BANSIDHAR SARMA Vs. CERTIFYING OFFICER AND LABOUR COMMISSIONER

JUDGEMENT

(1.) This writ application has been filed challenging the retirement of the petitioners at the age of 50 and with a further prayer to give effect to the settlement dated 22/1/91 and for a direction to reinstate the petitioners and allow them to continue till the age of superannuation is reached according to the settlement. There are as many as 23 petitioners and all of them are permanent employees of the Assam Co-operative Jute Mills Limited at Silghat which is duly owned and controled by the State of Assam and as such the same is an authority Under Article 12 of the Constitution of India and all these petitioners, it is claimed, were to retire at the age of 50. Earlier the age of retirement of the workers of the Mill was fixed at 58 years. But subsequently by virtue of a standing order certified by the Labour Commissioner, Assam under the provision of Industrial Employment Standing Order Act, 1946 (herein-after called the Act), the age of superannuation was arbitrarily fixed at 50 years of age and in pursuance of the said standing order the petitioners were forced to retire at the age of 50 years. That thereafter a conciliatory settlement was arrived all on 12.1.91. By the settlement the age of superannuation was fixed at 55 years. But the petitioners were not reinstated and as such this writ application.

(2.) I have heard Shri A. Dasgupta, learned advocate for the petitioners and Shri P.C. Deka, learned advocate for the Respondents. Section 4 of the Act of 1946 provides the conditions for certification of standing orders. It inter-alia, provides as follows :- (i) Provision is to be made therein for every matters set out in the Schedule which is applicable to the Industrial establishment; and (ii) The standing orders are otherwise inconformity with the provisions of this Act.

(3.) The law is that the terms of the employement specified in the standing order is preferred other to corresponding terms in contract of service, while adjudging the fairness or reasonableness of any standing order, the Certifying Officer should consider the social interest in the claims of employer and the social interest in the demands of workmen. Where a standing order certified by the Certifying Officer contains a Clause relating to superannuation not provided by the Schedule of the Act nor by the model standing order such certification can not be a valid certification. In the Schedule the following matters are to be provided in the Standing Orders under this Act :-