ULTRA TECH CEMENT LTD Vs. ADDITIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) Details of Impugned Orders:

(2.) The Petitioner/Appellant is Ultra Tech Cement Ltd., incorporated under the Companies Act 1956, and has a cement factory in the village of Khor, District Neemuch, and a captive mine in nearby areas. (hereinafter referred to as the "Appellant/Petitioner"). The Private Respondents (hereinafter referred to as "Workmen") in all the Writ Petitions have been working in the cement factory at Khor, District Neemuch belonging to the Appellant/Petitioner.

(3.) The State Government enacted the M.P. Industrial Employment (Standing Orders) Act, 1961 (hereinafter referred to as "M.P. Act, 1961") to regulate the conditions of employment of Employees working in the undertaking/establishment in the State of M.P. Proviso to Sec. 2 of the M.P. Act, 1961 says that the provisions of this Act shall not apply to an undertaking carried on by or under the authority of Central Government or Railway Administration or mines or an oil field. Rule 7 of the M.P. Industrial Employment (Standing Orders) Rules, 1963 (hereinafter referred to as the M.P. Rules, 1963) provides that the retirement of the service of the Employee shall be on the date he attains the age of 58 years, but shall not retain in the service after the age of 60 years. In the exercise of the power conferred under Ss. 21(1) & 21(2) of the M.P. Act, 1961, the State Government has amended the Rules, 1963 by increasing the date of retirement from 58 years to 60 years.