 3rd respondent and Clause 40 of the Certified Standing Orders of petitioners' Unit was ordered to be modified, enhancing the age of retirement of the workmen from 58 years to 60 years. Aggrieved by the said order dtd. 27/4/2010, petitioner had filed an appeal before the 1st respondent which was dismissed by the order impugned at Annexure-A dtd. 21/7/2014. It is under these circumstances, the petitioner-Company is before this Court.