CARBORUNDUM KAMDAR SANGH Vs. CARBORUNDUM UNIVERSAL LTD.

JUDGEMENT

(1.) BY way of present petition under Articles 226 and 227 of the Constitution of India, the petitioners have inter alia prayed to quash and set aside the judgment and order dated August 28, 1996 passed by the Industrial Court, Rajkot in Appeal No.(IC) 6 of 1987, whereby the the Industrial Court partly allowed the appeal and set aside the order dated March 20, 1987 passed by the Certifying Officer and Assistant Commissioner of Labour, Jamnagar so far as it related to the decision of the age of retirement and ordered to insert the age of retirement as 58 years instead of 60 years.

(2.) THE matrix of the facts as culled out from the case are that the respondent herein submitted draft standing orders for certification to the Certifying Officer, Jamnagar, who tried to get the matter settled amicably between the parties, but there was no agreement on two aspects, viz. (1) Casual Leave and (2) the age of retirement. The Certifying Officer, therefore, proceeded to hear the parties and held that all the workmen shall be entitled to 10 (Ten) casual leaves with wages and accordingly, amended the draft standing orders to that effect. Regarding the age of retirement (Clause 33), he held that the age of retirement of the workmen shall be 60 years. As against the said order, the respondent herein preferred an appeal before the Industrial Court. The Industrial Court, after hearing both the sides, dismissed the appeal by way of the impugned judgment and order. Hence, this petition.

(3.) IN view of aforesaid, I am of the opinion that the view taken by the Industrial Court is just and proper. The Industrial Court has assigned cogent and convincing reasons for arriving at the conclusion. Over and above the reasons assigned hereinabove, I adopt the reasons assigned by the Industrial Court and do not find any illegality much less any perversity in the findings recorded. I am in complete agreement with the findings recorded by the Industrial Court. No case is made out to interfere with the findings recorded by the Industrial Court. Hence, present petition deserves to be dismissed.