LAWS(KER)-2012-6-44

M D ELIYAMMA Vs. COFFEE BOARD

Decided On June 04, 2012
M.D.ELIYAMMA, RETIRED MAZDOOR, REGIONAL COFFEE RESEARCH STATION CHUNDALE, WAYANAD, RESIDING AT MAVELI HOUSE, PERUNTHATTA, CHUNDALE POST WAYANAD Appellant
V/S
COFFEE BOARD, NO.1, DR. AMBEDKAR ROAD, BANGALORE-1 REPRESENTED BY ITS SECRETARY Respondents

JUDGEMENT

(1.) THE petitioner was a farm mazdoor working under the 1st respondent Coffee Board. She is aggrieved by Ext.P2 office order directing that she would attain 58 years of age as on 31.5.2007 and therefore, her services would be terminated on 31.5.2007 as per the Plantation Labour Act. THE petitioner's contention is that, as is clear from Ext.P1 office letter, the retirement age of permanent mazdoors working at CDF, Kalpetta, where the petitioner was working, is 60 and therefore, the petitioner is entitled to continue till 60 years of age.

(2.) A counter affidavit and a statement have been filed by the respondents. The stand taken therein is that there is no agreement between the management and the labourers regarding retirement of age of farm mazdoors and therefore what is relevant is the Industrial Employment (Standing Orders) Rules and the Plantation Labour Act, as per which unless there is an agreement between the employer and the workmen regarding age of superannuation, the age of retirement shall be 58 years.