THIRUVENKATASWAMI K Vs. COIMBATORE MUNICIPALITY

JUDGEMENT

(1.) THIS petition is filed by an employee of the electricity department of the Coimbatore Municipality for the issue of a writ of tertiorari calling for the records of the municipality and to quash the order dated 20 February 1966 directing the petitioner to retire on his attaining the age of 55 on 26 December 1966.

(2.) THE petitioner Joined service in the electricity department of the Coimbatore Mnnicipality on 15 February 1947 as a wireman and is continuing as such. He attained the age of 55 on 26 December 1966, It is contended on behalf of the petitioner that by virtue of the application of the Industrial Employment (Standing Orders) Act, 1946, and the model standing orders framed thereunder, his age of retirement has been increased to 58.

(3.) THE Industrial Employment (Standing Orders) Act, 1946 (Central Act 20 of 1946), was enacted for the purpose of requiring the employers in industrial establishment to formally define the conditions of employment under them. The Act requires that within six months from the date on which the Act becomes applicable to an industrial establishment, the employer should submit to the certifying officer, draft standing orders proposed by him for adoption in the industrial establishment. Section 4 provides that the standing orders thus submitted shall be certified under the Act If they fulfil certain conditions. Section 10 (1) provides that the standing orders finally certified under the Act shall not, except on agreement between the employer and the workmen, be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation. Penalties are provided for in the event of the employer falling to submit draft standing orders as required under Section 3. Section 12a makes provision for the application of model standing orders for the period commencing from the date on which the Act becomes applicable to an industrial establishment and ending with the date on which the standing orders as finally certified under the Act come into operation under Section 7. The Government have framed model standing orders for the purpose of the Industrial Employment (Standing Orders) Act. Standing order 21 provides that every workman shall retire on attaining the age of 58 years which shall be the superannuating age provided that the management may, in their discretion, extend the period of service of any workman on reaching the age of superannuating for such longer period as may be considered necessary