SECRETARY CHOLAN POKKUVARATHU KAZHAGA THOLILALAR MUNNETRA SANGAM KUMBAKONAM Vs. LABOUR COURT APPELLATE AUTHORITY UNDER THE INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 1946

JUDGEMENT

(1.) THE Secretary, Cholan Pokkuvarathu Kazhaga Thozhilalar Munnetra Sangam, has filed this writ petition to quash the order in Appeal No. 1 of 1976 on the file of the first respondent herein. THE second respondent, being the management, contested four standing orders certified by the Certifying Officer under Central Act XX of 1946. Two standing orders, namely, Standing Order 3(ii) fixing the period of probation and Standing Order 31, fixing the age of superannuation at 55, had come up for consideration in this writ petition. It was canvassed before the first respondent herein, that there should not be any classification of skilled and unskilled workmen. THE first respondent concluded that, there was no justification for such classification being made for fixing the period of probation and finally held that the period of probation shall be nine months.

(2.) THE allegation of the writ petitioner in this writ petition is that the period fixed has no bearing to the nature of work to be discharged by skilled and unskilled workmen and that the period of probation may be fixed at 3 months.

(3.) THEN came the question regarding the age of superannuation. In this case, it was alleged by the workmen that the certified standing orders had correctly provided for 58 years as the age of superannuation, taking into consideration of what had been obtaining in S.R.V.S. in respect of some categories of workmen and the nature of work discharged by them. The management contends that to fix the age of superannuation at 58 years, will not be justified in respect of workmen who do some arduous jobs, and in this case, workmen being bound by the settlement arrived at under S.18(1) of Industrial Disputes Act on 3-6-1975, they cannot plead for different age being provided.