PARADEEP PHOSPHATES LTD. Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition the award passed in Industrial Dispute Case No.16 of 2003 dated 17th April, 2010 is under challenge whereby and where under the terms of reference regarding reducing the prevailing retirement age limit from 60 years to 58 years has been held to be illegal by the Industrial Tribunal directing the workman entitled to all the benefits for the differential period, i.e. the benefit which they would have earned had they been allowed to retire at the age of 60 years.

(2.) The issue raised by the petitioner while assailing the award is whether the age of superannuation can be said to be a service condition as per Schedule 4 of Sec. 9(A) of the Industrial Disputes Act, 1947 and if it is not a service condition, then there is no requirement to give any notice to the workmen as required U/s.9(A) of the I.D. Act, 1947. In order to answer the issue it is relevant to go into the brief facts of the case as per the pleading made by the parties in the writ petition and in the counter affidavits.

(3.) The case of the petitioner Paradeep Phosphates Ltd. is that it was incorporated on 24th day of Dec., 1981 as a joint venture company between Government of India and the Republic of Nauru with an objective to manufacture Di-Amonium Phosphates. In the year 1993, the Republic of Nauru disinvested its entire equity stake to the Government of India and Paradeep Phosphates Ltd. became a wholly owned public sector undertaking of the Government of India having its corporate and registered office at Paradeep in the district of Jagatsinghpur in the State of Odisha. The performance of Paradeep Phosphates Ltd. started declining since 1996-97 and for that reason Government of India under its disinvestment policy, disinvested 74% of its stake in Paradeep Phosphates Ltd. on 28.2.2002 in favour of Zuari Maroc Phosphates Ltd.