MANAGEMENT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties.

(2.) THE Management of Burn Standard Company Limited has filed these Writ Petitions challenging the orders of the Labour Court, directing payment of additional amount payable on account of the Voluntary Retirement of the present Respondent No. 2 under the Voluntary Retirement Scheme.

(3.) IN the claim made before the Labour Court, it was contended that the date of birth of the workmen was recorded as 31. 12. 1940 and on that basis while calculating the years available on the voluntary retirement Scheme, the calculation should have been made. However, the calculation was erroneously made by calculating the retirement to be in the year 1996. Before the Labour Court, an objection was filed by the present petitioner, apart from raising the question of maintainability of such an application under Section 33 (C) (2) of the Industrial Disputes Act and it was contended that since the present second respondent had employed in the year 1956, it must be assumed that he must be atleast 18 years of age on that date and therefore so calculating, he could have only 40 more years to serve and therefore the age of retirement was considered to be in the year 1996. The Labour Court relied upon the identity card issued by the Management wherein, the age of the retirement had been indicated and the date of birth is mentioned as 31. 12. 1940. Therefore, the Labour Court came to the conclusion that since the document issued by the Company itself indicated the age, there was no doubt about the age of the retirement and on that basis, the payment made towards Voluntary Retirement was not in accordance with the scheme. Accordingly, a direction was given.