GUJARAT ELECTRICITY BOARD Vs. GUJARAT ELECTRICITY EMPLOYEES UNION

JUDGEMENT

(1.) The age of retirement of the workmen of the Gujarat Electricity Board (for short 'the Board') fixed at 60 years by the learned Industrial Tribunal in its award dated 23rd December 1983 in Reference (IT) No. 325 of 1981, is the subject-matter of both these petitions filed under Article 227 of the Constitution of India. The petition bearing Special Civil Application No. 274 of 1984 has been preferrd by the Board and the petition bearing Special Civil Application No. 5236 of 1984 has been preferred by the Gujarat Electricity Employees Union representing the workmen of the Board. Since the same award has been subject-matter of challenge in both these petitions, the same are being heard together and are being dealt with and decided accordingly.

(2.) The Industrial dispute between the Board and the workmen employed under it arising from the demand of the workmen for fixing the age of retirement at 60 years with a proviso of extension upto 63 years on production of medical certificate of fitness came to be referred for the adjudication u/S. 10 (1) (d) of the Industrial Disputes Act, 1947, by the Government of Gujarat, by the order of the Labour & Employment Department bearing No. KM/L/228/KJG/1079/ 15279/JH dated 6th May 1981. It was the case of the union before the tribunal that the age of retirement for the employees working in the various industrial and commercial establishments had been fixed at 63 years by the decisions of various tribunals which have been upheld by the Supreme Court, that the age of retirement in textile industry was fixed at 65 years, that the age of retirement in Surat Electricity Company was 58 years with an extension of further 2 years by instalment of one year at a time, that the higher officers of the public and private sectors are continued beyond 60 years, that the Board itself was giving extension upto 60 years and more to some of its officers, that the norms committee appointed by the Government of Gujarat recommended age of retirement at 60 years, that the existing pattern of the standard of living has improved and the amount of gratuity and provident fund available on retirement would not be sufficient to maintain the employee and the members of his family, that the expectation of life span had increased due to health condition improved due to food and medical facilities and under such present conditions, efficiency of the workmen is not impaired till 60 years, that needs of a workman would be greater between the 50 and 60 years of his age when the question of education and marriage of children would arise and that under such circumstances, the employees of the Board should be continued upto 60 years and on production of medical certificate the superannuation should be extended upto 63 years.

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