HINDUSTAN CABLES WORKERS UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is at the instance of a trade union. It challenges a notice at page 114 of the writ petition as procedurally ultra vires. The said notice dated December 20, 2014, stated as follows: -

(2.) Perhaps the factual matrix of the case ought to be briefly noted. It is an admitted position that the employer Hindustan Cables Limited, Rupnarainpur units published its standing orders on July 06, 1964. This was duly certified by the Certifying Officer and Labour Commissioner of West Bengal. Clause 20 (i) of the said standing orders deals with superannuation. It has been provided in the standing orders that every employee shall retire from service on attaining the age of 58 years with the provision for extension of service of two (02) years in all, but not more than one (01) year at a time may be given at the discretion of the management. Admittedly, a tripartite settlement was entered into on July 07, 1974 between the management duly represented by its Managing Director, Chief Commercial and Administration Manager, Financial Manager, Joint Personal Manager as then in-charge of the said unit and four unions represented by their respective General Secretaries, as the then were, and in presence of H. M. Ghosh the then Additional Labour Commissioner and Conciliation Officer, Government of West Bengal. Clause no. 12 of the said tripartite settlement provided as follows:

(3.) Instead, on the basis of several representations made by the petitioners and/or employees' union the respondent no.1 by a letter dated September 22, 2014 clearly reiterated that the reduction of the age of retirement from 60 to 58 years and payment of gratuity/provident fund as well as issue of pay slip to the employees beyond 58 years is