SAROJ ARORA Vs. ESAB INDIA LTD

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of award dated 10th January, 2003 whereby the Labour Court answered the reference against her.

(2.) Briefly, the facts are that the petitioner was initially working with Philips India Ltd. as stenographer. The firm, where the petitioner was working, was taken over by ESAB India Ltd. and the petitioner was absorbed as employee of ESAB Ltd. with assurance that her services would continue without break and her wages, terms and conditions and all her employment would stand protected. Her age of retirement, as per her appointment letter dated 16.1.1979 with Philips India, was 60 years.

(3.) After her absorption by ESAB India, she continued working with ESAB India and she was promoted from clerical cadre to management cadre, G-I. She became Confidential Secretary and her job included Secretarial job of RM Office, maintaining the correspondence related to accounts and business, controlling of mail receipt, despatch and maintenance of leave record and medical account of the management staff. While promoting her in the management carde, she was given fresh appointment and terms and conditions of service which she accepted along with accepting the promotion. The terms and conditions of her promotion in the management cadre, regarding her superannuation provided as under: