INDIAN EXPRESS LTD Vs. WORKMEN EMPLOYED UNDER IT

JUDGEMENT

(1.) The present petition is directed against the judgement and award passed by the Industrial Tribunal in Reference (IT) No.176 of 1995, whereby the Tribunal has allowed the Reference and has fixed the age of retirement of the working journalists of the petitioner to 60 years from the date of award.

(2.) The short facts of the case appears to be that the petitioner Company, inter alia, is engaged in printing and publishing newspapers and publications in English and other regional languages. It has printing press, offices and branches in different States and Cities. One of such branches is at Ahmedabad. As per the petitioner, the branch at Ahmedabad came to be established in the month of February 1958 and it had engaged various persons as its employees, which included working journalists and nonworking journalists. In 1986, the respondent Union made a demand that the retirement age of the employee should be enhanced to 60 years. Such demand was referred to the Tribunal for adjudication in Reference (IT) No.504 of 1986. As per the petitioner, there was settlement between the parties and the Tribunal held that the age of retirement/superannuation for working journalists and non-working journalists will be 58 years and the award was also passed based on the same. On 27.6.1994, again demand was made by the Union requesting to enhance the age of superannuation/retirement at 60 years for employees of Ahmedabad Branch. The petitioner could not satisfy to the demand made by the respondent Union and, therefore, once again the dispute was raised and such dispute came to be referred to Industrial Tribunal for adjudication being Reference (IT) No.176 of 1995. The Tribunal, at the conclusion of the Reference, passed the above referred judgement and award, whereby it was held that the age of retirement/superannuation shall be 60 years. It is under these circumstances, the present petition before this Court.

(3.) I have heard Mr.Premal Nanavati, learned Counsel with Mr.Pranav Trivedi, learned Counsel for the petitioner and Ms.Yogini Parikh, learned Counsel for the respondent.