MADURA COATS LIMITED Vs. MADURA COATS EMPLOYEES UNION

JUDGEMENT

(1.) The award of the Industrial Tribunal has been challenged in these proceedings by the management only insofar as the question of the age of retirement is concerned. The Tribunal has enhanced the age of retirement from 58 to 60 years subject to ascertainment of the physical fitness of a workman to continue in service after the age of 58. The management has been authorised to discontinue the services of a workman who is not found to be medically fit.

(2.) The award of the Tribunal was passed on 17th April, 2003. The award was challenged by the Union on the question of basic wages and Dearness Allowance on 26th December, 2003. The present petition was filed on 1st February, 2005 nearly two years after the award. Though the explanation that is tendered before the court is that since the award had not been published, the petition was not filed earlier, the fact, however, remains that the award was published only on 10th march, 2005 and the petition was instituted on 1st February, 2005.

(3.) Be that as it may, Counsel has been heard on the merits on the challenge to the award. The Court is concerned in this case essentially with workmen in the clerical cadre working in the Sales Depots at Mumbai. Model Standing Order 25 framed under the Bombay Industrial Employment (Standing Orders) Rules, 1959, in relation to the clerical and supervisory staff provides as follows :